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HomeMy WebLinkAbout1968-03-19 MinutesT•IIIRMS OF THE CITY PLAATTIING C%IIISSION I-IETING • The City Planning Commission met in a special meeting Tuesday, March 19, 1968, in the Directors Room of the City Administration Building. Members present: Allan Gilbert, Ernest Jacks, Clark McClinton Wade Fincher, Walter Brorm,Roy Clinton and James Mashburn. Members absent: Byron Boyd and Morton B. Gitelman Others present: Walter Niblock, Harwood Barry, Ed Warmack, J. Bert Curtsinger, Harold Lieberenz, Jim Vizzier, T-ike 01111alley and Melvin Bell. The meeting was called to order by Clark McClinton, Chairman. The minutes of the meeting of February 20 were approved as mailed on motion by Ernest Jacks, seconded by Walter Brown, The rezoning petition of Ed Warmack was the next item of business. Mr. McClinton reviewed the discussion held on this petition at the February 20 meeting, at which time the members had voted to table the petition in order to obtain an opinion from the City Attorney as to whether or not the R -P zoned pro- perty could be used for parking for the commercial property to the West of it and also if the Planning Commission could petition for the closing of Lee Avenue from Bertha Street north to the property in question. Mr. McClinton read the letter from 11r. Kincaid in which he expressed the opinion that the R -P property • could not be used for parking for the Commercial zone and that the Planning Commission could not initiate a petition for the closing of Lee Avenue. However, he is of the opinion that the City traffic Engineer could lawfully sign and erect baricades at the north end of Lee Avenue designating it as a dead end street. Roy Clinton explained that the reason for consideration of closing of Lee Avenue had been due to the probability of truck traffic servicing the store using this street. He pointed out that customer use of the street would be expected due to the heavy traffic flow on Highiray 71 and if the City Traffic Engineer could close the street to truck traffic this would solve the main problem. Walter Brown was of the opinion that an ordinance would have to be enacted to close the street to trucks. The Chairman, Clark McClinton pointed out that this street eould be:closed to truck traffic by the Board of Directors. ':falter Niblock, Attorney for the applicants;.exTlained that Kroger stores are serviced by their own trucks, he -presented a letter dated A;arch 6, 1968, from Mr. R.E. Sprigg, Manager of the Kroger Company Real Estate Department, Mir. McClinton read the letter to the members the contents of which stated that "The Droger Co., will instruct its truck drivers and all vendors serving the store to ingress and egress from Highway 71 during the primary tern of our lease and any renewals thereof." Mr. McClinton said he had driven out to this property in • question and there is one residence facing on Lee Avenue, the remaining houses face on Harold and Bertha Streets. There was further discussion of future development on Lee Avenue. It was brought out that the fire station is located on Lots 6 and 7 at the intersection of Harold Street and Lee Avenue. Pain. 3/19/68 (2 ) Halter Brown said he was opposed to the rezoning of this property as this is taking a further 'bite' into the residential areas which we (Planning • Commission) should be protecting. He pointed out that this would make a commercial lot with a depth exceeding 6001. Ernest Jacks felt the depth of the commercial zone was not of great im- portance, he pointed out that the property in question was not suitable for residential property. Mr. Jacks said he thought a buffer zone should be established between the commercial and residential zones. The Chairman read the minutes of the Planning Comsission meetings of June 27 and July 5, 1963, the time of the original rezoning of this property. It was shorn that the Planning Commissions recommendation to the City Council was that the property be rezoned from R -1B, Single Family Residential District, to R -P, Professional Office Residential District. The City Council enacted Ordinance No. 1359 rezoning the east 140 feet of the property to R -P, and the remainder to C-2, Thoroughfare Commercial. Ips. McClinton said he was in favor of a buffer zone between the commercial and residential property to prevent commercial use from going back to the property lines of the residences fac- ing on Martin Avenue, Mr. Fincher asked the applicants how close their building would be to the rear property line. Mr. Niblock explained that the building mould be 60' from the property line and that there would be a paved service driveway running north and south at the rear of the building. He said the existing hedge would be improved and a fence erected along the property line to prevent trash from blowing across into • the yards of the residences facing Martin. Mr. McClinton asked if there was any opposition expressed at the public hearing. IIr. Niblock explained that Mr. Charles Harvey had appeared at the meeting and was opposed until the complete plans had been explained and he had then said he did not oppose this rezoning. Mr. Ed Warmack, owner of the property in question, said the lease agreement with Kroger was based on the plans as presented to the Planning Commission, he explained that Kroger would be bound by this lease to develop the property according to the plans. Mr. blade Fincher moved that the Planning Commission recommend to the Board of Directors that an Ordinance be adopted for the purpose of rezoning the pro- perty of Ed Warmack from R -P to C-2 as petitioned, the motion was seconded by Allan Gilbert. ?:alter Brown said that in his opinion a buffer zone should be left. Mr. Fincher said he felt the 60' set -back from the rear property line was sufficient to serve as a buffer. Dr. Mashburn arrived at the meeting. • Roy Clinton pointed out that if a buffer zone were left zoned as R -P, Profess= Min. 3/19/68 (3) on the motion was called for and recorded as follows: McClinton, Mashburn, Jacks, Gilbert, Clinton and Fincher 'AYE', Brown 'NAY', there being sic 'AYES' • and one 'NAY' the motion was approved. ;Ytini LiiSH RESOLUTION PC 10-68 1-Hr,REAS, a public hearing was held by the Planning Commission, Tuesday, February 20, 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 IrREREAS, after the hearing the Planning Commission voted on March 19, 1968 to make a recommendation to the Board of Directors on the rezoning petition of Ed Warmack. NOW, THEREFORE, BE IT RECOIvEENDED 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 R -P, Professional Office Residential District, to C-2, Thoroughfare Commercial Distirct, the property described as follows: LEGAL DESCRIPTION: A part of the SEI of the SEP of Section 26, T -17-N, R -30-W, more particularly described as follows: commencing at a point 210 feet • south of the Yd corner of said 40 acre tract thence East 420 feet, thence North,30 feet, thence East 260 feet, for a beginning point; thence South 465 feet; thence West 140 feet; thence North 465 feet; thence East 140 feet to the point of beginning. SECTION 2. That the above-described property be rezoned from R -P, Professional Office Residential District, to C-2, Thoroughfare Commercial District, so that the petitioner may develop the property for commercial use. PASSED AND APPROVED this 19th day of March , 1968. Approved: Clark McClinton, Chairman Mr. McClinton pointed out to the petitioners that this had been approved on the basis of the development plans as presented and asked that Mr. Niblock inform the Planning Commission if for any reason the property was not going to be used as planned so that action could be taken by the Planning Commission to • reconsider this rezoning before other commercial use was started on the property. The petitioners were dismissed and left the Directors' Room. The next item of business was consideration by the Planning Commission of a restudy of the rezoning of property at the intersection of State Highways 265 and 45. Min. 3/19/68 (4) Air. McClinton read a letter dated March 5, 1968, from Mr. Gerald Fox, City Manager. The letter stated that the Board of Directors requested • the Planning Commission to make this restudy and would request that the Planning Commission hold a public hearing to rezone all or a part of the property back to a more restrictive zone. The property concerned is a tract of approximately 44 acres which was zoned October, 1967 from 0-1 to C-2, Thoroughfare Commercial District, Mr. McClinton read a letter of opinion from the City Attorney, Hugh Kincaid regarding the legality of a rezoning petition initiated by the Planning Commission. This letter is on file in the Office of City Planning. The letter pointed out that any restudy of rezoning by the Planning Commission would require the consent of all members present. He explained tha t the original petition for rezoning was signed by Clay Yoe and Wanda Lucille Yoe and therefore the death of Air. Yoe could not be considered as a change of ownership, Air. McClinton went on to explain that he had talked to a Doctor who has purchased a part of the property and the Doctor is of the opinion that Mrs. Yoe is more restrictive of the development of this property than Mr. Yoe would have been. Allan Gilbert expressed his opinion that the rezoning of a large tract of this nature is more sensible than the spot zoning which has been done lately. This sets aside a definite commercial area and people asking for . spot commercial zoning in this same area could be refused on the basis of this large tract which is already set aside for commercial use. He also had • talked to Mrs. Yoe and agreed with the Doctor in that he felt Airs. Yoe would be more particular about the development of the property than Mr. Yoe would have been. Ernest Jacks said he agreed with Mr. Gilbert regarding the size of the tract, if there were some way the development of the property could be controlled. Roy Clinton pointed out that this is a forty four acre tract and Airs. Yoe is the sole owner. I£ she sells this in a piece meal fashion, the develo ment could be bad. He also expressed the opinion that the traffic had not bee but definitely should be, considered. Clark McClinton asked if there was a control for commercial property, like that of residential, where after one permit has been issued for an unsubdivided tract, future development would have to be approved by the Planning Commission, Jim Vizzier answered that there isn't any control of this type for commercial or industrial districts. Mr. McClinton suggested that perhaps the property could be rezoned to R -P, Professional Office Residential District or the size of the commercial zone reduced and a part of the property rezoned. Dr. Mashburn pointed out that this is the property of a widow and he feels that the Planning Commission should not take her property, which is valued at a given • amount due to the zone, rezone it and thereby reduce the value of the property. The Chairman expressed the opinion that if this property is rezoned, by the request cf the Planning Commission, it will probably result in a court case. Mr. Vizzier pointed out that this case along with other cases considered for rezoning should be studied by guidelines of what type of property is needed. Min. 3/19/68 (5) • Walter Brown asked Jim Vizzier his opinion of the commercial zoning of the property in question. Mr. Vizzier said he felt this was a good location but this zoning was premature. Allan Gilbert said he believed that this restudy should be discussed with Mrs. Yoe before any action is taken. Mr. McClinton agreed and appointed Mr. Gilbert and Mr. Clinton to contact Mrs. Yoe and discuss the matter with her. Mr. Gilbert felt it would be better to invite Mrs. Yoe to the next Planning Commission meeting to discuss this. He suggested that the Planning Administrator write airs. Yoe to invite her to the meeting and that Mr. Clinton contact her by telephone and explain th situation. The members agreed to this and Mrs. Yoe will be invited to attend the meeting to be held March 26. The next items of business were the presentation of Subdivision plats f6r approval. The first to be considered was the Replat of Lots 1 thru 9, Block 1 of Red Arrow Subdivision No. 1 and Lots 7 thru 18, Block 1, of Red Arrow Subdivision No. 2. Mr. Lieberenz explianed that the purpose of this plat is to maj(e the platted utility easement to agree with the actual location of the utilities. • Ernest Jacks made a motion that the Planning Commission approve the sketch of the Replat of Lots 1 thru 9 in Block 1 of Red Arrow No. 1, and Lots 7 thru 18 in Block 1 of Red Arsa�LSubdivision No. 2 and accept as a final informal sub- division plat. The motion was seconded by Walter Brown adn approved unanimously. The Engineer is to be instructed to prepare a regular 'Final Plat' form for rec- ording in the County Court House. The replat of Block 2 of the Replat of Lots 20 and 21 of Green Acres Addition was presented to the Planning Commission, Mr. Lieberenz explianed that this replat also involved a utility easement. The easement was originally platted 20' wide, the Subdivision Regulations require 10' and the purpose of this replat is to reduce this easement to 101. The utility companies are in agreement with this. Ernest Jacks made a motion that the Planning Commission accept this sketch of the replat_of Block 2 of the Regal o Iq. 20 and. 21L oKS;een.Acres Addit on and approve as a Ina informal subdivision plat. The motion was seconded by halter Brown and unanimously approved. The Engineer is to be instructed to prepare a final plat form for the City to record in the Court House. Mr. Lieberenz explained the Replat, of Tota R, 9.10 and part of Lot 7 of Block 5 of Oaks Manor Addition. This property is all in single ownership and the replat removes the lot lines as originally platte d making this one platted lot and moves the utility easements to the West property line. There are no problems with the Utility Companies. • Ernest Jacks moved that the Planning Commission approve the sketch of this replat as submitted and accept as a final ifformal subdivision plat. The motion was seconded by Wa3.lter Brown and approved without opposition. The Engineer is to be instrwobed to prepare a regular 'Final Plat' form and submit to the City for filing in the County Court House. Kin. 3/19/68 (6) The Px�r ddition preliminary subdivision plat was presented to the Planning Commission. Mr. Lieberenz explained that there is a drainage • problem, but in talking with the Engineer this can be worked out. Only a part of the property shown is planned for immediated development. All other probe]ms can be worked out and completed on the 'Final Plat'. Ernest Jacks moved that the Planning Commission approve the Preliminary Subdivision Plat of Brophy Addition subject to approval by the City Engineer of the street paving plans, and the drainage, sewer and water distribution system. The motion was seconded by Roy Clinton and approved unanimously. The preliminary subdivision plat of Glendale Addition was presented. Mr. Lieberenz said there were no major problems on this plat, the corrections which need to be made can be done on the final plat. Ernest Jacks recommended that the Planning Commission approve this preliminary plat of Glendale Addition subject to approval by the City Engineer of the street paving plans and the drainage and water distribution system. The motion was seconded by James Mashburn and approved unanimously. Thea;o Subdivision preliminary plat was considered next and Mr. Lieberenz explained that most of the problems on this had been worked out with the Engineer. Ernest Jacks recommended that the Planning Commission approve this preliminary subdivision plat subject to approval by the City Engineer of all street paving plans and the drainage and water distribution system. The motion was seconded by Roy Clinton and approved. • CounTry Club F e preliminary subdivision plat was considered nest. Melvin Bell, Engineer for this subdivision pointed out that the Utility Companies had been granted the easements required, the adjacent property owners signatures had been obtained. He is working out the water and sewer problems with the City Engineer. One problem iemaining is construction of the elevated water storage tank, this will be taken care of. The Chairman asked Mr. Lieberenz for his recommendation. Mr. Lieberenz suggested the preliminary plat be approved subject to working out the street paving plans, drainage, sewer and water distribution systems with the City Engineer and other minor changes required with the Building Inspectors Office. Ernest Jacks asked if access to this property would be available other than on Twenty-fourth Street. Dir. McClinton pointed out that the property owner cannot be required to provide additional access, however, the streets should be platted in a manner that would allow additional access in the future. Ernest Jacks moved that this preliminary plat be approved subject to the conditions as recommended by Mr. Lieberenz, Building Inspector, the motion was seconded by James Mashburn and approved unanimously. The next item of business was a Quitclaim Deed to the City of Fayetteville by is Miss Audie V. Millsap for a 10 foot strip of land along the north boundary of I•fillsap Road. Mr. Fox asked for the Planning Commission's recommendation on this matter. Ernest Jacks moved that this 'Deed' be accepted as presented. The motion was seconded by James Mashburn and approved unanimously. There being no further business the meeting was adjourned.