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HomeMy WebLinkAbout1983-02-28 MinutesMINUTES OF PLANNING COMMISSION MEETING A meeting of the Planning Commission was held at 5:00 P.M. on Monday, February 28, 1983 in Room 107 of the Continuing Education Center, Fayetteville, Arkansas MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Newton Hailey, Jr., Ernest Jacks, Windell Cullers, Julie Nash, Don Hunnicutt, Melanie Stockdell, Barbara Crook David Williams, Morton Gitelman Larry Wood, Millard Goff, Russell Jack, Bill Graue, Johnie Bassett, Jim Cramer, George Faucette, Jr., Zeek Taylor, Guy Seaton, Johnny Quinn, Sandra Carlisle, Jim Lindsey, Mr. Terry, Bobbie Jones, Suzanne Kennedy, members of the press and others The Minutes of the Planning Commission meeting of February 14, 1983 were approved as mailed. The second item on the agenda was a report from Planning Consultant Larry Wood on a study requested of the newly annexed area lying north and south of Highway 16 West (Wedington Drive). Larry Wood displayed a map showing the existing land use in the area, and explained existing conditions -- starting on the north side of the highway, west of the Bypass, there is residential development until Ruple Road, where there is a grocery -service station, and west from there is a new subdivision, scattered single family, utility substation, undeveloped property, a church, and more single family duplexes. On the south side starting at the Bypass is existing multi -family, office buildings, a church, undeveloped property, an abandoned meat processing slaughter house, a plumbing and heating business and single family all the way to County Road 680, a church, some duplex units, more single family, and a service station and grocery store at Double Springs Road in the White Rock area. Wood showed an overlay map indicating the Farmington Planning Area boundaries, and an overlay showing the water and sewer in the area (very limited sewer). He said that putting in sewer in this area will not be a high priority as there are other areas already within the City which also need sewer. He said everything in that area would have to be pumped into the lift station. Wood displayed an overlay of soils in the area and stated there were 15 different types, several of which are severe in terms of septic tanks; an overlay was shown of the City's Master Street Plan recommendations and those of the County in the area. He said Ruple Road and Mt Comfort are shown as collector streets on the City Master Street Plan and, outside of the City boundary, the County plan shows Mt. Comfort as a rural major collector street. An overlay was shown of the Fayetteville City Limits and the Farmington Planning Area boundary line. Wood showed an overlay of the existing General Plan. He stated there was commercial surrounded by multi -family areas at the corner of the Bypass and the rest is shown as single family residential out to the east of Ozarks Electric and that west of that point is all agricultural. Wood stated the existing zoning pattern shows C-2 and R-2 at the Bypass MINUTES STUDY OF NEWLY ANNEXED AREA HIGHWAY 16 WEST LARRY WOOD • .011 • • Planning Commission Minutes February 28, 1983 Page Two intersection, supporting the General Plan, a block of R-2 just west of the interchange which is not developed, some R-2 duplex development and farther west is zoned agricultural. Wood stated, on Master Street Plan changes, we need to extend some arterial and collector streets to support future development. He recommended changing Mt. Comfort from a collector to a minor arterial, as it is the only road going east and west that does not dead end. He recommends introducing a new collector on a county road and the extension of Double Springs Road as a collector. To the south, Wood displayed those minor arterials he proposes extending within the newly annexed area. As far as zoning recommendations, Wood presented two alternatives to leaving the zoning agricultural, with all other existing uses to be non-con- forming. oncon- forming. Those alternatives are: 1) That C-2 zoning remain at the Bypass, with R-2 surrounding, that R-0 zoning remain for the Land Bank and Farm Bureau, a short stretch of multi- family zoning up to Ozarks Electric, that an office district begin there and extend past Ruple Road, with potential commercial development to be around Ruple Road and the collector arterial tie; then multi -family zoning to terminate west of the church, and an office district to continue to the west end of the Bassett property, with possible commercial zoning in the White Rock area, along with Commercial Office and multi -family for the existing duplexes south of the service station. 2) That there be a small C-1 concentration at Ruple Road, buffered with R-0, picking up an office district at Ozarks Electric with strips of multi- family in that area. In answer to a question from Barbara. Crook, Wood estimated there would be about two miles distance between the proposed commercial areas. In answer to Cullers, Wood stated he thought it unlikely that the sewer service serving Northwest Acres could be extended to the west or south as it is too shallow, but that it could be pumped. Hailey asked if the R-0 or A-1 designations had been reviewed since 1970 and Wood stated they had not. Wood was asked for his recommendations and he stated the two alternatives are preferable to leaving the zoning as it is, but that he would not recommend an increase in density without available sewer. Don Hunnicutt stated R-2 zoning would create more sewer problems than commercial or R-0 zoning. Ernest Jacks stated he was in favor of proceeding with a public hearing. The Chairman asked if anyone present wished to comment on whether to have a public hearing to revise the General Plan. Millard Goff, Box 848, stated he lived in the area and worked at Ozarks Electric. He said he did not think the area lends itself to residential development on the highway without adequate sewer. Russell Jack, Route 2, Box 432, stated he lived on Highway 16 West and did not feel additional commercial zoning is needed and wished to keep the area residential. He added that Highway 62 West and Highway 71 were already eyesores. He said he would be in favor of some kind of sewer development district. Windell Cullers moved•to schedule a public hearing to consider the two alternative proposals presented by MOTION Larry Wood on the land use plan for Highway 16 West at the earliest possible time. 11 r Planning Commission Minutes February 28, 1983 Page Three Bobbie Jones said the earliest time a hearing could be held would be a month from now (March 28). She said the notice in the newspaper would would inform people they could come describe the boundaries of the area and to the office to review the proposals. The motion was seconded by Barbara and Gitelman absent. Crook and passed, 7-0, with Williams The next item on REZONING PETITION R82-20 the agenda was to hold a HIGHWAY 16 WEST public hearing on Rezoning JOHNIE AND ORA V. BASSETT Petition R82-20, Johnie and Ora V. Bassett, to rezone property located south of Highway 16 West and east of County Road 650 (part of Phase I of the proposed Winchester Subdivision), from A-1, Agricultural District, to C-1, Neighborhood Commercial District. Johnie Bassett was present. Chairman Hailey stated this petition had been tabled at the January 24 meeting pending a study of the area by Larry Wood. He asked the petitioner if he would be adversely affected if this petition were to be tabled again, pending the outcome of the proposed public hearing one month from today. Bill Graue, Route 2, stated he has a home in the area of Winchester Square and sees no reason why the area could not be developed as commercial, even though his home is there. Johnie Bassett, petitioner, stated he did not wish to develop in any way which would be bad for the City, that he has owned several tracts of land and has had many commercial developments. He stated he did not know any better use for the land in question. He stated no objections to tabling the petition again. He said he thought it would be ideal for his land to have commercial frontage with residential behind. Ernest Jacks moved to table Rezoning Petition R82-20, with a statement to be required in writing from the MOTION petitioner agreeing to extend the 45 -day limitation on holding a public hearing. The motion was seconded by Windell Cullers and passed, 7-0, with Williams and Gitelman absent. Next was to hold public hearing on Rezoning Petition R83-1, ARI Corporation, to rezone property located north of Highway 16 West (Wedington Drive) and east of County Road 877 from A-1, Agricultural District, to C-2, Thoroughfare Commercial District. George Faucette, Jr. was present. Chairman Hailey stated this petition also had been January 24 meeting pending Wood's study of the area. George Faucette stated no objections to the tabling of his petition pending the outcome of the public hearing on land use in the area and agreed to submit a letter to that effect. REZONING PETITION R83-1 HIGHWAY 16 WEST ARI CORPORATION GEORGE FAUCETTE tabled at the 29 • • Planning Commission Minutes February 28, 1983 Page Four Ernest Jacks moved to table Rezoning Petition R83-1, with a statement to be required in writing MOTION from the petitioner agreeing to extend the 45 -day limitation on holding a public hearing. The motion was seconded by Windell Cullers and passed, 7-0, with Gitelman and Williams absent. Next was public hearing on REZONING PETITION R83-3 Rezoning Petition R83-3, Zeek Taylor, 1317 NORTH GARLAND AVENUE to rezone property at 1317 North ZEEK TAYLOR Garland Avenue from R-1, Low Density Residential District, to R-0, Residential Office District. Zeek Taylor was present. Chairman Hailey explained the Planning Commission must review four areas in consideration of a rezoning petition: 1) If the rezoning is consistent with stated planning objectives and principles of land use; 2) Is it justified and is it necessary; 3) Would it create any traffic problems; and 4) Would it alter populations to any particular degree which would tend to overload utilities. Hailey said the Planning Commission is legally bound to vote on these four questions, and asked that comments be limited to those particular items. Larry Wood, Planning Consultant, presented the following report: That the general area has been the subject of several rezoning appli- cations (five or six in the past five or six years); the property under application and the adjacent property to the north were under application in 1979 for commercial rezoning and denied. In 1978, property at James Street and Mt. Comfort Road, south of this location, was rezoned to C-1. In that application three zoning plans were presented to the Commission to help guide future rezoning requests in the immediate area. Two of the plans suggested that buffering and transition zones be introduced around the commercial zones to protect the surrounding residential areas and to restrain commercial development from stripping along Garland Avenue north. Wood recommended the buffering and transition zoning pattern be suggested again, north of the Second Hand Furniture Store and Epperly Flowers. He recommends the R-0 Zoning District as a buffer against the commercial district to the south and to begin the transition to lower density residential to the north. Mr. Taylor stated he wished to use the dwelling for a beauty salon to replace the business he now operates on College Avenue. He said there is a drive and a garage which they would move so that parking will be behind the house away from the street. They plan to remodel the house, leaving a residence there. There was no opposition expressed to the rezoning petition. Barbara Crook expressed concern as to the affect of parking on surrounding property if it is to be adjacent to the residential property. Ernest Jacks pointed out there would be a screening requirement on the back of the property which would take, care of the parking concern. Windell Cullers moved to recommend approval of Rezoning Petition R83-3. The motion was seconded by Ernest Jacks and MOTION passed, 7-0, with Gitelman and Williams absent. 21 J • • • Planning Commission Minutes February 28, 1983 Page Five Next was to consider approval of a Large Scale Development plan for "Walker Park North" lying north of West 13th Street, west of South Block Avenue, south of the Naval Reserve Training Center and primarily east of Tin Cup Creek, zoned P-1, Institutional District; being developed as a Community Development Project; waivers being requested of the separation distance required between "R" zoned property and the softball and soccer fields and future spectator facilities (Article 7, Section 14, Zoning). Sandra Carlisle was present to represent Community Development and Johnny Quinn was present for McClelland Engineers. Don Hunnicutt reported that Subdivision Committee recommended approval of the Large Scale Development, subject to Plat Review comments, that Clayton Powell respond to Item 7 in Mr. Quinn's letter of February 16, 1983 before Planning Commission meeting and aIso that the waiver request be heard . by Planning Commission when members of the public can be present. Hunnicutt reported that Clayton Powell had submitted a response to the Planning Office and Bobbie Jones explained it was attached to the Minutes of the Subdivision Committee meeting. Powell's comments were not read aloud, but are incorporated into the Minutes as follows: "Mr. Powell clarified that the two drop inlets he referred to on Block were on each side of the street with an underdrain under the street between them. He further stated that if the Parks Department wants to leave the drainage as it is at this time, it is fine with him. However, they need to know they cannot block the flow of drainage that comes under that street and they will have to take care in the future in order to develop that south softball field. In the future the drainage from the drop inlets will have to be routed between those two softball fields and it needs to be either storm drained or a concrete lined ditch. Again they must not block off the flow of water between the drop inlets and Tin Cup Creek." Newton Hailey read comments submitted to the Planning Office from Wally Brt, Sanitation Superintendent, in response to Mr. Quinn's letter of February 16, 1983. "...Brt...stated it should be recorded in the Minutes of the Planning Commission meeting that he asks for a sanitary container when the ballfields are opened for use. He asks for some hard surfacing over the portion of land over the telephone line and he asks that a curb cut be left now." Chairman Hailey asked for comments from the public. Don Hunnicutt moved approval of the Large Scale MOTION Development, subject to Plat Review comments to include Clayton Powell's and Wally Brt's responses, and approval of the waiver request. The motion was seconded by Melanie Stockdell and passed, 7-0, with Gitelman and Williams absent. Barbara Crook asked why the ballfields had been designed to face the afternoon sun. Johnny Quinn explained that he was involved only in the third phase of the project, that the master plan had been developed by another engineering firm, Northwest Engineers. LARGE SCALE DEVELOPMENT PLAN WALKER PARK NORTH COMMUNITY DEVELOPMENT PROJECT CITY OF FAYETTEVILLE • • • • Planning Commission Minutes February 28, 1983 Page Six Consideration was given to approval of the Large Scale Development plan for a Corps Community Center for the Salvation Army to be located on the south side of the West LARGE SCALE DEVELOPMENT PLAN CORPS COMMUNITY CENTER W. FIFTEENTH STREET THE SALVATION ARMY Fifteenth Street immediately east of Southgate Shopping Center, zoned C-2, Thoroughfare Commercial District; waiver of the requirement to provide view -obscuring screening between this property and the "R" zoned property to the East with landscaping in lieu of the screening is requested. Jim Lindsey was present to speak for the Salvation Army. Don Hunnicutt, speaking for Subdivision Committee, moved to recommend approval of the Large Scale Development MOTION and waiver of screening, subject to Plat Review comments, subject to submittal of a description of the right-of-way needed along the north property line and subject to determination of the need for a possible lot split. The motion was seconded by Melanie Stockdell. Jim Lindsey asked that the Minutes reflect the Planning Administrator's confirmation that the uses planned by the Salvation Army, as detailed in Subdivision Committee Minutes, are permitted uses in the C-2 Zoning District. The motion passed, 7-0, with Williams and Gitelman absent. The next item was to consider a request for a waiver of the minimum lot size applicable to a lot split for property located on Mally Wagnon Road north of Highway 16 East submitted by Guy Seaton; property zoned R-1, Low Density Residential District. Mr. Seaton was present. Bobbie Jones summarized some past history of the property in question, as outlinedin a memo to the Planning Commission in this meeting's agenda. Jones said Mr. Seaton had expressed an interest in having one house for himself and wished to sell half of the property. She said Mr. Seaton is asking the Planning Commission to approve the dot split without any paving requirements. Mr. Seaton stated he had about 350 feet of frontage on Mally Wagnon Road, and 200 feet deepand he wished to split this in half, making two 175 x 200 foot lots. Jones said the previous lot split request on this property is the only lot split request which had come before the Planning Commission in which they had required street improvements in the past. Jones said there had been a case about that same time where the residents south of this property had asked the Board of Directors to let them pave the street at least 16 feet wide up to the South line of this property and had gotten approval, with the property owners to bear the cost of materials, and the City to furnish the labor. Ernest Jacks moved approval, seconded by Julie Nash and passed, 6-1, with Barbara Crook voting "nay" and MOTION Gitelman and Williams absent. WAIVER OF MINIMUM LOT SIZE FOR A LOT SPLIT MALLY WAGNON ROAD GUY SEATON 2i • Planning Commission Minutes February 28, 1983 Page Seven Next was a request from Wade Bishop to waive the safety zones between driveways and the safety zone from driveway to side property line for six lots located on a cul de sac in Regency North, Phase 2, zoned R-2, Medium Density Residential District, addresses being 3130, 3133, 3141, 3173 and 3179 Butternut Drive and 3198 Malinda. Mr. Bishop was not present. Chairman Hailey stated the past policy of the Planning Commission has been not to strictly apply the safety zones for residential streets and, in particular, to cul de sacs. Bobbie Jones pointed out the lot numbers and addresses the map and letter with the agenda. Jacks asked Bobbie Jones if the Traffic Department had would create a problem and she stated she had not checked with them. Bobbie Jones said the intent in the residential area is to keep a spacing of 25 feet between all driveways, or 121 feet from side property lines. Don Hunnicutt moved approval of the waiver of both the 25 foot and 121/2 foot safety requirement. The MOTION motion was seconded by Windell Cullers and passed, 7-0, with Gitelman and Williams absent. WAIVER OF SAFETY ZONES FOR 6 LOTS REGENCY NORTH, PHASE 2 WADE BISHOP are indicated on said whether this Next was to consider a letter from Mrs. Marie Terry requesting an amendment to the Zoning Ordinance as it regulates the placement of mobile homes outside mobile home parks within the City Limits. Mr. Terry, her son, was present. Newton Hailey said there was presently under consideration by the legislature House Bill 505, the intent of which is to allow the placement of mobile homes in R-1 zones. Chairman Hailey suggested it might be wise to table this request until the Bill has been acted upon by the legislature. Don Hunnicutt pointed out that a public hearing would be required before an ordinance could be changed. Barbara Crook suggested a time could be set for the public hearing in the meantime, as this would take into consideration the needs of Mr. Terry's elderly mother. Mr. Terry said they would probably eventually be asking to rezone from R-1 to R-2. Ernest Jacks suggested if the legislature passes the Bill, it is possible it would make the City ordinance unconstitutional and suggested the request be tabled. He said an extensive study had been made years ago before the present ordinance was written and in his opinion, any change would "open up a can of worms". Jacks moved to table the request until more information is obtained on actions of the legislature. The motion was MOTION seconded by Windell Cullers. REQUEST FOR AMENDMENT TO ZONING ORDINANCE MOBILE HOMES MRS. MARIE TERRY 24 0 ca CM co a.. tiM • Planning Commission Minutes February 28, 1983 Page Eight Barbara Crook spoke in sympathy with the desires of some to have a way to provide for housing for elderly parents on a temporary basis and stated she would like to see the process expedited. There was further discussion as to whether a public hearing should be planned before or after more news is received on the outcome of HB 505. Mr. Terry stated his mother must sell her house before she can move so that they are not in a big hurry. Chairman Hailey stated the legislature was to finish up by next week and advertisement could be made at the next meeting. The motion to table was passed, 7-0, with Gitelman and Williams absent. Under Other Business, Chairman Hailey explained this request for a waiver of the minimum lot size requirement for a lot split has been referred to the Planning Commission by City Attorney McCord. He said that Bill Bracey desires to sell the Davidson Shoe building at Mountain and East but retain ownership of another building which sits on the south 50 feet of the same lot. Because of the placement of these two buildings on the same lot, the sale of one building would necessitate a lot split which could not meet the minimum lot size requirements under the subdivision ordinance. Ernest Jacks pointed out the lot split ordinance was devised to keep people from subdividing without providing proper facilities for improvements. Windell Cullers moved to approve the waiver. The motion was seconded by Ernest Jacks and passed, 7-0. OTHER BUSINESS WAIVER OF LOT SIZE REQUIREMENT FOR A LOT SPLIT DAVIDSON SHOE BUILDING BILL BRACEY The last item on the COMMITTEE REPORTS AND REVIEW agenda was committee reports and review. Ernest Jacks stated he did not have a report at this time from the Update Committee. Chairman Hailey announced that the Subdivision Committee membership will now have three members, rather than four, as David Williams' schedule makes it impossible for him to serve on that committee. Hailey stated if any of the three members cannot attend, an additional committee member will be asked to attend from the following list, and members should be called in this order: 1st: Windell Cullers 4th: David Williams 2nd: Ernest Jacks 5th: Julie Nash 3rd: Morton Gitelman 6th: Newton Hailey Hailey announced that the new Chairman of the Master Plan Review Committee (or Update Committee) will be David Williams and that committee members Ernest Jacks, Morton Gitelman, Julie Nash and Newton Hailey will remain on the committee. There being no further business, the meeting adjourned at 6:25 P.M. 2.5