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HomeMy WebLinkAbout1984-09-24 Minutes• • • MINUTES OF THE MEETING OF THE FAYETTEVILLE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held Monday, September 24, 1984 at 5:00 P.M. in the Board of Directors Room of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Newton Hailey Jr., Sue Madison, Stan Green, Ernie Jacks, Barbara Crook, Fred Hanna and Joe Tarvin MEMBERS ABSENT: OTHERS PRESENT: Melanie Stockdell and Dr. David Williams Larry Wood, Sam Mathias, E.L. Haines, Bob Hall, Pat Watkins, David Crittenden, C.H. Miller, Bonnie Cook, George Faucette Jr., Bobbie Jones, Paula Brandeis, members of the press and others The regularly scheduled meeting of the Planning Commission was called to order at 5:10 P.M. by Chairman, Newton Hailey Jr. MINUTES The first item on the agenda was the approval of the minutes of the September 10th meeting. Madison made corrections as follows: on Page 6, paragraph 2 it should read "...do not increase the City's network of streets..." not "..net worth of streets..." as printed. With this correction, the minutes were approved. ANNOUNCEMENTS Chairman Hailey announced that Item 114, the Public Hearing continued from August 13, 1984 (committee report on a study of regulations for streets within a large scale development) was not ready to be presented and upon a motion from Crook and a second from Jacks, the Commission voted unanimously to continue said Public Hearing again. Hailey then announced that Item 115, a Large Scale Development proposed by L. A. Brush Mfg. Co. was reviewed at a meeting of the Subdivision Committee on Friday, September 21 and, because there were no requests for waivers, there was no action necessary by the Planning Commission. Halley said that a letter has been received requesting that the Planning Commission table Item 116 on the agenda; Large Scale Development plan and Conditional Use request by Oakshire Apartments. Crook moved to table; seconded by Hanna, the motion passed 7-0-0-. )90 • • • Planning Commission September 24, 1984 Page 2 PUBLIC HEARING ON REZONING PETITION 84-13; SAM MATHIAS 10.14 ACRES LOCATED 1900 BLOCK OLD WIRE RD The second item on the agenda was a Public Hearing on Rezoning Petition R84-13 by Sam Mathias for property located in the 1900 block of Old Wire Rd. Requested is a change from R-1 to A-1 in order to expand the existing neighboring cemetery. Larry Wood, Planning Consultant, began his report by explaining that there was an error in the written Planning Report that was included in the Commissioners packet. Under Zoning Pattern it should have indicated that there is an exception to R-1 property surrounding the petitioners parcel; the existing Fairview Cemetery; zoned A-1. Wood said he recommends this rezoning for the purpose of expanding the existing cemetery because it would present less of an impact to the surrounding area than that which single-family development would present. He also cautioned the Commission that A-1 District does allow other uses which could have a detrimental impact on the surrounding neighborhood such as duplexes (2 acres per unit are required); veterinary hospital; curing and selling of meat products and; mobile homes. Chairman Hailey opened the Public Hearing and the petitioner, Sam Mathias, said that he is representing the Cemetery Association for the single purpose of re -zoning and purchasing additional land. Pat Watkins, 1417 Elmwood, said that he lives directly behind the subject parcel and he felt that the requested use was more acceptable to him than high density housing. He said he would like to have a Bill of Assurance go with the approval which would state that the land would be developed only as a cemetery. Jones, Planning Administrator, read a memo from Terry Taylor, Planning Secretary, explaining that about 50% of the callers interested in this re -zoning are opposed to it because they fear it will reduce their property values, and 50% do not mind the land being used as a cemetery but are concerned that it not be used as anything else. E. L. Haines, 1921 Old Wire Rd., stated that he lives about 50 yards away from the proposed re -zoning and that he was very much opposed to its being used as anything but housing. Bob Hall, 1830 N. Old Wire Rd. said he lives directly west of the existing cemetery, and although there is open land between his property and the cemetery, he expressed his concern that if this parcel were rezoned, the open piece will eventually be rezoned as well. He said he was opposed to this re -zoning particularly with regards to the possible increase in traffic. 14/ • • • Planning Commission September 24, 1984 Page 3 Mrs. George Cole, 2121 Old Wire Rd., a resident living directly across the street from the proposed re -zoning, stated that she was not notified of this hearing until a neighbor told her of it on Sunday the 23rd. She said she and her husband were very much opposed to the expansion of the cemetery and added that she had heard a rumor that the owner of this parcel would construct a funeral parlor on the site. Chairman Hailey said that the current owner of this property is Forrest Lawn and he added that an A-1 zoning would prohibit a funeral parlor from being built at this location. David Crittenden, 1408 Elmwood, stated that he was not opposed to the expansion of the cemetery, but he was opposed to blanket rezoning and said he sympathized with the neighbors of this property. Mrs. Bonnie Cook, 2302 Mockingbird Lane, said she was opposed to the rezoning for use as a cemetery because she felt it would lower her property value. She added that she had not received a notice of this hearing and Jones informed the audience that notices are sent as a consideration and are not required by City law or State Statute. Jones said that the Planning Office depends on the petitioner to supply the mailing addresses of surrounding property owners. C. H. Miller, 1407 Elmwood, said he was not opposed to the rezoning as long as there was a Bill of Assurance as suggested by Mr. Watkins. He said he also felt there should not be an access to Old Wire Rd. so as to keep the (already heavy) traffic from increasing in this area. Mrs. Marie Warren, 1931 Old Wire Road, said that she was opposed to the rezoning and that she, also, had not been notified of this hearing. Watkins commented that he thought there would be a problem with extending sewer in this area if a residential development were built here. He said he thought there were alternatives to a cemetery being created here that would be very much more detrimental. Haines expressed his concern that, even if a Bill of Assurance were taken excluding any use but a cemetery, the Bill of Assurance could be changed at some future date through court action. Crook inquired if an easement exists on the south boundary and was informed that there is a private drive at that location. Mrs. Cole wished to know if there was a restrictive law precluding any additional access from Old Wire Road and was informed that there is not. Commissioner Green advised that the 10.14 acres in question would allow for the developing of 28 single-family homes which would greatly intensify the traffic impact in this area and he added that a Bill 142 • • • Planning Commission September 24, 1984 Page 4 of Assurance is a very binding legal document that may be changed only by the City Board of Directors, who, in this Commissioners experience takes these documents very seriously. Mathias replied that he was willing to execute a Bill of Assurance restricting the use of the land to cemetery only, without access to Old Wire Rd. Mrs. Cook repeated that she felt a cemetery would lower the property value of her home and Commissioner Crook replied that she was not convinced that it would. Another citizen said that W. E. Hatfield, a realtor, has informed him that a cemetery would definitely lower property values. The Public Hearing was closed and Tarvin said he was opposed to this rezoning because he felt a responsibility to look after the interests of the residents and he wanted to respond to the comments heard tonight indicating that it would not be in the best interest of the neighborhood. Madison said she was opposed to this rezoning because the property could be used as a better tax base were it developed residentially and Jacks said he was in agreement with Tarvin. Green commented that the immediately adjoining residents (most impacted were those who were the least opposed and partially because of this reason, he was in favor of the rezoning. He reiterated that a cemetery was a less damaging impact than many other uses that were possible. Crook said if this parcel were developed as "residential", a road would need to be built into it to serve at least 28 homes and she said she agreed with Green with regards to two of the three residents bordering the property being unopposed to the cemetery plan. MOTION Green moved to recommend approval of this rezoning petition subject to a Bill of Assurance stating that the use be restricted to a cemetery with no funeral home type buildings and no access unto Old Wire Road. Crook seconded and Hailey explained that, if approved, the recommendation would go before the City Board for their approval and, if denied, it could be appealed same. Upon roll call, the motion to recommend rezoning of this parcel failed to pass 4-3-0, an affirmative vote of at least five Commissioners being necessary for passage. Mr. Watkins wished to add that he had spoken with a neighbor directly to the east of his property who also had no objections and Mr. Haynes commented that the sign on this property announcing this hearing had not been visible and had, in fact, been laying in the mud. 113 • • • Planning Commission September 24, 1984 Page 5 PUBLIC HEARING REZONING PETITION R84-14 FOR GEORGE FAUCETTE JR. LOCATED SOUTH OF HWY. 45 ON CROSSOVER RD The third item on the agenda was a Public Hearing on rezoning petition R84-14 for George Faucette Jr. for property located south of Highway 45 on Crossover Road. Requested is a change from C-1 to C-2. Larry Wood, Planning Consultant, said he recommended the zoning change for the following reasons: 1. C-2 District exists to the north and under application; 2. The requested C-2 District does not the C-2 District to the east; 3. There remains a C-1 transition zone line of the C-2 District; 4. The property fronts on a State Highway 5. The public facilities and services development of the property. east of the property exceed the limits of on the south property ; and are available for the Chairman Hailey opened the Public Hearing and Faucette said he felt there was a need for smaller parcels of C-2 in this area and he was open to answering questions. The Public Hearing was closed and Jacks said he thought C-1 was probably a more desirable zoning but he was not totally opposed to C-2. Jones advised that C-2 zoning allows for the retail sales of clothing and other items not allowed in C-1 as well as automotive repair. In answer to Madison's question of whether or not billboards were allowed in C-2 Districts, Jones said the Sign Ordinance would take precedence. Madison said she had no objections to the rezoning. MOTION Hanna made a motion to recommend approval of this petition seconded by Madison. Upon roll call, the motion to recommend approval passed 7-0-0. WAIVER OF MINIMUM LOT SIZE GEORGE FAUCETTE JR. FOR PROPERTY LOCATED SOUTH OF HWY. 45 ON CROSSOVER RD The seventh item on the agenda was a request for waiver of the minimum lot size (lot split) for George Faucette Jr., for property located south of Hwy. 45 on Crossover Rd. The minimum size for first lot split is 3 acres in one parcel and 5 acres in the remaining parcel. The resulting lot sizes in this case will be 1.5, 1.75 & 1.75 acres. 19'1 • • • Planning Commission September 24, 1984 Page 6 Faucette stated that the resulting lots would be quite large in relation to commercial lots and he did not anticipate there being very many retail spaces available or traffic problems at this location. Hailey mentioned that a special arrangement property and Faucette from Ervan Wimberley, sewer service for this MOTION Planning Consultant, Wood, has indicated that for sewer service will need to be made for this replied that he was in possession of a letter Northwest Engineers, explaining the proposed area. Jacks moved approval with the stipulation that there be no waivers of any City Ordinances involved. Hanna seconded and the motion to approve the lot split passed 7-0-0. REQUEST FOR WAIVER OF DRIVEWAY SAFETY ZONE - RIETHETH LEE LOCATED ON BOONE ST. LOTS 24, 25 6.262 BLR 4 The eighth item on the agenda was a request for a waiver of the driveway safety zone for Kietheth Lee. Property is located on Boone Street, Lots 24, 25 6 26 or Block 4 and zoned R-2. Jones stated that a house was relocated onto this property and the request is to waive the requirement that there be 25 ft. between driveways. MOTION Jacks moved approval. Seconded by Hanna, the motion to approve the request for waiver of the driveway safety zone passed 7-0-0. REQUEST BY BOARD OF DIRECTORS FOR STUDY OF AREA BOUNDED BY FULBRIGHT EXPRESSWAY AND HWY. 62 Item nine on the agenda was a request made by the Board of Directors to conduct a study of the area bounded generally by the Fulbright Expressway on the east and Highway 62 on the south to determine if the General Land Use Plan should be revised. Chairman Hailey appointed a committee consisting of Ernie Jacks, Barbara Crook and Joe Tarvin to conduct said study with Jacks serving as Chairman. MOTION Jacks moved adjournment; seconded by Hanna the meeting adjourned at 6:10 P.M. l9s