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HomeMy WebLinkAbout1968-01-16 MinutesMINUTES OF THE CITY PLANNING COMMISSION IEETING The Planning Commission met in a regular meeting Tuesday, January 16, 1968 at 4:00 p.m., in the Directors' Room of the City Administration Building,` Fayetteville, Arkansas. Members present: Clark McClinton, Walter Brown, Allan Gilbert, Morton Gitelman, Wade Fincher, James Mashburn and Byron Boyd Members Absent: Roy Clinton and Ernest Jacks Others present: 011ie Tacket, Mr. and Mrs. Lon Clanton, John D. Anderson, Henry Haseloff, Tom Bell, Jerome Yates, Richard McChristion, John Baird, Garland Reiding, Dayton Stratton, Marshall Carlisle, Bill Lunsford, Jim Vizzier, Juanita Fairchild, Calvin Teague, Harold-Lieberenz and Bass Trumbo. The meeting.,was called to order by the Chairman, Clark McClinton. The first item of business was the approval of minutes of the Planning Commission meetings of December 12, 1967 and January 2, 1968. These were approved with a correction to the January 2 minutes. Morton Gitelman should have been shown absent from the meeting. The first rezoning petition scheduled for public hearing on this date was • .that of Mr. 011ie Tacket. Mr. McClinton explained that the Planning Administrator had made an error in typing the legal notice for publication in the newspaper. Therefore, in the opinion of the City Attorney, the public hearing for this petition could not be held at this time. The notice will have to be republished and a new hearing date set. There was discussion held among the Planning Commission members and the applicant and it was decided that this hearing could be held at the next regular meeting of the Commission. Mr. Tacket asked if it would be possible for him to obtain permission to go ahead and reopen his business to operate until the public hearing could be held. Harold Lieberenz answered that he could not give permission for this. The Chairman suggested that if the public hearing on this petition could be held on February 2, the Board of Directors' could take action on it at their regular meeting February 5. In this way they could save the additional delay of waiting two weeks for the next Board meeting. The rezoning petition of Jerry Sweetser for property on North Leverett Street was next on the agenda. Bass Trunbo was present to explain this petition. He pointed out that this property is located in the vicinity of the Skull Creek Apartments • and other multi -family housing units. Jack Roberts Plumbing Shop is directly across the street and some property north of the area in question has been rezoned to C-1, Neighborhood Commercial District. The laundry on the premises was originally built as an accessory building for the duplex apartments owned by Mr. Sweetser, but the demand for commercial use of this and a drycleaning pickup station has indicated the need for rezoning. Min. 1/16/68 (2) Mr. Trumbo showed the Planning Commission members a copy of a property • survey which shows the location of the building in relation to all the property lines. Wade Fincher asked if the laundry was presently open and operating. Mr. Trumbo said it was. Harold Lieberenz asked what the location of the duplexes were in relation to this survey. Mr. Trumbo said these should be shown along the south property line and that this line probably should be moved about 30 feet to the north, past the duplexes. Further discussion followed, Mr. McClinton asked if anyone was present in opposition to this petition. No one spoke, therefore, the hearing on this petition was closed. The rezoning petition of Henry T. Haseloff for property along the east side of Highway 71 North was next on the agenda. Marshall Carlisle explained this petition and the intention of the owner to use an existing building for a restaurant, this use would not be per- mitted in the 0-1, Open Land District, in the opinion of the City Attorney, Mr. Hugh Kincaid. He pointed out that the rezoning petition includes • approximately 2000 feet of highway frontage. There was discussion of the set -back regulations in the C--2, Thoroughfare Commercial Zone, and Mr. Haseloff said that he thought the building in question is about fifty feet from the property line. Morton Gitelman asked about the zoning of the property acress the highway in Springdale. Mr. Carlisle said the property at the intersection of Johnson Road and the highway was zoned for commercial use and the property north of this is in a residential zone. The Chairman, Clark McClinton, asked if anyone wished to be heard in opp- osition to this petition. No one spoke so this hearing was considered closed. Mr. Marshall Carlisle also represented the petition of Dayton and Lois Stratton for rezoning of property on Highway 62 West, Mr. Carlisle explained that this property is where the Fayetteville Enter- tainment Center is now located and the rezoning had been requested in order that the present building could be enlarged and improved. Mr. Stratton gave the dimensions of the building and told the members that this building is set back from the highway right-of-way approximately 100 • feet. The Chairman asked for questions from members of the Commission. There were none. He then asked if anyone wished to oppose this petition. Min. 1/16/68 (3) • Mrs. Juanita Fairchild told the members that she owned about 76 acres Northeast of the property in question. She said she wanted to ask what the long range plan for development of this area was. If such a plan had not been completed why not wait until a plan had been made instead of rezoning piecemeal. Garland Reiding who owns property north of Mr. Stratton said that he was also concerned about the development of property lying on Highway 62, he had hoped this area would develop as residential property. Mr. McClinton explained that the existing use of property annexed to the City can be continued and property owners cannot be forced to close their business or change this use by a rezoning of the property. Jerome Yates who owns property in this same area, north of the Stratton property, asked if this zoning could be changed to C-1 rather than C-2. Jim Vizzier told him that the C-1 zone would not permit a skating rink. Mrs. Thelma Clanton who lives east of the County Road had bought this property, built a home and wanted to retire there. The Entertainment Center is used as a skating rink part of the time and at night is used as a dance hall. She said she had talked to the owners about the noise and asked that something be done about it. She and her husband have trouble sleeping due to the disturbance from this (entertainment center). • Calvin Teague owns 120 acres north of the property in question and he said that even though this is supposed to be a skating rink he feelsthe dancing and drinking are more prevelant. He uses the County Road to get to and from his property and at times has been unable to get through on this road due to the number of cars parked on it. Mr. Tom Bell owns property south of the highway and said he agrees with the other property owners. Mr. Richard McChristian said he lives further out on Highway 62 and he feels that if this business is expanded it will make an even more danger- ous situation, as far as the traffic on the highway is concerned, than already exists. Mr. Lon Clanton said he agreed with what his wife had said and he As against the rezoning. Mr. McChristian said if this property was rezoned for commercial use this would open an opportunity for the property owner acrosssthe street to have his property rezoned commercial also and possibly open a 'beer joint'. Mr. Garland Reiding said that he had to have the Highway Patrol to move cars out of the road in order to get through and he doesn't feel it is • right for his children to see the type of things that happen at this establishment. Mr. McChristian said he had personally carried a petition for the annex- ation of this area to the City and that Mr. Stratton's name ivas not on this petition as he wanted to be in the Farmington district. Min. 1/16/68 (k) Walter Brown asked Mr. Stratton what his plans were for this property. • Mr. Stratton said he plans to enlarge the existing building and that this would help cut down the noise as this addition would be better insulated than the present building. He also plans to enlarge the parking facilities to keep the cars from parking along the highway and on the county road. Mr. Brown asked if he had applied for a building permit. Mr. Lieberenz explained that Mr. Stratton had come in to see him about the permit but under the provisions of the zoning ordinance he would have to have the written consent of the owners or of duly authorized agents of such owners, owning at least seventy-five percent of the street frontage of those parcels of property which are within the City and all or part of which are within three hundred feet of the lot on which the non -conforming structure is located. Therefore, Mr. Stratton had decided to try to have the property rezoned for commercial use. There was no further discussion or questions so the public hearing on this petition was considered closed. This completed the public hearings on all the petitions for rezoning so all the interested persons and petitioners were dismissed. The Chairman, Clark McClinton, asked for the members feelings on the petition of Jerry Sweetser. • James Mashburn said he felt this laundry was a good use in this neighbor- hood due to the multi -family housing in the area. Walter Brown pointed out that htis neighborhood is predominately residential and the future plans call for the north boundary of the University Campus to be Cleveland Street. He did not agree that this property sfiuld be changed to commercial and would like for the Planning Commission to reconsider the zoning of the property north of this area, which was changed to C-1, recently, since a building permit has not yet been obtained this ordinance could be rescinded. Walter Brown made a motion that the Planning Commission deny this request for rezoning. The motion was seconded by Morton Gitelman. Clark McClinton asked what the recourse would be if the property was not rezoned for commercial use. Harold Lieberenz said he would advise the owner that, in his opinion, this (laundry) was a commercial use and would be prohibited by the Zoning Ord- inance. If the advertising and the dry cleaning pick-up station were dis- continued it would be difficult to determine whether or not the laundry was being used commercially or as an accessory building for the duplexes. Allan Gilbert felt that this use seemed good in this neighborhood and pointed out that most University Campuses have commercial activities near them. The Chairman called for a vote on the motion of Mr. Brown and the folloifing vote was recorded: Gitelman and Brown 'AYE', Mashburn, Boyd and Gilbert 'NAY', Min. 1/16/68 (5) Fincher 'ABSTAINED'. There being two 'AYES', three 'NAYS' and one • 'ABSTAINING' vote the motion was not passed. Mr. Brown then made a motion that this petition be tabled, motion seconded by Morton Gitelman. The following vote was recorded: Brown and Gitelman 'AYE', Mashburn, Boyd and Gilbert 'NAY', Fincher 'ABSTAINED'. There being two 'AYES', three 'NAYS' and one 'ABSTAINING' vote the motion did not carry. Allan Gilbert moved that the Planning Commission recommend to the Board of Directors that an ordinance be adopted for the purpose of rezoning the property of Jerry Sweetser, described in Resolution PC 1-68, from R-3 to C-1 as petitioned. HHYiyyH�yH��ti� %��ri testa i`� RESOLUTION PC 1-68 WHEREAS, a public hearing was held by the Planning Commission Tuesday, January 16, 1968, fifteen (15) days after a sign was erected upon the property and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and ImA EREAS, after the hearing the Planning Commission voted to make a recommendation to the Board of Directors on the rezoning petition of Jerry D. Sweetser, NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: • SECTION 1. That an ordinance be adopted for the purpose of re- zoning from R-3, Multi -family Residential Zone, to C-1, Neighborhood Commercial Zone, the property described as follows: LEGAL DESCRIPTION: A part of the Northeast Quarter of the Southwest Quarter of Section 9, Township 16 North, Range 30 West, described as follows, to-urit; Beginning 25 feet East and 225 feet North of the Southwest corner of said 40 acre tract, and running thence East 124 feet to a line running North and South, thence North 60 feet, thence West 124 feet, thence South 60 feet to the point of beginning, all in the City of Fayetteville, Arkansas. Also part of the Northeast Quarter of the Southwest Quarter of Section 9, Township 16 North, Range 30 West, described as follows, to -wit: Beginning 25 feet east and 285 feet north of the Southwest corner of said 40 acre tract, and running thence east 124 feet to a line running north and south, thence north 30 feet, thence west 124 feet, thence south 30 feet to the point of beginning. Lot 19 in Hopper Addition to the City of Fayetteville, Arkansas as per plat of said Addition on file in the office of the Circuit Clerk and Ex -officio Recorder of Washington County, Arkansas. • SECTION 2. That the above-described property be rezoned from R-3, Multi -family Residential District, to C-1, Neighborhood Commercial District, so that the petitioner may develop the property for commercial use. PASSED AND APPROVED this 16th day of January , 1968. Min. 1/16/68 (6) • APPROVED: CLARK McCLINTON, CHAIRMAN '.HHHHH;i4iHHHH;i:-K-1HHHHHHHHHi-)HHHHH:-7HHHHHHHHHHHHHHHHHHHHHHHHHHHt-I.�iHHHHHHHHHY.H,SY- Discussion was held on the petition of Henry T. Haseloff. Morton Gitelman expressed his objection fo the rezoning of this much (approx. 2000 feet) highway frontage for commercial purposes. Wade Fincher asked if the C-2 zoning would permit liquor sales. Clark McClinton pointed out that although this zoning would permit it, a liquor license would also have to be obtained. Jim Vizzier, City Planning Consultant, said he had discussed this petition with Mr. Fox, City Manager, and he had asked if the applicants could be required to show their planned 'use' of property when the petition for rezoning is submitted. This couldn't be done under the present zoning regulations. The Planning Commission has no jurisdiction after the pro- perty has been rezoned. • Wade Fincher left the Directors' Room, Walter Brown moved that the petition of Henry Haseloff be rejected. There was no second to this motion so the motion died. James Mashburn moved and Allan Gilbert seconded the motion that the Planning Commission recommend to the Board of Directors that an ordinance be adopted rezoning the pr6perty_as described in Resolution PC 2-68 from 0-1 to C-2 as petitioned. �i:,3HH:iF3i=.HFSHHE?.=7:-ir3HHHHHHHEi::H.�.C' RESOLUTION PC 2-68 4H-st*'I'KH 8HHHHHHHHH'r:9H8# WHEREAS, a public hearing was held by the Planning Commission, Tuesday, January 16, 1968, fifteen (15) days after a sign was erected upon the pro- perty and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the hearing the Planning Commission voted to make a recommendation to the Board of Directors on the rezoning petition of Henry T. Haseloff. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. • SECTION 1. That an ordinance be adopted for the purpose of rezoning from 0-1, Open Land District, to C-2, Thoroughfare Commercial District said read estate. LEGAL DESCRIPTION: Min. 1/16/68 (7) A part of the NE,i-, of Section 23, T -17-N, R -30-W. and being more • particularly described as being a strip of land 350 feet, of equal and uniform width East of the centerline of U.S. Highway No. 71, lying and being situated in the following described land to -wit; Beginning at a point which is 555 feet North of the SW corner of the SE4 of the NE4, Section 23, T -17-N, R -30-W, and running thence S 760 40' W 77.6 feet, thence S 650 10' W 210.80 feet, thence North 01 12' W, 283.50 feet, thence N 40 11' E, 179,7 feet, thence N 110 16' E, 1566.7 feet, thence N 70 09' E 221.50 feet; thence S 890 49' E 252.70feet, thence S 00 19' E, 40.0 feet, thence S 150 38' E, 1609.40 feet, thence S 450 19' E 336.0 feet, thence running in a Southwesterly direction along the South bank of a narrow creek and the North right-of-way line of a private road to the point of begin- ning. Less and except existing pipeline easement. Containing 36.33 acres more or less. SECTION 2. That the above-described property be rezoned from 0-1, Open Land District, to C-2, Thoroughfare Commercial District, so that the petitioner may develop the property for commercial use. PASSED AND APPROVED this 16th day of January , 1968. APPROVED: • /s/ Clark McClinton CLARK McCLINTON, CHAIRMAN The following vote was recorded: Gitelman and Brown 'NAY', Mashburn, Gilbert and Boyd 'AYE', there being two 'NAYS' and three 'AYES', the motion was approved. Discussion was held on the petition of Dayton and Lois Stratton for property on Highway 62 West. Byron Boyd told the members that he had been contacted by Mrs. William Cannon in regard to this petition and she objected to the type of oper- ation on the premises and the noise. Walter Brown said he felt that the rezoning of this property could wait since the business could be continued as is without rezoning. Morton Gitelman suggested that it would be much better to wait until a land use plan for this area could be developed. Walter Brown moved that the'Planning Commission deny the petition of Dayton and Lois Stratton for rezoning from A-1 to C-2 of the property • described in the following resolution. Min. 1/16/68 (8) • RESOLUTION PC 3-68 WHEREAS, a public hearing was held by the City Planning Commission, Tuesday, January 16, 1968, fifteen (15) days after a sign was erected on the property and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the public hearing, the Planning Commission voted to make a recommendation to the Board of Directors on the petition of Dayton and Lois Stratton for rezoning; NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS, SECTION 1. That the petition requesting the rezoning of property, described as follows, from A-1, Annexed Territory District, to C-2, Thoroughfare Commercial District, be denied. LEGAL DESCRIPTION: A part of the SW41 of the NW4, Section 19, Township 16 North, Range 30 West of the Fifth Principal Meridian, Fayetteville, Arkansas, being more particularly described as follows: Beginning at a point that is N 740 E, 250.0 feet from the Southwest • corner of the 5474f of the NW4 of said Section 19. Thence North, 300.0 feet; thence N 740 E, 418:.4 feet; thence S 230 E, 344.19 feet; thence S 740 W, 536.5 feet to the point of beginning containing 3.5 acres more or less. SECTION 2. That the rezoning of the above described real estate would not presently be desireable. PASSED AND APPROVED this 16th day of January , 1968. APPROVED: Clark McClinton /s/ CLARK McCLINTON, CHAIRMAN The annual meeting date was discussed and it was suggested by the Chairman, Clark McClinton, that the annual meeting date of the first Tuesday in February be changed in order to hold public hearing on the rezoning peti- tion of 011ie Tacket at the same meeting. • Min. 1/16/68 (9) Byron Boyd moved that the annual meeting be held at 9:00 a.m., Friday, • February 2, 1968 and that the public hearing on the rezoning petition of 011ie Tacket be held at this time. The motion was seconded by Walter Brown and approved. There being no -further business the meeting was adjourned. ATTEST: ERNEST JACKS, SECRETARY • 0 APPROVED: CLARK McCLINTON, CHAIRMAN