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HomeMy WebLinkAbout1983-04-11 MinutesMINUTES OF A MEETING OF THE PLANNING COMMISSION A meeting of the Planning Commission was held on Monday, April 11, 1983 at 5:00 P.M. in Room 107 of the Continuing Education Center, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS ABSENT: Barbara Crook, Don Hunnicutt, David Williams, Newton Hailey, Jr., Melanie Stockdell, Windell Cullers, Ernest Jacks, Morton Gitelman Julie Nash Larry Wood, David McWethy, Bobbie Jones, Suzanne Kennedy, Gary Carnahan, George Faucette, Jr., Sylvia Swartz, Russell Jack, Ginger L. Hansen, Lee Ward, Ward Adams, Cecil and Georgia Drake, members of the press and others With.no.additions or correctionsi.being made, Chairman Newton Hailey stated the Minutes of the meeting of March 28, 1983 stand approved as mailed. MINUTES ******ANNOUNCEMENT OF THE BIRTH OF MELISSA REBECCA TO JULIE NASH ON MARCH 31****** The second item of business was approval of the Large Scale Development plan for Oakshire Apartments located east of East Oaks Drive and south of Kantz Drive, owned by Jim Lindsey and William Elsass and zoned R-0, Residential -Office District. LARGE SCALE DEVELOPMENT PLAN OAKSHIRE APARTMENTS (PHASE 3) EAST OAK DRIVE AND KANTZ DRIVE JIM LINDSEY & WILLIAM ELSASS Gary Carnahan, engineer, was present. The Chairman asked for a report from the Subdivision Committee. Chairman Don Hunnicutt stated Carnahan had brought a revised plat today which includes Plat Review requirements, that Carnahan is to report today on a meeting with Street Superintendent Clayton Powell regarding drainage problems and that there is a request for a waiver on the 100 -foot setback from R -zoned property for the tennis court. Carnahan said he has made the required revisions on the plat which he distributed to the Planning Commission members. He said as a result of his meeting with Powell, the development is required to have installed a 12" corrugated metal pipe for 450 feet along Kantz Drive to handle the on-site drainage. He said this pipe will extend from the driveway to the nearest street culvert. He explained to Barbara Crook that it appears the drainage will go to the east, not the north and west as they had discussed in Subdivision Committee meeting. Carnahan said the tennis court abuts C-1 zoned property on the East and the requirement is for a 100 -foot setback from R -zoned property (the tennis court is also adjacent to R-0 zoned property). Carnahan said the R-0 zoned property has been used for multi -family dwellings but that they do not intend to have lights on the tennis court at night and do not feel the setback should apply inthis case. 34 • • • Planning Commission Minutes April 11, 1983 Page Two Don Hunnicutt moved to approve the Large Scale Development with a waiver of the 100 -foot setback on the tennis court, with MOTION Clayton Powell approving the drainage as discussed along Kantz Drive, with revised plot plans as submitted today, and with Plat Review comments. The motion was seconded by Ernest Jacks and passed, 7-0, with Nash absent and with Gitelman not present at this point. Next was a request from Bryce Davis to reschedule the public hearing advertised for April 11 on Rezoning Petition R83-4 for property located west of Highway 71 Bypass and north of Old Farmington Road. stated Mr. Davis requests the public hear REZONING PETITION R83-4 WEST OF HIGHWAY 71 BYPASS NORTH OF OLD FARMINGTON RD. BRYCE DAVIS Mr. Davis was not present. Hailey ng be held on April 25, 1983. It was moved by David Williams to approve the request to reschedule the public hearing for April 25, 1983. The motion was seconded by Windell Cullers and passed, 7-0, with Nash absent and Gitelman not present at this point. The fourth item on the agenda was public hearing on Rezoning Petition R83-1, ARI Corporation, to rezone property located north of REZONING PETITION R83-1 NORTH OF WEDINGTON DRIVE EAST OF COUNTY ROAD 877 ARI CORPORATION Highway 16 West (Wedington Drive) and east of County Road 877 from A-1, Agricultural District, Commercial District. Hailey explained this petition had Commission meetings of January 24, February 28 and March Jr. was present to represent ARI Corporation. to C-2, Thoroughfare been tabled at Planning 28. George Faucette, Larry Wood, Planning Consultant, reported that he again does not recommend the C-2 District for the following reasons: 1. The location of the property does not fit the criteria for commercial location -intersection of two major streets or the intersection of a major street and a collector street; 2. Commercial zoning at the requested location would tend to encourage strip commercial development along Highway 16 West; and 3. The intersection of Highway 16 West and the Highway 71 Bypass is zoned for commercial development and should be developed prior to committing additional locations in the rural area west of the City. Chairman Hailey said the Board of Directors had agreed with the recommendation of the Planning Commission that the drainage and sewage in the Highway 16 area west of the Bypass be studied and asked Assistant City Manager David McWethy what timetable has been set for the study McWethy said they will be soliciting proposals from engineering firms before one is selected, that he would predict a study could be completed within three months. 3�( Planning Commission Minutes April 11, 1983 Page Three Petitioner George Faucette distributed photographs of the site. Faucette explained ARI Corporation decided to buy this parcel of land before the annexation took place, for commercial use He said they thought the property lent itself to commercial use due to the presence of an Ozarks Electric sub- station in front of a portion of the property and the existence of almost three- quarters of an acre of 69 KV transmission line easements encumbering the property and said they felt the atmosphere was not conducive to a residential setting. He said subsequently the property was annexed into the City, but they still felt residential zoning there did not make sense and there was no need for office space on 16 West, and they now feel they made a bad investment because of the annexation. He said he agrees with the land use plan, but it bothers him that there might not be sewer for 10 or 15 years and that the Planning Commission might not allow any development. He said, based upon State requirements, septic tanks are possible, but he fears the Planning Commission would not allow this. Faucette stated he wished to withdraw his petition, subject to the same conditions granted Mr. Bassett at the last meeting. He added that he was..willing to consider C-1 zoning for the site because he was not interested in opening a liquor store. He asked for the Planning Commission's feelings on his comments. Barbara Crook asked what was on Lots 4 and 5 and Faucette explained there was nothing between the power station and the Bethel Baptist Church. (Morton Gitelman arrived at this point in the meeting -- 5:13 P.M.) Ernest Jacks said Faucette's line of reasoning seems to be that the site is only appropriate for industrial or commercial property, that industrial or commercial architecture would not be the best looking thing. He said he couldn't swallow going totally in the other direction and saying "we've got a terrible looking thing here, we better put out terrible looking stuff :in this location along with it". Faucette said he thinks people wouldn't mind looking at the sunset from their office building through the power lines as much as they would mind that from the back porch of their home. Faucette told Cullers it was correct that he would be interested in accepting any rezoning for the site other than R-1, assuming he was not held back by the lack of sewer. He said, according to the City Engineer's Soils Map, the soil on his site is suited for septic tank and the site does not have a drainage problem. Don Hunnicutt asked about the possibility service from the north. Faucette said it flow from a station north of the property the site about a mile and it has not been raised at the last meeting of sewer had been suggested they could gravity but he said he would have to go off proven it can gravity flow. Hailey said he was in sympathy because the rules and regulations changed the situation after the annexation; that he was not sure the Planning Commission has a firm policy about "no development" but that, once the sewer and drainage study is completed, things could change. Jacks said he did not think the Planning Commission had ever taken a position of stopping the development of residential properties because of septic tanks. Bobbie Jones said one of the reasons the Commission can refuse to approve a Large Scale Development is if there is no public water and sewer available and the petitioner has not made any efforts to make it available 38 • eJ • Planning Commission Minutes April 11, 1983 Page Four Hunnicutt asked how many residential properties were available for sale and Faucette said anywhere between 800 and 900 were presently available. Hunnicutt said he did not think we needed to protect any more residential property for years, but thinks Faucette is probably wise to withdraw his petition. Hunnicutt moved to allow the withdrawal of the petition at Faucette's request, with the stipulation that Mr. Faucette can re -petition at any time. The motion was seconded by Windell Cullers and passed, 8-0, with Julie Nash absent. The fifth item on the agenda was a conditional use request submitted by Mrs. Sylvia Swartz for a duplex at 607 North Razorback Road, zoned R-1, Low Density Residential District. Mrs. Sylvia Swartz was present. MOTION CONDITIONAL USE REQUEST FOR A DUPLEX 607 N. RAZORBACK ROAD SYLVIA SWARTZ Mrs. Swartz said she did not intend to add on to her house, but only wishes to remodel the basement into an apartment, along with constructing a kitchen in the basement. Melanie Stockdell asked if the neighbors had been notified. Mrs. Swartz said she had talked to them before she applied and they all said it would be okay. Melanie Stockdell moved approval, seconded by David Williams and passed, 8-0, with Nash absent. The sixth item of business was a conditional use request submitted by Cydney Thompson for child care for eight children in the home at 890 South Washington Street, zoned R-2, Medium Density Residential District. Ms. Thompson CONDITIONAL USE REQUEST FOR CHILD CARE 890 S. WASHINGTON STREET CYDNEY THOMPSON was not present. Bobbie Jones said she had not received anything in writing, but the Planning Office had received a call from Ms. Thompson who stated her husband had been re -stationed and they would be moving, therefore she wished to get her filing fee returned. Bobbie Jones said she thinks this indicates a wish to withdraw the request. Windell Cullers moved to table the request indefinitely, stating in the event Ms. Thompson does not move, she would be able to make the request again without paying another fee. The motion was seconded by Melanie Stockdell and passed, 8-0, with Julie Nash absent. 39 Planning Commission Minutes April 11, 1983 Page Five The next item of business was a conditional use request submitted by Ginger L. Hansen for home occupation of child care for six children in the home at 3355 Martin Avenue; zoned R-1, Low was present. CONDITIONAL USE REQUEST HOME OCCUPATION OF CHILD CARE 3355 MARTIN AVENUE GINGER L. HANSEN Density Residential District. Ms. Hansen Bobbie Jones explained, for a home occupation in the R-1 District there is a limit of six children, differing from child care for more than six children, in that they do not have minimum lot area and fenced play area requirements; but they do have a limitation on the hours of operation unless it is waived by the Planning Commission. (Ms. Hansen is requesting the hours from 7:30 A.M. to 6:00 P.M.) It was confirmed that Ms. Hansen had provided proof of notice to adjoining property owners by way of posting a notice in the newspaper. Jones said she had received no calls from any neighbors expressing opposition. She said if there are no complaints received by the end of one year, the conditional use can be renewed through the Planning Office automatically. David Williams moved approval with the hours to be from 7:00 A.M. to 6:00 P.M. for one year. The motion was seconded by Windell Cullers. The Chairman asked if anyone was present who wished to express an objection. There were no objections expressed. The motion was passed unanimously (8-0) with Nash absent Bobbie Jones asked Ms. Hansen to obtain a Certificate of Occupancy from the Planning Office. The 8th item of business was a conditional use request submitted by John R. Ambrose, President of Shelton Sales and Service, Inc., for heating and air conditioning, electrical sales and service at 2717 Drake Street, zoned C-2, Thoroughfare Commercial. Mr. Lee Ward was present to represent Shelton Sales and Service, Inc. CONDITIONAL USE REQUEST FOR HEATING, A/C $ ELECTRICAL SALES SHELTON SALES AND SERVICE, INC. 2717 DRAKE STREET Mr. Ward stated the owner wishes to build a 10,000 square foot building similar to the buildings in the area and the use is not permitted in a C-2 zone. Bobbie Jones explained Contract Construction Service is listed under Use Unit 21 and is permitted by right in an I-1 District, and would require Planning Commission approval to operate in a C-2 zone. Melanie Stockdell moved approval, seconded by Ernest Jacks and passed, 8-0, with Nash absent. • • • Planning, Commission Minutes April 11, 1983 Page Six The ninth item to be considered was a request for a variance from the lot size requirement applicable to a lot split submitted by Johnie Bassett for property west of Drake Street and northwest of North College Avenue (Lot 2, Block 2, Carlon Center), zoned C-2, Thoroughfare Commercial District. Mr. Bassett was not present but was represented by Ward. REQUEST FOR VARIANCE FROM LOT SIZE TREQUIREMENT FOR LOT SPLIT LOT 2, BLOCK 2, CARLON CENTER JOHNIE BASSETT Lee Bobbie Jones explained the owner of Lot 4 wishes to purchase the portion of Lot 2 lying north of the drainage easement. She said she told the owner if they wish to combine it and would agree that Lot 4 and that portion of Lot 2 would not be sold separately at any time, that she would handle it as a property line adjustment. Instead they wish to be able to sell either portion as separate tracts. She said the property line must go down the center of the 40 foot access into Lot 2, and she recommends they write up a mutual right of access on that section, so that all of Lot 2 would have the full benefit of the entire 40 feet for access purposes. Mr. Ward said the idea was to have full use of the entire 40 feet but, after Lot 2 is divided, each owner would own twenty feet of ingress and egress. Morton Gitelman pointed out a discrepancy between the survey map and the Planning Office map and Bobbie Jones said the Planning Office map was inaccurate in that the tract shown should not come to a point, and asked the Commissioners to refer to the survey map. Ernest Jacks pointed out improvements are already there; he said the purpose of the ordinance is to keep substandard improvements from being made. Bobbie Jones said they must construct a driveway on the 40 foot section. Ernest Jacks moved approval, seconded by Windell Cullers. Hunnicutt asked where the slope was on the building coming off from the furniture store. It was confirmed that was not included in the 40 -foot area. The motion passed, 8-0, with Nash absent. The 10th item on the agenda was a request submitted by Ward K. Adams for an extension of 12 months on paving a parking area and driveway at 1368 Leverett Avenue. Mr. Ward Adams was present. REQUEST FOR EXTENSION ON PAVING PARKING AREA AND DRIVEWAY 1368 LEVERETT AVENUE WARD K. ADAMS Ernest Jacks asked if there had been a previous extension granted at this same location. Bobbie Jones said she had granted an extension for one year, and the petitioner said it expires on April 22 or 23, 1983. Windell Cullers moved to grant a 12 -month extension. The motion was seconded by Morton Gitelman, "on the New School principle". (It was pointed out that "The New School" had been granted a second year extension on paving.) The motion passed, 8-0, with Nash absent. L • • • L Planning Commission Minutes April 11, 1983 Page Seven Next on the agenda was PETITION TO ABANDON RIGHT-OF-WAY to consider a petition to EIGHTH STREET BETWEEN BLOCKS 3 $ 4 abandon the street right-of-way CECIL AND GEORGIA DRAKE for Eighth Street located between Blocks 3 and 4, Ferguson's Addition, submitted by Cecil and Georgia Drake. The Drakes were present. Chairman Hailey asked if the petition had been signed by the adjacent property owners on both sides. Bobbie Jones said the petition was signed by the Drakes. Hailey said there are two ways to abandon the right-of-way, one is by petition of all the adjacent property owners and the other is by the City simply deciding it is no longer needed. Hailey said he thought the basic issue before the Commission is strictly from a planning standpoint. The Drakes said they own the property on the north side. Hailey said the City Attorney had advised the Commission could choose to make a recommendation based on the fact that the right-of-way was not being used and the City could close it, not on a petition signed by all the people around there but as a petition to the City. Bobbie Jones stated SWEPCO does not object, Southwestern Bell Telephone Co. concurs in the reduction of the easement, Gas Company has no objections, Warner Cable has no objection, the City Engineer has no objection but wishes to retain the entire right-of-way as a utility easement, the Street Superin- tendent has no objection but wishes to retain the south 25 feet as drainage easement and the Sanitation Superintendent Wally Brt stated no direct objection but said there are not any other through streets from 6th Street to 15th Street and in the future this might be of some importance. The Chairman asked for comments on Wally Brt's point. Barbara Crook said if the area to the north of the Naval Reserve was ever developed as on the General Plan (parks or public land) it would be needed for access; but since there is presently a paved street through it and it is not likely to be used for public land, she said she thought there were other streets in the area better to be opened up than that one. The Chairman explained the Commission can only make a recommendation and that the final decision rests with the Board of Directors. The Drakes said that they understood this, that they told the Street Superintendent they would put a gate up so there would be access. The Chairman also explained, if the Board chooses to abandon that portion of the right-of-way, the property would revert equally to the property owners to the north and south. The Drakes said they understood this and stated also that they paid the entire filing fee of $40.00. David Williams moved to recommend closure of the street right-of-way between Blocks 3 and 4 of the Ferguson's Addition, subject to a utility and drainage easement. The motion was seconded by Windell Cullers and passed, 8-0, with Nash absent. • i Planning Commission Minutes April 11, 1983 Page Eight The last item on the agenda was a petition to vacate and abandon an unimproved street right-of-way located on 8th Street from South Church Avenue, westward 144.8 feet, submitted by Loraine L. Couch. Ms. PETITION TO VACATE AND ABANDON UNIMPROVED STREET RIGHT-OF-WAY BTH;STREET FROM S. CHURCH WEST 144.8' LORAINE L. COUCH Couch was not present. Bobbie Jones said the map prepared for the agenda is incorrect and should be farther south, to almost join up with the Naval Reserve property. She asked the commissioners to refer to the map which shows the sewer locations; that map is correct. She said the sewer line appears to run through the area in question. Windell Cullers asked what the Naval Reserve would have to do to get permission to use that part of the street for parking. Bobbie Jones said the area in question does not appear on the City maps but appears in the abstract of the petitioners. She said the City would probably have to change it from public right-of-way back to just City owned property. Windell Cullers said he saw no sense in abandoning it if it can be used and moved to recommend not granting the petition to vacate and abandon the right-of-way of Eighth Street from South Church westward 144.8 feet. The motion was seconded by Don Hunnicutt and passed, 6-2, with Melanie Stockdell and Morton Gitelman voting against the motion, and with Nash absent. Chairman Hailey asked if Barbara Crook's OTHER BUSINESS committee studying alternate housing for elderly and the mobile home question could have a report for April 25. Chairman Hailey requested Morton Gitelman's committee on the controlled access highway regulations (Section 18-13, Fayetteville Code of Ordinances) also have a report for April 25th. With no other business, the meeting adjourned at 5:50 P.M. y3