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HomeMy WebLinkAbout1985-06-24 Minutes• • MINUTES OF THE MEETING OF THE FAYETTEVILLE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, June 24, 1985 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., Ernie Jacks, Sue Madison, Fred MEMBERS ABSENT: Melanie Stockdell, Joe Tarvin, Trey Trumbo and Frank Burggraf OTHERS PRESENT: Hanna and Stan Green Consultant Larry Wood, Bert Rakes, Dennis Bailey, George Kovatch, John Kyle, Carolyn Dyer, Donna Carothers, Ervan Wimberly, Kenneth Caudle, Sandy and Neal Behimer, Bobbie Jones, Paula Brandeis, members of the press and others The meeting was called to order by Cha:trman Hailey and the minutes of the meeting of June 10 were considered. MINUTES There being no additions or corrections, the minutes were approved as distributed. DUPLEX CONDITIONAL USE REQUEST 1700 OARCLIFF - BERT RAKES The second item on the agenda was a request for Conditional Use which would allow a duplex in an R-1 District. Property located at 1700 Oakcliff, represented by Bert Rakes. Rakes stated that he was prepared to sign a Bill of Assurance stating that the property in question would never be used as a rental unit and added that he would renew that each year if necessary. Chairman Hailey noted that he Mrs. Stubblefield, requesting a Madison clarified that she was parking at this address. Rakes had received a letter from a neighbor, Bill of Assurance as Rakes suggested. not in favor of requesting unnecessary said he did require additional parking. Dennis Bailey, 2823 Stanton, stated that he would like to have a Bill of Assurance to prevent the property from being used as a two-family residence in the future. /53 Planning Commission June 24, 1985 Page 2 NOTION Hanna moved approval with a Bill of Assurance that when the ownership of the property changes or the need ceases, the home will revert to single-family usage. Jacks seconded and the motion passed 5-0-0. DUPLEX CONDITIONAL USE REQUEST WEST OF THE NORTH END OF LISA LANE - GEORGE KOVATCH The third item on the agenda was a request for a duplex conditional use in an R-1 District with access located at the north end of Lisa Lane; owned and represented by George Kovatch. Kovatch stated that the proposed home will be for his family use only and not intended for rental purposes. He also said he has no intention of further developing the remainder of his three acres. with additional units. Kovatch noted that one neighbor has expressed concern regarding additional traffic but Kovatch advised that if the duplex were denied, he would build a single house large enough to house his mother and grandmother and the traffic count would be the same. Access to the property was discussed and Jones advised that the street right-of-way of Lisa Lane (50 ft.) extends to the petitioner's property. Hanna asked if the house were to be designed so that it could be easily converted to a single family home when Kovatch's mother no longer had use of it. Kovatch said he would build it that way if he were bound to do so. Hanna explained that there has been another duplex built in this town that did not allow for conversion resulting in no one being interested in buying it from the original owner's estate. Kovatch said he was agreeable to signing a Bill of Assurance stating the home would be used for his immediate family alone. Madison emphasized that single-family usage was less objectionable to her and that she would not like to see this used as a rental unit in the future. John Kyle, 1933 Brent Lane, stated that he was opposed to this request chiefly with regard to setting a precedent that might be hard to reverse. He said it would create a problem if Kovatch were to gain variances for additional dwellings. He also stated that there was a surface water drainage problem in this area and he thought that any additional construction would increase the problem. Kyle said he felt there were ways Kovatch could care for his mother and grandmother other than relaxing the zoning regulations. Carolyn Dyer, 2121 Lisa Lane, said that she had originally been opposed to this request but, after learning more of the nature of the request, ts4 Planning Commission June 24, 1985 Page 3 she is in full support. Dyer said she thought "single-family dwelling" may need to be re -defined as "extended family dwelling". She said it would be so much easier for her as well as (a prospective) elderly relative if a semblance of independence could be maintained. She inquired whether a future buyer of Kovatch's "extended family" home would be required to request similar permission for this use. Jones clarified that, if a Bill of Assurance was signed stipulating that Kovatch's home would be used for single-family, a new purchaser would have to make a new request. Kovatch asked Kyle if there would be a difference in drainage problems were he to build a large single-family house rather than the proposed duplex and Kyle repeated that his major concern was setting precedent. Kyle repeated concern that a future owner may try to build more duplexes. Jim Oziah, 1958 E. Highway 45, stated that he lives to the south of subject parcel and noted that he has walked Kovatch's property which seems to have a good run-off system to the south and west. He added that he was in support of Kovatch's request. Commissioner Green repeated Hanna's earlier suggestion that Kovatch may wish to design his house so that it can be easily converted to a single-family home and not be left with a practical problem as had another family with a unique family situation. MOTION Madison moved approval with a Bill of Assurance that the use of the duplex will be for immediate family only and, should the ownership change, the building will continue to be used for single-family only. Green seconded and the motion to approve passed 5-0-0. CONDITIONAL USE REQUEST - CHILD CARE 1906 E. LEE STREET - DONNA CAROTHERS The fourth item on the agenda was Conditional Use for child care of located at 1906 E. Lee Street and is a request by Donna Carothers for up to 10 children. Property is zoned R-1. Hailey advised that there is a commercial business to the north, a residence to the east and Mexican Originals plant across the street. MOTION Jacks moved approval of this request. The motion was seconded and passed unanimously. 155 Planning Commission June 24, 1985 Page 4 LARGE SCALE DEVELOPMENT - J.B. HAYS PARR PLACE REC AREA - HWYS. 265 & 45 The fifth item on the agenda was request for approval of the large scale development of Park Place recreation area located at Hwys. 265 & 45 and represented by Ervan Wimberly. Madison, speaking for the Subdivision Committee, advised that the committee had approved this LSD subject to: 1. recommendation that a waiver be granted for the tennis court setback upon receiving letters from adjoining property owners Johnson, Harris and Hays stating that they have no objections; 2. the planting be extended along the east side; 3. no parking signs be placed along the road within the rec area; and, 4. a recommendation that a Conditional Use be granted for this cultural/recreational use in an R-1 District (Use Unit 4). Jacks seconded, Green noted that the committee also recommended that a waiver be granted for the tennis court setback. The motion to approve passed 5-0-0. REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS KENNETH & ELLA CAUDLE - NEAR CROSSOVER & WYMAN RDS. The sixth item on the agenda was a request for waiver of subdivision regulations (lot split) submitted by Kenneth & Ella Caudle for property located on the west side of Crossover Rd where Wyman Road intersects. Jones advised that the request is for a waiver of the amount of acreage required in a first lot split (3 and 3). She noted that sewer is available according to the City Engineer and Mr. Caudle explained some of the history of his property. MOTION Jacks moved approval, seconded by Hanna, the motion to approve passed 5-0-0. REQUEST TO PLACE RESIDENTIAL LONG-TERM CARE FACILITY IN USE UNIT 4 - SANDY HEMMER The seventh item on the agenda was a request submitted by Sandy Behimer to place "residential long-term care" facility in Use Unit 4. Consultant Wood said he thought that Use Unit 4 was as appropriate as exists for the use requested. Jones suggested the use could be placed in Use Unit 8 which would make it a use by right in A-1, R-2, R-3 and R-0 and a conditional use in R-1. Jacks expressed concern that Use Unit 4 has become the "catch-all" but added that, with the restrictions imposed, he would be in favor. )56 • • Planning Commission June 24, 1985 Page 5 Hailey asked Wood if the Committee for the Aged could address long-term care and Wood replied that he thought it would be a good idea for that committee to look at this problem and see if they would treat it differently. Sandy Behimer, petitioner of this request, said that the clients would live in private homes. She said the current zoning in which this use is allowed is not good for the clients (C-2) and advised that she has found a large home on two acres with a privacy fence that would be perfect for the proposed long-term care facility she would like to operate. Jones advised that this use would require a change in the ordinance. Jacks said he thought that in order to place this use in an existing Use Unit, a better definition would be necessary. Jones agreed, adding that numbers of clients and parking would also need to be considered. Neal Behimer read some portions of residential care facilities as defined by Social Services of Arkansas. Jacks said he would like to give the proposal some thought and Green said he didn't like the idea of 8-10 people in one house in an R-1 District although he felt there must be some way that it could be controlled well enough. Jacks said that, although this petitioner may have good intentions for her potential clients, the Commission must consider the worst that could possibly happen in a long-term facility. MOTION Green, seconded by Hanna, moved to hold a Public Hearing to investigate long-term care facilities as soon as possible (2nd meeting in July). The motion to hold a Public Rearing passed 5-0-0. INFORMATIONAL ITEM - RESOLUTION REQUESTING RECONSIDERATION OF QUAIL CREEK SUBDIVISION The eighth item on the agenda was informational; a resolution from the City Board requesting reconsideration of recently approved subdivision Quail Creek. This item has been reconsidered at the June 10th meeting. APPOINTMENT OF COMMITTEE FOR THE AGED Hailey appointed Sue Madison and Fred Hanna for this committee with Melanie Stockdell serving as Chairperson. He noted that Barbara Crook, former Commissioner previously involved with this committee, would sit in as would Bert Rakes in the capacity of private citizen. • There being no further business, the meeting was adjourned at 6:05 upon a motion from Jacks and a second by Green. /57