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HomeMy WebLinkAbout1983-03-28 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Planning Commission was held at 5:00 P.M. on Monday, March 28, 1983 at the Ozarks Electric Cooperative Building, Highway 16 West, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Newton Hailey, Cullers, Don Hunnicutt, David Williams Jr., Barbara Crook, Windell Ernest Jacks, Melanie Stockdell, Morton Gitelman, Julie Nash Johnie Bassett, George Faucette, Jr., Jim Lindsey, David McWethy, Larry Wood, Bobbie Jones, Suzanne Kennedy, members of the press and citizens from the Highway 16 West area It was moved by Windell Cullers, seconded by Ernest Jacks and passed unanimously to approve the Minutes of the meeting of March 14, 1983 as mailed. MINUTES Chairman Hailey said Items 4 through 6 on the agenda would be considered first because the agenda in the newspaper had the wrong location for the meeting and the Chairman wished to delay the public hearing on the General Plan to give people enough time to get to the correct meeting place. Request by George Faucette, Jr. was to consider tabling further Rezoning Petition R83-1, ARI Corporation, until the April 11, 1983 Planning Commission meeting. Mr. Faucette was present. It was moved by David Williams, seconded by Ernest Jacks and passed, 7-0, to further table R83-1 until April 11, 1983. REZONING PETITION R83-1 HIGHWAY 16 WEST ARI CORPORATION The Commission next considered a Conditional Use Request submitted by Jim Lindsey to construct 40 apartment units at 2581 and 2607 Kantz Drive, zoned R-0, Residential -Office District Mr. Lindsey was not present. CONDITIONAL USE REQUEST .2581 AND 2607 KANTZ DRIVE JIM LINDSEY Ernest Jacks asked if adjoining property owners had been notified and Bobbie Jones said the drawing shows three adjoining lots, but there is only one owner, Mr. E. J. Ball, whose letter of concurrence is enclosed with the agenda. Mrs. Jones said the adjoining lots 10, 11 and 12 were previously approved for apartments which have been constructed. She said the east 112 feet of Lot 13 should be included inIhe request although it is not mentioned in the letter of request. She said the property across the street is zoned R-2. Jones also said notification of property owners is a policy and not a Code requirement. 21 Planning Commission Minutes March 28, 1983 Page Two Ernest Jacks moved approval of the 112 feet of Lot 13 as in the legal adjacent property owners of Lot 14. and passed, 7-0. conditional use for Lots 8, 9 and the east description, subject to approval by The motion was seconded by Don Hunnicutt Gary Carnahan arrived later in the meeting to represent Jim Lindsey and Mr. Ball was also the owner of Lot 14. OTHER BUSINESS said Chairman Hailey said House Bill 505, HBSOS which would have allowed mobile homes in residentially zoned districts, was not approved by the State Legislature. In regard to Mrs Marie Terry's request for amendment to the zoning ordinance for mobile homes on 2/28/83, the Chairman appointed a committee to be chaired by Barbara Crook, with Melanie Stockdell and David Williams, to outline the legal ramifications, what the Planning Commission can and cannot do, and to make suggestions to the Planning Commission on this request by the April 25 meeting. Hailey reported David Williams, new Chairman of UPDATE COMMITTEE the Update Committee, will call a meeting within three or four weeks, as he needs time to catch up and to meet with Larry Wood. The Chairman said, according to the television PARKS ORDINANCE report of the last Board meeting, the Mayor indicated the Planning Commission was in favor of appealing the overturned Parks Ordinance. He stated the Commission had not previously indicated its feelings and he :asked for the feelings of the commissioners. David Williams made a motion that the Planning Commission is in favor of the City Board pursuing the appeal of the green space ordinance decision made by Judge Butt. The motion was seconded by Melanie Stockdell. Ernest Jacks said he had called the Mayor and the City Manager and given his opinion on that subject but never said the Planning Commission as a whole was in favor of appealing. Don Hunnicutt stated he thought the ordinance was a form of taxation where people have no say in the matter, said he thought it was an extra expense, because even though you may choose to donate land or money, you are boxed in to donating the money in many cases where small parcels of land are involved. David Williams said he thought the recent ruling stated the ordinance was so vague as to be unconstitutional and Ernest Jacks said City Attorney McCord explained to him the court simply did not agree that the taking of land for recreational purposes is equal to taking the land for street purposes. Newton Hailey stated he concurred with Hunnicutt's comments. The motion failed, 4-3, with Ernest Jacks, Barbara Crook, Melanie Stockdell and David Williams voting in favor, Windell Cullers, Don Hunnicutt and Newton Hailey voting against, and Gitelman and Nash absent. 30 Planning Commission Minutes March 28, 1983 Page Three Chairman Hailey opened the public hearing to consider amendment to the General Plan 1970-1990, a comprehensive plan for the City of Fayetteville, Arkansas, in the area lying West of Highway 71 By-pass (Fulbright Expressway), lying North and South of Highway 16 West (Wedington Drive), including but not limited to the recently annexed areas; (1) to consider amending the General Land Use Plan and (2) to consider amending the Master Street Plan. The Chairman said if the Planning Commission reaches some accord, their recommendations would then go on to the City Board of Directors. Larry Wood, Planning Consultant, displayed color -coded maps showing Alternate #1 and Alternate #2 land use proposals for the area west of the Bypass and north and south of Highway 16 West as far as Double Springs Road. He said the Transportation Technical Advisory Committee (TAC) had met earlier in the day to recommend changes to the Master Street Plan for the same area. Wood explained the two proposals were identical with the exception that Alternate #2 introduces commercial at Ruple Road with Office on either side; maps showing the proposed land uses were also distributed to members of the audience and included with the agenda. PUBLIC HEARING AMENDMENT TO THE GENERAL PLAN AMENDMENT TO MASTER STREET PLAN HIGHWAY 16 WEST Wood displayed the Master Street Plan, explained what is currently on the map for the area, said this would remain the same, but several additions are recommended: 1. To extend Double Springs Road as a minor arterial north to Highway 16 and as a collector north of Highway 16. 2. That a collector street be added east of Double Springs Road. 3. That County Road 650 extend south as a collector to meet the east - west collector in Farmington. 4. Farmington's minor arterial be brought over and up the section line in a new location (along the West side of Sections 12 and 13). 5. Dinsmore Trail be an arterial up to a proposed east -west minor arterial. 6. Dinsmore Trail be extended north to tie with Ruple Road as a collector. 7. The south end of Betty Jo be brought straight west to a collector street. Wood reported the TAC had made three recommendations: 1. To straighten out the offset section of the collector running between Highway 16 and Highway 62 east of Double Springs Road. (Resident in the area, Glenn Smith, pointed out there are houses on both sides of that offset part in the road.) 31 • • • • • Planning Commission Minutes March 28, 1983 Page Four 2. To pick up Ruple Road as a minor arterial from Mt. Comfort south to the minor arterial intersecting Dinsmore Trail 3. To pick up Mt. Comfort Road as a minor arterial back to the Bypass and add Mt. Comfort Road as it extends to the west of Ruple Road as a minor arterial. Mr. Wood said members of the TAC include two people from the Arkansas Highway Department, the Traffic Engineer for the City of Fayetteville, the Police Chief for the City of Springdale, the Administrative Assistant to the Benton County Judge, a member of the Springdale City Council, and a District Engineer from Ft. Smith. He said every change to Fayetteville and Springdale's Master Street Plan must go through the TAC before it becomes policy, as well as every improvement which deals with federal funding. Wood explained to a member of the audience that a minor arterial would be 80 feet wide whereas a collector would be 60 feet wide, that the needed right-of-way would have to come off the owner's land when development occurs. He said a collector would be three lanes wide whereas a minor arterial would be four lanes, although the road might start out with only two lanes until the additional lanes are needed. He also explained that the official location of a new road might not be established until new development in the area came in and then the location could be changed according to where development will be. George Faucette asked the depth of the proposed office use at Ruple Road - Wood said about 500 feet. He also explained to Faucette the reason he suggested R-2 behind the Office was as a buffer on the north and south. Wood told Jim Cramer of C 6 F Surveyors the depth of the proposed commercial use on Alternate #1 was about 300 feet. Marcella Thompson, resident north of the jog in County Road 650, asked how the proposed R-1 land use would affect their farm, and what would happen if they want to build a new barn or other farm -type structures. Newton Hailey explained that a ch mge to the General Land Use Plan is only a recommendation and not a rezoning of property, that the land use plan would be used as a guide when requests for rezonings come before the Planning Commission. He said all the property newly annexed into the City is zoned A-1, Agricultural, and her farm would remain that way unless she were to ask for a rezoning. Bryce Davis asked what would be wrong with adding more Residential -Office use on the north side of the Highway in Alternate #2. Wood said the reason he did not add that on the north side was because, in the Plan, there is R-0 at the end of the Commercial and there was no existing development which would dictate they carry it west. He agreed there would not be much difference in impact if there was R-0 on the north side to match that on the south side. Davis said he thought offices look better than apartments and commented what is put in the Plan today should be flexible for the future. Russell Jack, resident of County Road 650, submitted comments in a letter which he distributed to the Planning Commission in which he asks that the following be considered: (1) a study be made by an engineering firm to determine how to correct drainage problems; (2) a sewer improvement district be established; 3a • Planning Commission Minutes March 28, 1983 Page Five (3) no new commercial zoning be allowed between the Bypass and Double Springs Road and (4) if commercial zoning is allowed, he have the right to petition for rezoning his 18 acres in that area for commercial. The Chairman asked Larry Wood to address the drainage problems of that area. Wood said he would recommend to the Planning Commission that before they do anything on Highway 16 West beyond a Plan recommendation they urge the City to do a study of both drainage and sewer because they must consider a rezoning application at Ruple Road following this hearing. If that rezoning is approved, the property in question will go on septic tank as sewer is not available; the more development which is put on septic tanks, the more difficult it will be to get sewer into the area. He said the Planning Commission has no control over the drainage and sewer but when a subdivision comes into the City, the problem comes up and now is a good time to look at the problem, before encouraging development through rezoning. Russell Jack expressed his concerns that a large volume of septic tank users would cause raw sewage to get into people's wells. Windell Cullers asked, other than a study being made, what more could be done. Wood said, if the City had the money, it is possible they could install sewer and correct some drainage problems or an improvement district could be formed where the property owners would pay for it. The other alternative is that drainage and sewer be put in piecemeal, as development occurs. He said all the sewer that has gone in has been to serve a specific development and developers could not afford to get lines larger and deeper for others to tie in. Windell Cullers said it seems premature to allow development to take place until something is done about the sewer problem in the area; he asked if the Planning Commission could outline an area where they would refuse to allow development to take place. Glenn Smith, resident on County Road 650, asked when the changes in the Land Use Plan would be adopted. Chairman Hailey said the Planning Commission's recommendations would go before the Board of Directors at their April Sth meeting. Glenn Smith said he thought Highway 16 West and Highway 45 East were the only two approaches to the City uncluttered by commercial development and it would be in the interests of the entire City to have at least two attractive approaches to the City. Newton Hailey pointed out one of the main reasons for adopting the Plan is to have a legal basis for the denial of some rezoning petitions. Marcella Thompson asked if the Master Street Plan changes are approved, when they would be implemented. Newton Hailey said this would depend on the development rate of the area, and doesn't think the Board is able to undertake any new street construction at this time. Don Hunnicutt said the new streets would come in as the land owners develop. David McWethy, Assistant City Manager, said with the kind of activities that are taking place on Highway 16 West, he thinks meaningful changes are closer to 20 or 30 years away rather than 3 to 5, years from now. 33 • • • Planning Commission Minutes March 28, 1983 Page Six A member of the audience asked, if Mt. Comfort were to be widened, when would this take place. Newton Hailey said any street construction would take place when property along the street were developed and the work would be paid for by the developers. George Faucette expressed his concerns about the stance the Planning Commission might take in the future as regards Cullers' comments on having areas which could not be developed without provision for sewering or drainage. He said he thought, unless Russell Jack heads a sewer improvement district, everything in the area would stay A-1, because there would be no sewer. Barbara Crook said Faucette might be right, but it would be difficult to say until there is a drainage and sewer study. Jim Lindsey said, in light of the fact that property owners along both sides of the proposed new roads will have to give right of way and pay for street construction, they should be able to expect substantial commercial zoning, particularly where their property fronts on Highway 16 West and he said it should be incumbent that no commercial development go in without sewer. Jim Cramer asked if multi -family housing would be permitted on 2 acre lots in Winchester Square Subdivision in its present A-1 zoning. Bobbie Jones said if the lots were of sufficient size, two acres were required for a single family structure and four acres required for duplex. Cramer said Winchester Square had been approved by the State Board of Health for septic system. Bill Brown, resident in the area, asked if some types of commercial development would be more acceptable for septic tank usage than houses Newton Hailey said generally, C-1 usage is less intensive than R-0 or apartments are. There was some difference of opinion among members of the audience as to whether the land north of Highway 16 West from Ruple Road east had access to sewer. Larry Wood said City Engineer, Don Bunn, had stated the existing sewer line could not come south of Highway 16 because it is too shallow, that anything that can get to that line will gravity, but it cannot be extended west or south. In order to have access to the sewer line from the intersection of Ruple Road and Highway 16, you would have to go north and northwest to get into it deep enough before you could tie to that line. The public hearing was closed. After some discussion by the Planning Commission, Barbara Crook moved the Planning Commission recommend to the City Board that MOTION the drainage and sewage in the Highway 16 corridor west of the Bypass be studied and a facilities plan for this area be developed to provide guidance for the development of the area. The motion was seconded by Windell Cullers and passed, 7-0, with Gitelman and Nash absent. David McWethy explained that since the 1983 budget had already been approved, the Directors could decide, because the drainage that is there was there before annexation, to wait until 1984, or they might decide they need to budget an amendment to do it now. He also recommended a drainage study not be done in- house. 311 • • • Planning Commission Minutes March 28, 1983 Page Seven Hunnicutt said he felt, since the area has been annexed, the Planning Commission should take a stand on how the area will grow. Cullers said he sees a problem where developers come in bit by bit on septic tanks, and then sewer is never put in. He thinks an improvement district to fix the drainage would be perfect. Crook suggested the Planning Commission might make a decision on the General Plan recommendation and separately pass a Resolution which would affect whether or not the Commission would approve plans until there is a study. Don Hunnicutt moved to approve Alternate Plan #2 with commercial development at the intersection of Ruple Road, stating this has more flexibility for development along the Highway, and that this is where most of the rezoning requests have come from. The motion died for lack of a second. Cullers said he favored Plan #1 because you can develop more but MOTION you can't go back and he moved to amend the General Plan using Alternate #1. The motion was seconded by Melanie Stockdell who said she thought the intent of that proposal is to establish a commercial island at reasonable intervals; that with Alternate #2 there is a greater chance for strip commercialization to develop. Jacks expressed his agreement. It was confirmed that there would be a 21 mile interval between commercial areas. The motion passed, 7-0, with Gitelman and Nash absent. Barbara Crook moved the Planning Commission recommend to the Board of Directors the Master Street Plan be revised as shown on the MOTION map, with the changes as proposed by the TAC on March 28, 1983. The motion was seconded by David Williams and passed, 7-0, with Gitelman and Nash absent. Public hearing was opened on Rezoning Petition R82-20, Johnie Bassett, to rezone property located south of Highway 16 West and REZONING PETITION R82-20 HIGHWAY 16 WEST JOHNIE BASSETT east of County Road 650 from A-1, Agricultural District to C-1, Neighborhood Commercial District. Newton Hailey said this petition had been tabled at the January 24 and February 28 meetings until the land use hearing could be held. Hailey explained to the petitioner that, in case the rezoning was denied, it would be a year before he could re -petition. Bobbie Jones explained if the petition were withdrawn or denied, the Planning Commission would have to approve a petition coming back before the 12 -month period. She said this petition could be amended to a lower but not a more intensive zoning. She said the Planning Commission could recommend a less intensive zoning than the petitioner had requested. Johnie Bassett said he wished to withdraw his petition. Don Hunnicutt moved to approve the withdrawal of Rezoning Petition R82-20 and to waive the requirement that he wait a year before he can re=petition. The motion was seconded by David Williams and passed, 7-0, with Gitelman and Nash absent. With no further business, the meeting adjourned at 6:35 P.M. 35