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HomeMy WebLinkAbout1985-01-28 Minutes• • • MINUTES OF THE MEETING OF THE FAYETTEVILLE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission vas held on Monday, January 28, 1985 at 5:10 P.M. in the Board of Director's Room of the City Administration Building, 113 W. Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT:Melanie Stockdell, Ernie Jacks, Barbara Crook, Fred Hanna, Sue Madison, Joe Tarvin and Trey Trumbo MEMBERS ABSENT: Newton Hailey Jr. and Stan Green OTHERS PRESENT: Planning Consultant Wood, Hugh Kincaid, Suzi Morton, Mrs. Baerg-King, Thomas Bradford, Bob Brandon, Jim Lindsey, Bobbie Jones, Paula Brandeis, members and others John Squires, Burke, Eddie Wade Bishop, of the press The regularly scheduled meeting of the Planning Commission was called to order by Vice -Chair Melanie Stockdell and the minutes of the January 14 meeting were considered. MINUTES There being no additions or corrections, the minutes were approved as distributed. DISCUSSION ON WASHINGTON REGIONAL MEDICAL CENTER The second item on the agenda was a discussion on the acquisition of property south of North Street by Washington Regional Medical Center, led by Commissioner Jacks. Jacks said that, over the years, the Planning Commission has been rather staunch in their denial of rezoning land in the vicinity of WRMC with the exception of a parking lot that was supposed to have exisedt during the temporary construction. He said when the construction was finished and WRMC was asked to remove the parking lot, the Commission received notice that said lot would not be removed, showing what Jacks considered a good show of bad faith. Jacks said that, although it has always been assumed that the next level of government does not have to conform to City zoning regulations, a recent letter from the City Attorney states that this may not be the case. 23 • • • Planning Commission January 28, 1985 Page 2 Jacks said that he believes WRMC has been given land at the corner of Woolsey and North and have also purchased Judge Jameson's property just south of that between Park and Woolsey. He said he has spoken with a member of the Hospital Board and has been told that there are no immediate plans for the recent acquisition although an office building is being considered for sometime in the future. Jacks stated that he was open to further discussion and wished to end with some resolution regarding this issue. Jacks read from City Attorney McCord's letter at Madison's request: "..it may be that the Arkansas Supreme Court would uphold the applica- bility of municipal zoning regulations to a county hospital. The issue, however, remains unanswered under Arkansas law." Crook noted that McCord had also cited a case in Michigan where the city's zoning laws have been held applicable to a county hospital located within the city. Stockdell said she had researched App.0 Sec.19(27)(a) which discusses territorial jurisdiction of the Planning Commission and Crook noted that it explains that the Commission does not have power outside City limits but does not include what power it does have within the City. Attorney Hugh Kincaid, 207 W. Center, stated that he was representing several petitioners. He said he had reviewed the City Attorney's opinion and, while doing parallel research, has discovered a substantial number of cases that are following a new trend which is more sensitive to land use concerns than some earlier cases. He cited the Gaynor case noted in McCord's opinion and the Brown vs. Kansas Forestry Commission case in Kansas where the result was that "...a State agency is not automatically immune from local zoning and land use regulations just because they are a higher state agency..." Kincaid advised that these recent cases are saying that some balance is necessary in these concerns. He said that in this case, where WRMC is going into the community to purchase property, and determination of the Planning Commission and the Board of Directors is to retain the neighborhood as residential, note needs to be taken of the history involved. Kincaid said that his petitioners are hopeful that the Commission and the Board will put the hospital on notice 1. that expansion into this residential neighborhood is opposed by the two City bodies and, 2. that the zoning law exists and will be enforced. Kincaid said that the neighborhood in question is one of the most beautiful and stable in the City and has remained that way through the investments of the residents despite the fact that it had been said the area was changing 20 years ago. He said that North Street and Woolsey have served as buffers for this neighborhood, and would effect the quality of life should it begin to deteriorate from encroah- ment by hospital facilities, detracting from the value of property. 2q Planning Commission January 28, 1985 Page 3 John Squires, 922 Park, said that he is concerned about the character of the neighborhood. He said he has seen an increase in traffic that begins at the hospital. He urged the Commission to let the hospital know that they are concerned, and are opposed to the encroachment of the hospital into the neighborhood and take action to remove the parking facility that has already made an encroachment. Suzi Morton, 806 Park, representing the residents and home owners in the Wilson Park area, stated that she had petitions signed by 111 immediate residents and 118 additional signatures of concerned citizens in others areas. She said that she would like the park area to stay the way it is. Mrs. Baerg-King, 1010 Park, said that she has been a resident of this area for some time and that it breaks her heart to think of things changing. Bo Morton, said that in addition to the concern for property owners in the area and the values that may depreciate, he thought the Commission must consider what message is given to the rest of the town if the hospital is able to override the ordinances of the City. Thomas Burke, 201 N. East Street, stated that he is the legal council for WRMC and said he felt he was at a disadvantage because he had only become aware of this meeting yesterday. He requested that no action be taken until he could prepare a case. Eddie Bradford, Assistant Administrator of WRMC 1125 N. College, said that WRMC would like to take the position that they are intending to be nothing but good neighbors. He said that the land they have acquired has been given to them for which they have no plans at this time. Bradford stated that WRMC has no indication for expansion because of the fact that the hospital is in a decrease census and are converting in-house facilities to out-patient facilities. He said WRMC's orientation is to use what facilities they presently have to the maximum extent. He said the office building that is planned was never intended to be built on the Woolsey or Jameson property, but on the west end of the hospital (original building). Bradford said that the rumor that WRMC will add a helicopter station is totally incorrect but that the VA Hospital will do so with a road extending to WRMC's fence. He noted that by the year 2000, there will be a tremendous advance on the aged population and added that WRMC is landlocked on the VA Hospital side. Bob Brandon, 649 Wilson, stated that the residents in his neighborhood would like to voice their opposition to WRMC acquisition of land. In addition, he requested time to speak at the end of this meeting regarding ordinances pertaining to traffic problems in the area. 93 • • • Planning Commission January 28, 1985 Page 4 Kincaid said that taking some of the recent above mentioned cases into consideration, he felt there was a good chance that the Arkansas Supreme Court would hold that the County Hospital is subject to municipal zoning requirements and that the Commission is within its perogatives to request that WRMC discontinue any movement in the direction south of North Street and/or west of Woolsey. MOTION Jacks proposed 'a resolution to the Quorum Court (with copies sent to the Board and the County Judge) stating that this Commission is very concerned and disturbed about WRMC land acquisition south of North Street and west of Woolsey, and looks forward to a show of good faith on the County's part in conforming to the City's zoning ordinances. Hanna seconded followed by discussion. Crook expressed her concern that the above resolution was not worded strongly enough and that the City should state that the ordinances will be enforced. The motion to propose a resolution passed unanimously. MOTION Crook proposed a resolution to the Board of Directors expressing the feeling of the Planning Commission that City zoning ordinances should, if at all possible, be enforced within the City boundaries; the City has ordinances which should apply and the Commission wants them enforced. Hanna seconded followed by discussion. Kincaid said that the new trend is to address the fact that both County and City derive their power that they are exercising from the State and in passing ordinances, the City is exercising a sovereign power delegated specifically to them. The motion to pass a resolution to the Board passed 7-0-0. A member of the audience requested that the Commission invite the Hospital Board to present their case at a future date in order to receive the public discussion he felt it warrants. Jacks invited Mr. Burke to notify the Commission at such as he was prepared for further discussion of this matter. 26 • • • Planning Commission January 28, 1985 Page 5 PUBLIC HEARING/REZONING PETITION R85-3 A.W. REALTY COMPANY, JOYCE ST. & OLD MISSOURI The third item on the agenda was a public hearing on rezoning petition R85-3 by A. W. Realty Company for property located on Joyce Street west of Old Missouri Road and represented by Jim Lindsey. Property is zoned R-2 and the request is for R-0. At Stockdell's request, consultant Wood gave the his recommendation for this appeal. He said R-0 District is recommended for the following reasons: 1The two tracts are an extension of an existing R-0 District zoning pattern to the west/north; 2There is a R-2 District transition retained on the tract north of Joyce Street and the Butterfield Trail project now under construc- tion should provide a transition for the south side of Joyce Street; 30ffice development should not produce an increase in anticipated traffic volumes over R-2 District Development; and, 4The public facilities and services are available to support the proposed development. Lindsey stated that he was representing the Gas Company who had submitted a rezoning appeal in advance of Joyce Street improvements. He said that Joyce Street is a four -lane road which the gas company has partic- ipated in building and as the area develops it appears that R-0 would be an acceptable usage. He explained that there is a group of doctors who wish to build an office condo with a drug store at this location across from Butterfield Trail Village. Lindsey said he recognizes that there is a great deal of R-2 land that is not developed and that even if this parcel is rezoned to R-0, much R-2 undeveloped land will remain. Madison asked if Lindsey would care to change the boundaries of this rezoning if it was clear that the proposed collector street would abut his development. Wood said that he has reviewed the proposed collector street and by drawing a straight line south, it appears that it falls a few hundred feet west of this property. He said the nature of the street is such that the Commission can determine its location at any given point of the development process. Jones said that the street is drawn to the west of Park Lake Apartments which appears to have the same west boundary line as this larger R-2 tract. 2'T • • • Planning Commission January 28, 1985 Page 6 Wood said that if the Commission chooses not to select the location of the street at this time, they would be putting the gas company on notice that said road will be on the property to the west. Tarvin said it would be difficult to made this decision on the spur of the moment. Crook said the time to make this type of decision is when the Subdivision Committee is checking large scale development plans. Jones indicated that she did not know if the street to the south of Joyce (Ellenberger) has been dedicated and that it was in line with the west edge of the requested rezoning north of Joyce. She said there is a strip of land about 90 ft. wide between the smaller of the tracts in this request and the description of Butterfield Trail. Lindsey asked Wood if it was acceptable for the proposed street to abut the west boundary of his parcel and Wood replied that it was. Madison said if the proposed street is going to be close to Ellenberger that it should line up with it. Lindsey said he was willing to approach the gas company at this time and have the appropriate dedication for the street made so as to get things settled. He said he has an agreement to buy the property based on the rezoning results. Madison suggested that Lindsey's clients may want to have some say in this matter. Lindsey replied that once the road placement is voted on, he can approach the gas company to see what their exact position is before going to the Board for approval on the rezoning. Crook said her decision would be based in part on where Ellenberger is so that there will not be an offset occurring with the new road. Lindsey assured the Commission that he would dedicate the appropriate right-of-way if the road were to abut his property and that if it didn't abut, he felt it needed to be aligned in such a way so that the gas company didn't wind up with a strip too narrow to develop. Crook asked why no one knows where Ellenberger is and Jones replied that it has been on the plat book as look as she has been employed with the City but she has never seen any official dedication. She said when Butterfield Trail Village was being worked on, she was told that a record of Ellenberger could not be found which does not mean that there is no dedication. Jones added that she didn't know if there were anything in the rough on the ground. Crook inquired as to who the owner of the land between Ellenberger and Butterfield Trail is and Jones replied that she didn't know. Madison said she had no, objections to the rezoning but Crook said that she did and added that the proposed road needs to be developed. 22 • • • Planning Commission January 28, 1985 Page 7 MOTION Crook made a motion that there shall be a north -south road extending from Zion Road to Joyce Street which would line up as well as possible with Ellenberger to the south of Joyce and the west boundary of the apartment complex on Zion Road (Park Lake Apartments). Jones alerted Crook to the fact that there is an existing transformer station on the northwest corner of the apartment complex. Tarvin asked if the apartment complex had been required to dedicate right-of-way and Jones replied that the apartments were built before the street was added to the Master Street Plan. Madison seconded the motion followed by further discussion. Jacks noted that it appears this street would tie in with the proposed extension of Milsap and further south, Summerhill. Bryan Wimberly, Northwest Engineers replied that there is a high bluff that would prohibit this connection. The motion to approve of the north -south road location passed 6-0-1, Tarvin abstaining. As there were no other comments either pro or con, Stockdell closed the public hearing to Commission discussion. Crook expressed her concern with extending the R-0 this far east as there is much R-0 land in the area that is as yet undeveloped. She said that the existing R-0 is mostly at one -mile intervals which is a good planning principal. Crook said that there is nice residential development between the R-0 Districts (on Old Wire Rd.) and she thought it might be getting squeezed by adding more R-0. She said she would feel more pressure to grant the R-0 if there were not already some in the area although she did not mind the piece south of Joyce being R-0. She added that it seems R-0 has been established as a buffer between the R-2 Districts and the Commercial area. Crook noted that other areas have kept to the one -mile limit for office districts and as a result, residential development has occurred in between. Jacks said he had no problem with Tract A (south of Joyce) or the drug store possibility (requested is C-1) but he advised that there is R-2 to the north and Butterfield Village (R-2 use) to the south and he sees the north/south line along the "no -name" street as being a pretty strong pattern going in the direction of He said he would much rather see the R-0 develop Jacks added that if subject parcel were rezoned, be called on to rezone more the same way. the present zoning. west of that line. Commissioners could • • • Planning Commission January 28, 1985 Page 8 Madison said that Butterfield Trail Village smacks of a commercial aura and that a doctors office complex would be a better use across from it than R-2 District. Lindsey said he agrees with Wood in his approach to the rezoning request and pointed out that there has been no opposition to his request. He noted that there is a buffer zone of 330 ft. left as well as a buffer on the other side of Old Missouri. Lindsey said it appears that it appears that in some degree, a line needs to be arbitrarily drawn, and as long as everyone is buffered and protected that the propounderance of good will should go in the direction of the land owner. Crook advised that once this is rezoned R-0, there would not be any grounds for denial in a petition to rezone the area east of this to Old Missouri Road. Lindsey replied that the golf course is one-half mile away and the area of condominiums is 3/4 mile back towards Old Missouri so that on the south side there is more than one mile between R-0 Districts and on the north, there is 330 ft. lacking from being one mile separation. In answer to Madison's question, Lindsey said that approximately 660 ft. of the property in question would remain to the east of the planned large scale development, or 10 acres in addition to the office complex. Madison asked for clarification on requirements for re -applying for rezoning if this request was turned down. Jones said the petition to rezone could be amended to a smaller portion or a lesser use. MOTION Crook moved to recommend approval of Tract A, Madison seconded and upon roll call, the motion to recommend approval passed 7-0-0. MOTION Hanna moved to recommend approval of Tract B. Tarvin seconded followed by discussion. Jones advised that if this motion failed, Lindsey may appeal in writing to the City Board within 15 days. If the Board does not approve it, he may not bring in the same request for 12 months beginning from the day of the denial. She added that he could bring back an appeal with changes in the circumstances or a new consideration. Lindsey noted that there are a total of 15 acres in Tract B and he noted that there is property near Highway 265 and Zion Road that violates the one mile principal of zoning. He said he didn't feel it was fair to compare the two areas, looking at one in a positive fashion and the other in a negative fashion. 30 • Planning Commission January 28, 1985 Page 9 Hanna and Madison felt that ten acres in addition to the LSD was a bit excessive and Lindsey requested rezoning only the area included in the proposed LSD. AMENDMENT TO MOTION Hanna amended his motion to apply to only the area (approximately 5 acres) 660 ft. X 360 ft. for which there is a large scale development plan submitted, leaving the remainder as it is, R-2. Tarvin accepted the amendment. Crook clarified that this would include the full depth of the west 360 ft. of the proposed rezoning. Upon roll call, the motion to recommend approval of 360 X 660 ft. of the submitted parcel failed to pass by a vote of 4-3-0, Stockdell, Crook and Jacks voting "nay" and a possitive vote of five Commissioners being necessary for the passing of a rezoning petition. Tarvin advised that Lindsey may have good grounds for appeal to the City Board because there was not a full Commission in attendance tonight. PUBLIC HEARING/REZONING APPEAL R85-4 • A.W. REALTY CO., JOYCE ST. & OLD MISSOURI • The fourth item on the agenda was a public hearing on a rezoning appeal for .43 acres of land on the north side of Joyce Street represented by Jim Lindsey for A. W. Realty. Zoned R-2; requested is C-1. MOTION Crook moved to table. The motion was seconded and passed unanimously. REQUEST FOR LOT SPLIT REGENCY NORTH SUB. LT.9 BLK.9 PETITIONER - WADE BISHOP The fifth item on the agenda was a request for waiver of subdivision regulations (lot split) by Wade Bishop for Lot 9 Blk 9 in Regency North Subdivision. Bishop stated that the property in question had been reserved for a tri-plex and because other residents in the subdivision do not want it, he would like to subdivide it and build single-family residences. MOTION Upon confirmation that the lots would have 60 feet street frontage, Crook moved approval of the request. Hanna seconded and the motion to approve passed unanimously. 3) • • Planning Commission January 28, 1985 Page 10 REQUEST FOR LOT SPLIT REGENCY NORTH PHASE II LATS 8 & 9 BLR 10 AND LATS 18, 19, 20 & 21 BLit 11 PETITIONER - WADE BISHOP The sixth item on the agenda was a request for lot split by Wade Bishop for Lots 8 & 9 of Blk. 10 and Lots 18, 19, 20 & 21 of Blk. 11 in Regency North Subdivision, Phase II. Bishop stated that upon examination of lots under his ownership in this subdivision, he discovered that he could come up with another lot. He said he asked his surveyor to plot out the new lots as submitted to the Commission in their packets. MOTION Jacks moved approval. Seconded by Hanna, the motion to approve this lot split passed unanimously. APPROVAL OF LSD LINDSEY CONSTRUCTION BUTTERFIELD TRAIL OFFICE CONDOS The seventh item on the agenda was a request to approve the large scale development plan, Butterfield Trail Office Condominimums, submitted by Lindsey Construction and located on Joyce Street. MOTION A motion was made to table this item at the request of the developer. The motion to table vas seconded and carried unanimously. DISCUSSION OF THE GREEN SPACE ORDINANCE The eighth item on the agenda was a discussion of the Greenspace Ordinance as requested by Commissioners at their meeting of January 21, 1985. The Planning Office had received a request to research this issue and to select an appropriate date at which plats will be considered "previously platted" as required for exemption to the Green Space Ordinance. Jones advised that, although her office had not as yet found an opportunity to research this in depth, the required improvements have been greater since the adoption of the Fayetteville zoning ordinances in 1970. She stated that there is a difference between platting out a parcel of land for recording purposes and platting a parcel complete with streets, water and sewer. • Stockdell suggested putting this item on the agenda for the meeting of February 11 and Commissioners agreed. 3v1 • • • Planning Commission January 28, 1985 Page 11 OTHER BUSINESS Bob Brandon, 649 Wilson, stated that for about two years he has been appearing before the City Board and the Planning Commission on various occasions with respect to the project which the City is currently developing at North Street and N. Gregg Street (State Highway Project #Z142-1 & 2); the widening of Gregg and North. Brandon stated that the widening of these streets has a direct bearing on the traffic pattern in the neighborhood (surrounding Wilson Park), particularly N. Gregg from North Street to the park and on Wilson from the park to Maple. He said both of these streets are being used currently as thoroughfares although Wilson is zoned as a local street and Gregg is zoned as a collector street. Brandon said that if the City completes the widening project and does not prohibit south -bound traffic from the four lane at Gregg Street and North, it will have converted a residential street to thoroughfare usage, which to some extent it is now. Brandon said he has been studying State law and City zoning ordinances with regard to procedural matters which the City is required to follow in the adoption of changes to the Master Street Plan which he feels this project is, in effect. He said there are some procedural items which the City has failed to follow. Brandon noted that the neighborhood in question is an older, stable one in which the residents have made an investment and to convert the streets into thoroughfares would essentially have a degrading effect as well as being dangerous. He said he will pursue this issue through legal channels as the City has made no effort to redesign the intersection which he felt could be done. He advised that this project should have been reviewed by the Planning Commission as is required by Arkansas State law. Brandon added that if he were not able to achieve a court order requesting the that City re -review the project, he would re -submit the project himself and take it through the various procedural reviews. Jacks advised that unless this has changed on the Master Street Plan, Gregg is classified as a minor arterial and not a collector street. He said this brings up more questions regarding this issue which was presented to the City Board in the form of a resolution and has not yet been answered. Brandon replied that Wilson inherits the Gregg Street traffic with no opportunity to empty into anywhere else. He inquired whether a minor arterial can be four -lane. Brandon pointed out that the plan for the street widening by the Highway Department has never been reviewed by the Planning Commission. 33 • • • Planning Commission January 28, 1985 Page 12 Crook said that people will find a way through this area if they need to and added that there was a plan at one time to bring a street through further west than Wilson. She said the neighbors have objected to every plan that has been presented and there has never been a positive proposal for how to carry traffic through from Maple to North. Brandon suggested signaling at Gregg and North to divert traffic from Gregg Street (making Gregg one-way northbound). He said this suggestion was made to him by Paul Poole with the Federal Highway system. Crook noted that a memorandum has already been executed regarding the City upgrading streets but she suggested the Commission look into this issue to see whether this particular issue has been addressed. Jones said that what has been questioned thus far is improvements that seem to exceed the classification of streets as they are identified as on the Master Street Plan, including Poplar and a few others. MOTION Jacks moved to request a report from Larry Wood on the Master Street Plan in the area of Wilson Park. Crook seconded and the motion passed 6-0-0, Tarvin having taken leave just prior to this vote. There being no further business, the meeting adjourned at 7:30 P.M. 34