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HomeMy WebLinkAbout1985-10-14 Minutes• • • MINUTES OF A MEETING OF THE FAYETTEVILLE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, October 14, 1985 at 5:00 P.M. in the Board of Director's Room in the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Melanie Stockdell, Ernie Jacks, Sue Madison, Fred Hanna, Joe Tarvin, B. J. Dow and Stan Green MEMBERS ABSENT: OTHERS PRESENT: Newton Hailey Jr. and Frank Burggraf Planning Consultant Larry Wood, George Faucette Jr., Kim Fugitt, Mrs. A. C. Moldenhauer, Gregg Moldenhauer, Troy & Janie Brooks, Wilson Kimbrough, Ervan Wimberly, Ada Northup, Clayton Powell, W.H. Reynolds, Sandra Carlisle, Bobbie Jones, Paula Brandeis, members of the press and others The meeting was called to order by Co -Chair, Melanie Stockdell and the minutes of the regular meeting of September 23rd and the special joint meeting (Planning Commission and City Board) of September 24th were considered. MINUTES Commissioner Green entered the following correction of the joint meeting: Page 4, paragraph 3, should be "while I don"t think ordinances should be as specific as we try to apply them, if the City policy is that they be applied specifically, then the ordinance should be written that way". There being no further additions or corrections, the minutes of the special meeting were approved as amended and the minutes of the regular meeting were approved as distributed. Stockdell announced that Item #5, a rezoning petition submitted by J. B. Hays for property located on the south side of Mt. Comfort Rd. east of Salem Road, was placed on the agenda in error and will remain on table until notice is received in the Planning Office that it is to be considered. She also announced that the petitioner of Item #7 has indicated that he wishes to table that request. MOTION Tarvin, seconded by Dow, moved to table Item 117. The motion passed unanimously. • • • Planning Commission October 14, 1985 Page 2 PUBLIC HEARING — REZONING PETITION R85-24 OPAL C. HOLLAND — SOUTH OF 15TH ST. WEST OF COLLEGE The second item on the agenda was a Public Hearing of rezoning petition R85-24 submitted by Opal C. Holland for 3 and 1/2 acres of property located south of 15th Street and east of S. College. George Faucette Jr. representing. Property zoned R-2; requested zoning is I-1. Consultant Wood recommended I-1 and gave the following report: In the General Plan, several miles of land south of Hwy. 16 and west of the west fork of the White River to the main line of the Burlington Northern Railroad (west of Hwy. 471) is identified for industrial use. Approximately one half of the area described is within the Fayet- teville Industrial Park and its development, including access and utilities is being coordinated by those developing the Industrial Park. The remainder of the land is under private ownership and, as it stands right now, will be developed on an individual parcel basis. While the area is still undeveloped, Wood suggested that the Planning Commission might want to discuss and establish some goals for its development if there were any interest in tying the area together. Some questions posed by Wood in his report: 1. Should some internal access be provided? 2. Should the flood plain be left -alone or filled and channelized? 3. Should access from Hwy. 16 be provided south across Town Creek? Madison asked if it were a good planning practice to have an industrial district across the street from a park. Wood replied affirmatively and explained that a park is an open day -time activity and an industrial area usually has quite a lot of open land with it. He said he would not have any problem with industrial land and park land across the street from each or side-by-side. Wood noted that most of the area south of 15th Street is already zoned industrial with a small of amount of R-2 remaining and added that the General Plan calls for the entire area to eventually be zoned industrial. In answer to Jacks" question, Wood replied that the area suggested for study is east of Hwy.471 and added that the industrial area south of Town Branch has very poor access. He clarified his question of whether or not to tie 15th Street and the area south of Town Branch together with access which would include a bridge. Jones advised that there is a dedicated r/w with property adjacent to the east side of College south of 15th and that College, at one time, had been on the Master Street Plan extending south of 15th. Dow asked if the Parks and Recreation Department has a policy on what should surround parks. She said she felt it made more sense to surround parks with residential areas in order to maximize park use. • • • Planning Commission October 14, 1985 Page 3 Green noted that there have been two requests for commercial rezoning in this area recently that were denied and added that it didn't appear the area would develop R-2 as was once thought. Wood commented that the Planning Commission (in 1969) had thought that 15th Street would be the divide between industrial and high density residential. Faucette, representing the petitioner, pointed out that Wood has reported a favorable recommendation for industrial zoning south of 15th Street and added that the City (Walker Park) was on his list for notifying adjoining property owners of the proposed zoning change. He also pointed out that the City created Walker Park after the Industrial Park was developed and that if they had thought it was unsafe for children, they would not have utilized this location. Faucette advised that the access might be better through an improvement of 22nd Street rather than north/south through flood plain land involving an expensive bridge. He concluded that he thought Fayetteville is overloaded with multi -family zoned land. The Public Hearing was closed and discussion returned to Commissioners. MOTION Hanna agreed with Faucette and pointed out to Dow that I-1 was "light" industrial and that parks located in residential areas tend to disturb area neighbors with their activities. He moved to recommend approval of this request which was seconded by Tarvin and followed by discussion. Tarvin said he didn't think there was much likelihood of the area in question developing as R-2. Madison said she would like to have a study conducted on access and use as suggested by Wood. She expressed her concern regarding the City having too much I-1 land. The question was called and the motion to approve this rezoning request passed unanimously. MOTION Jacks made a motion requesting Wood to conduct a study of the area south of 15th Street and east of Hwy.471 with regard to use and access. Madison seconded followed by discussion. Green suggested including the area on the north side of 15th Street. The amendment was accepted and the motion to conduct a study was approved unanimously. PUBLIC HEARING - REZONING PETITION R85-25 J.C. ENTERLINE - N. SIDE OF SYCAMORE, E. OF COLLEGE The third item on the agenda was a Public Hearing on rezoning petition R85-25 submitted by Kim Fugitt on behalf of J. C. Enterline to rezone 2.56 acres located on the north side of Sycamore lying east of N. College from R-1, Low Density Residential, to C-2 Thoroughfare Commercial. 0231 • • • Planning Commission October 14, 1985 Page 4 Consultant Wood recommended a change to C-2 for the following reasons - 1. The request is consistant with the General Plan recommendation; 2. C-2 District and commercial uses currently exist on three sides of the property; and, 3. The public facilities and services are available to serve the property. Mrs. A. C. Moldenhauer, 2700 Loxley, stated that she owns the land directly behind that in question and advised that a tree line exists along the creek between the two properties that gives protection from the noise coming from Hwy.471. She said she would not be quite so opposed if there were some written reassurance that a buffer zone would be provided and that the trees would remain. Moldenhauer presented a petition signed by property owners in the general area supporting her stated position. In answer to Stockdell's question, Moldenhauer replied that her property backs up to the creek. Stockdell asked Fugitt if the developer would be willing to provide the protections requested by Moldenhauer and Fugitt pointed out that the developer has to deal with two large easements and a street setback as well as a creek running through the middle of the property leaving little space to develop. Gregg Moldenhauer, 1717 N. Walnut, expressed his concern that if subject property were rezoned C-2, the developer might straighten out and fill the creek and cut down the trees. Fugitt explained that the property in question is zoned partially C-2 and partially R-1 and added that he thought the creek in question was located on the A. C. Moldenhauer property which would not allow Enterline to interfere with the creek or the trees in question. He added that the developer intends to construct a self -storage concern at this location which would be a fairly quiet use. Stockdell noted that the east line of this petition roughly lines up with that commercial property on the south side of Sycamore. Green questioned whether the results would be the same if the property were developed as residential. Gregg Moldenhauer stated his opposition adding that he would like to know exactly where the property line is and what will happen with the property. Tarvin expressed concern that this property is currently serving as a buffer area between the commercial and residential zones and that limitations in its development residentially should not justify rezoning. Madison stated that this Ash/Walnut/Sycamore corridor has a very poor traffic flow and that she was not in favor of any additional rezoning • • • Planning Commission October 14, 1985 Page 5 to commercial use east of this property. She added that a landscape ordinance, if it existed, would help in establishing a buffering zone. MOTION Green moved to recommend approval of the rezoning request. He referred to the property line dispute and advised that a petitioner cannot have property rezoned that does not belong to him. Hanna seconded followed by discussion. Stockdell said it made a difference to her, in the reviewing of this zoning request, that all of the surrounding property owners are opposed. Hanna expressed dissatisfaction regarding the map of subject property noting that it does not show the exact location of where the C-2 zoning ends and the R-1 begins. Upon roll call, the motion to approve the requested rezoning failed to pass by a vote of 4-3-0, Jacks, Stockdell and Tarvin voting "nay". Stockdell advised that a rezoning petition may not be heard again by the Planning Commission for a period of 12 months unless the petitioner presents sufficient, new information regarding said case. She questioned whether or not the finding of the exact location of the property line would qualify under the ordinance. Fugitt said that he would run a survey line along the east border of the property in question. Moldenhauer stated that he and the other property owners would like the property to remain as it is. PUBLIC HEARING - REZONING PETITION R85-26 CITY OF FAYETTEVILLE - 3360 N. GREGG AVE. The fourth item on the agenda was a Public Hearing on rezoning petition R85-26 initiated by the City of Fayetteville to rezone 3.02 acres located at 3360 N. Gregg Avenue (1191' below Mean Sea Level) from F-1, Flood District to C-2, Thoroughfare Commercial. Wood advised in his report that C-2 District is recommended for this property. He noted in his written report that the intent of this application is to establish a zoning district for that portion of the property that was previously zoned F-1 as F-1 District has been deleted from the zoning ordinance. He also noted that, in 1978, this same property was under application (R78-2) for a change from I-1 to C-2 and was approved except for that part that was in the flood plain which was zoned F-1 District. In answer to Green's question, Jones explained that Flood Plain District was eliminated from the ordinance because flood plain regulations due a better job of regulating flood zone properties. Carlisle advised that a party named Thornton owns the property and operates a private club on the C-2 portion. Planning Commission October 14, 1985 Page 6 MOTION Jacks moved to recommend approval of this petition, Hanna seconded followed by discussion. In answer to Green's question, Jones advised that the property owner was notified by regular, not certified, mail. She added that there is a sign posted on property and that several people have inquired about the request in the Planning Office. Green pointed out that adjoining property owners of a large scale development are notified by certified mail and questioned why the City has a different standard for itself in this situation. Jones explained that adjoining property owners in all rezoning petitions are consistently notified by regular and not certified mail. MOTION Green moved to table this hearing until proof is received that the property owner has been notified of this City initiated rezoning. Tarvin seconded and the motion to table (which supersedes any other motion on the floor) failed to pass 3-4-0, Stockdell, Tarvin and Green voting in favor of the motion. The original question was called and the motion to recommend approval of this petition to the City Board passed 5-2-0, Stockdell and Green voting nnayn PUBLIC MIMING - REZONING PETITION 885-18 J. B. HAYS - S. OF MP. COMFORT E. OF SALEM Wilson Kimbrough, 3110 Mt. Comfort Rd., was present to address Item 1/5 on the agenda which had been included by error. He stated that he and several other interested parties have been prepared to discuss this issue at Planning Commission meetings of June 27th, July 8th, July 22nd, August 12th, September 9th and at a City Board meeting. He requested notification when the issue is truly intended for discussion. Stockdell extended an apology for the inconvenience created and agreed to notify Kimbrough as requested. CONDITIONAL USE REQUEST - CHILD CARE TROY & JANIE BROOKS - 2617 S. CITY LAKE RD The sixth item on the agenda was a request for Conditional Use submitted by Troy & Janie Brooks for child care of up to ten children. Property is located at 2617 S. City Lake Rd., zoned R-1, Low Density Residential. In answer to Stockdell's question, Mrs. Brooks replied that she is licensed by the State to care for eight children. a3v Planning Commission October 14, 1985 Page 7 NOTION Jacks, seconded by Hanna, moved approval of the request for Conditional Use. The motion passed unanimously. REQUEST FOR EXTENSION OF PLAT APPROVAL JIM -BOW ADDITION - JIMMIE & KAREN AVE. The eighth item on the agenda was a request from Northwest Engineers to extend the preliminary plat approval for Jim -Bow Addition for another twelve months. The proposed subdivision is zoned R-1, Low Density Residential and located north of the end of Jimmie and Karen Avenues. MOTION Jacks, seconded by Madison, moved approval of this request followed by discussion. Stockdell inquired whether the plans for the subdivision were progressing and Ery Wimberly, representing the developer, replied that they were, although the improvements have not yet been installed. The question was called and the motion approving an extension passed 7-0-0. BED AND BREAKFAST INNS - DISCUSSION The ninth item on the agenda was a request for discussion of the possible addition of Bed and Breakfast establishments to the City ordinances as per a letter received in the Planning Office from Ada Northup. Northup requested that a committee be set up to establish guidelines for those interested in operating a Bed and Breakfast home. She said she thought this type of establishment would be an asset to this area and added that the Chamber of Commerce has advised her that there have been some interest expressed from people wishing a home -type atmosphere being offered to travelers. In answer to Stockdell's question, Northup replied that she would be willing to sit on the committee. Stockdell appointed Northup, Hanna and Dow as well as herself to a Bed and Breakfast Committee. FURTHER CONSIDERATION OF PROPOSED ORDINANCE TO AMEND THE CITY'S SUBDIVISION REGULATIONS The tenth item on the agenda was further consideration of a proposal to amend the City's Subdivision Regulations incorporating Street Specifi- cations. This item was tabled at the meeting of September 23, 1985. Stockdell advised that a committee, composed of Newton Hailey, Joe Tarvin, Ery Wimberly, Mel Milholland, Larry Wood and Ernie Jacks as w' J • • Planning Commission October 14, 1985 Page 8 chairman, has been created to address this proposal. In response to Street Superintendent Powell's request to be notified of discussion so as to avoid additional needless trips by Engineer, W. H. Reynolds. Stockdell offered apologies and inquired whether the Commission wished to discuss the issue at this time. Commissioners elected to continue the discussion in committee. DISCUSSION TO AMEND DEFINITION OF OFF-STREET PARKING ACCESSORY TO DUPLEK/SINGLE FAMILY The eleventh item on the agenda was discussion resulting in clarification of the definition of "Off -Street Parking" as contained in the Zoning Ordinance to allow up to four spaces accessory to a duplex or single family dwelling to back into a public street, referred back to the Planning Commission by the Board of Directors October 1, 1985. Planning Director Carlisle explained that there is confusion among Board members as to the wording in the ordinance. She said that City Attorney, McCord has explained that the wording "parked and unparked" was carried over from the existing ordinance. Carlisle referred to drawings included in Commissioners packets which demonstrate parking configurations possible under the proposed ordinance and suggested that they might help to clarify the intent of the ordinance. Jones advised that this does not apply to commercial property. Commissioners agreed their intent was to allow four cars to back into a public street. NOTION Jacks made a motion to forward the drawings to the Board of Directors as clarification of intent of the proposed ordinance. Hanna seconded and the motion carried 7-0-0. OTHER BUSINESS The only item of "other business" was the appointment of a committee to discuss the possibility of including a landscape policy in the City code of ordinances. Stockdell requested that Dow, Madison, Burggraf and Green sit on said committee with Green serving as chair. There being no further business, the meeting adjourned at 6:45 P.M.