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MINUTES OF THE PLANNING COMMISSION MEETING
A meeting of the Planning Commission was held at 5:00 P.M. on Monday,
December 12, 1983 in Room 107 of the Continuing Education Center, Fayetteville,
Arkansas
Members Present:
Members Absent:
Others Present:
Morton Gitelman, Don Hunnicutt, Newton Hailey, Jr., Melanie
Stockdell, and Ernest Jacks.
Windell Cullers, Barbara Crook, David Williams $ Julie
Nash.
B. W. Graue, LaVerneCooper, Tom McMillan and Lyndon Holmes,
and Philip J. Warford.
Chairman Newton Hailey called the meeting to order.
The first item of business on the Agenda MINUTES
was the approval of the minutes of the Planning
Commission meeting of November 28, 1983. There were three corrections to read
as follows; on Page One, Number 2 of Motion made by Barbara Crook should read,
"Waiver of the 10% landscaping requirement between street and parking for the
east/west access road. Number 5 should add;,. Two north/south easements as requested
by the utility companies, running perpendicular along the access road and the
utility easements along 71 on the west side of the airport. On page four, the
sentence should read "Crook stated that her vote against the Houston rezoning of
the interior portions across the road in the past dealt mostly with the fact that
it was an interior area difficult to access and had a drainage problem. The
minutes were otherwise approved as mailed.
The second item of business was the PROPOSED AMENDMENTS TO THE
Proposed Amendments to the Planning PLANNING COMMISSION BYLAWS
Commission Bylaws. Chairman Hailey advised
these had been on and off of the agenda for six months to a year. He advised the
Planning Commission had received proposed copies from the committee's report two
meetings ago with a short note from Chairman Hailey. He stated the intent of
the changes would take five positive votes to carry.items ascfollows: a. Zoning
changes; b. Amendments or changes to the Master Plan; c. All conditional uses.
Part two of this amendment states that a simple majority of those present (assuming
a quorum, of course), would be needed to grant rehearings and adoption of any
other motion not covered under No. 1. Chairman Hailey asked if there were any
questions and advised it would take affirmative votes of all five present to
amend the Bylaws.
Morton Gitelman moved for approval of the Amendments MOTION
to the Bylaws. Motion seconded by Ernest Jacks. Motion
passed 5-0. Chairman Hailey requested the Planning Office prepare an updated
set of Bylaws and distribute copies.
The third item on the Agenda was a
public hearing on Rezoning Petition R83-22,
B. W. Graue, to rezone property located
at 4041 Wedington Drive, from A-1, Agricultural
District, to R-0, Residential -Office District.
REZONING PETITION R83-22
B. W. GRAUE
4041 Wedington Drive
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PLANNING COMMISSION
PAGE TWO
DECEMBER 12, 1983
Larry Wood, Planning Consultant made the following recommendations:
Mr. Wood stated he did not recommend the change to R-0 for the
following:
1) R -p District is in conflict with the medium density residential
pattern established in the amendment to the general plan.
2) The City of Fayetteville is currently studying ways of providing
sewerage facilities to the area, and any zoning districts that
allow intense use of the property should be delayed at this point, and;
3) With the number of non -conforming uses that there are in that
general area, any deviation from the Plan at this point could
establish a precedent for strip development along Highway 16 West.
Chairman Hailey requested knowledge of the conflict with the medium density and
wanted to know if thi3 was the plan which was adopted at the public hearing held
at Ozark Electric that the Engineers had to work from. Wood advised that this
was Alternate 1. The public hearing was opened.
B. W. Graue, Property Owner, stated he wanted this property, which he thought
was adjoining with R-0, to conform with what has already been approved. Mr. Graue
stated that when they were in the county, they had a Real Estate Office and
also an Antique Shop there at one time. He stated that the garage was built
for an office and is still active as such. Chairman Hailey asked if the adjacent
property is currently zoned R-0. Mr. Graue stated he thought it was zoned R-0
all the way to Ruple Road. Wood clarified that it was recommended in the plan
for R-0, but has not yet been rezoned from A-1. Jacks questioned the fact that this
property was recommended for R-0 in the General Land Use Plan. Wood stated R-0 was
recommended on either side of Ruple Road. Graue reiterated that he would just like
to conform with what was going to be there in the future, plus get better use of
the property. Jacks asked about the concern which Mr. Wood had in regard to
strip developing.alpng.Highway 16. Wood stated that he was also concerned with,
the sewer study going on as we would be jumping S00 feet west of Ruple Road and
establishing an R-0 district. Jacks also questioned if the Graue property was
contiguous with the recommended R-0 District. Wood advised it was. There was no
one present to speak in opposition to the rezoning and therefore, the public
hearing was closed and matter was returned to the Planning Commission.
Ernest Jacks moved to recommend approval of the MOTION
rezoning, but did state that the stripping of
Highway 16 is of major concern and he doesn't wish to project the thought that
the Planning Commission wishes this area to grow to the west, but this is so near
what the Land Use Plan says, that Jacks recommends approval. Motion seconded by
Don Hunnicutt Jacks also wished to clarify that the reason for his recommendation
was that this had already been an office. Motion denied 2-3 with Don Hunnicutt
and Ernest Jacks voting in the minority.
The fourth item on the agenda was the
Rezoning Petition R83-23, LaVerne Cooper
REZONING PETITION R83-23
1693 Morningside Drive
LaVerne Cooper
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PLANNING COMMISSION
PAGE THREE
DECEMBER 12, 1983
to rezone property located at 1693 Morningside Drive from R-2, Medium
Density Residential to A-1, Agricultural District.
Larry Wood, Planning Consultant gave his recommendations in this matter as
follows:
A-1 District is not recommended for the following reasons:
1) The General Plan recommends industrial as the future land use; and
2) With industrial as the future land use conflicting uses such
as residential should be discouraged from developing in that
area.
Hailey clarified stating that the petitioner wants to build a house and would
like to put a mobile home there during the construction phase which is impossible
in the R-2 Zone. The public hearing was opened. Mrs. Cooper stated that her
brother would probably drop the idea of putting a mobile home there since there
is objection to it, but does still plan to build the home. She stated her mother
lives there and needed someone there close to her as this is an isolated area.
Mrs. Cooper stated that until she started checking into the possibility of putting
a mobile home on this property, the petitioners thought it was zoned A-1. She
stated the zoning was changed without the owner'sknowledge. She stated that
regardless of whether they put the mobile home there or not, they would like
the property changed to A-1. Cooper stated there was no plan to sell this property.
.There was no one present to speak against the rezoning, however, Bobbie Jones
advised there was a phone call from Juanita Lovelace, daughter of Otis Parker,
deceased, who objected to the rezoning based on the fact that she felt their
property value would be decreased. This was a long distance phone call from
St. Louis. Cooper stated this property was rezoned without the knowledge of the
owners.
Melanie Stockdell made a motion to recommend MOTION
rezoning of the property from R-2 to A-1. Motion
seconded by Morton Gitelman. Jacks asked if this was A-1, then could a mobile
home park be placed there. Bobbie Jones advised this would allow only a single
mobile home. A trailer park would not be allowed. Jones stated that the only
districts which allow a mobile home park are R-2 and R-3, and that is a conditional
use requiring Planning Commission approval in those zones. Gitelman stated it
was his feeling that there was less liklihood of intense residential development
in an A-1 and it is more consistent with the plan than is R-2. Motion passed
5-0.
The fifth item on the agenda was the Large LARGE SCALE DEVELOPMENT
Scale Development plan for Ozark Forest OZARK FOREST PRODUCTS
Products, located at 833 Beechwood Avenue. 833 Beechwood Ave.
Property is zoned I-1, Heavy Commercial and
Light Industrial. Chairman Hailey advised this was heard by the Subdivision
Committee on 12/9/83 and requested recommendation from Don Hunnicutt. Hunnicutt
moved that the Planning Commission approve the Large Scale Development as
recommended by the Subdivision Committee as follows:.1) Bill of Assurance
being provided for the sidewalks along Highway 62 to be built on the call of the
City; 2) Bill of Assurance for improvements on Beechwood, with Ozark Forest
Products assuming their proportionate share of the cost of the improvement along
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PLANNING COMMISSION
PAGE FOUR
DECEMBER 12, 1983
that street, also to be constructed upon the call of the City; and 3) that
vegetation be provided in lieu of screening along Highway 62 returning south-
ward to the north right-of-way for the SPUR and again along Beechwood south
of the existing development at Ozark Forest Products. The type of vegetation
was to be determined by the Planning Commission; 4) This recommendation was to
be subject to other Plat Review Comments.
Hunnicutt wished to state also that the Subdivision Committee would recommend
Seedling Pines in lieu of screening. Jacks asked about the spacing of planting
and requested that the motion be amended to read that the vegetation should be
placed at 6' centers. Motion seconded by Ernest Jacks as.. amended. Motion passed
5-0.
The sixth item on the agenda was the ,._LOT,SPLIT
request for a waiver of the minimum lot size PHILLIP J. F, JOYCE S. WARFORD
applicable to lot split, for Philip J. 5277 East Huntsville
& Joyce S. Warford, for property located
at 5277 East Huntsville Road. Chairman Hailey stated that in discussion with
Bobbie Jones, Jones advised that the Warford Property would meet the minimum
area and frontage for this R-1 zoning. Jacks asked about the area east of the
front house for the rear lot and expressed concern of the possibility of this
being set up for a tandem lot. Warford advised that the reason this was divided
in this fashion is because the property has two houses with the best house being
in the front. Therefore, the property was divided in a fashion that the property
going with the front house would be the best and left the remainder in the horse-
shoe shape. Jacks made a motion to approve the lot split as stated. MOTION
Motion seconded by Melanie Stockdell. Motion passed 5-0.
The "seventh item on the agenda was the request
from the City Board of Directors to the
Planning Commission to prepare and submit
to the Board of Directors, an amendment
to the Fayetteville Parks Plan so as to comply
with the decision of the Arkansas Supreme..Court in City of Fayetteville v. IBI, Inc.
Jones advised that a resolution was passed November 1S, but nothing has been re-
ceived from the Parks & Recreation Board as yet. Jacks stated that the matter
should be brought to the full Commission, and he did not see why it should be
sent to the Update Committee.
REQUEST FROM THE CITY BOARD OF
DIRECTORS TO THE PLANNING
COMMISSION --AMENDMENT TO THE
PARKS PLAN
The eighth item on the agenda was discussion 1984 MEETING DATES.
of the 1984 meeting dates which conflict with ..
holidays. Chairman Hailey moved that the May MOTION
and November regularly scheduled meetings, i.e.
meeting of May 28, 1984 be moved to Tuesday, May 29, 1984 and that the
November 12th meeting be moved to Tuesday, November 13, 1984 stating this would
not conflict with any other meetings. Chairman Hailey also recommended that
the meeting of Christmas Eve, 1984 be cancelled. Motion was seconded by Ernest
Jacks. Motion passed 5-0.
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PLANNING COMMISSION
PAGE FIVE
DECEMBER 12, 1983
The final item of business was a Waiver of the OTHER BUSINESS
Driveway Safety Zone at 1502 E. Stewart
Street which was accepted as a late item due to the fact that Mr. Whitfield
would hot be able to get a building permit for an extended period of time if the
matter were not heard Chairman Hailey advised that Clayton Powell had inspected
the area and the sketch which has been submitted, and it is Powell's opinion that
this is the most feasible way the driveway can be done and is in full favor
of this waiver. Jacks questioned exactly where the driveway was, i.e., driveway
being brought out in the curve? Jones advised this is 65' from the pavement, and
that Clayton Powell recommended approval of this driveway due to the fact that it
was the most feasible location.
Morton Gitelman made a motion to approve MOTION
the waiver of the driveway safety zone from street intersection. Motion
was seconded by Melanie Stockdell. Motion passed 5-0.
Chairman Hailey wished to express a formal appreciation to Don Hunnicutt,
Julie Nash and Windell Cullers for their service on the Commission, with
encouragement for them to re -submit to serve on the Planning Commission.
Hunnicutt advised he would like to take a leave, but may be interested in serving
again in a year or two.
Meeting adjourned at 5:43 p.m.
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