HomeMy WebLinkAbout1968-03-26 MinutesMIAUTES OF THE CITY PLANNING C01-2iISSION MEETING
The City Planning Commission met in a special meeting Tuesday, March 26, 1968
• in the Directors' Room of the City Administration Building.
Members present: Allan Gilbert, Walter Brown, Roy Clinton, Slade Fincher,
Byron Boyd, James Mashburn, Ernest Jacks and Morton Gitelman.
Members absent: Clark McClinton
Others present: Gerald Fox, Harold Lieberenz, Ben Winborn, Walter Niblock,
Mahlon Gibson, Bill Dodge, Glen fling, Mike O'Malley and
twenty-three interested persons.
The meeting was called to order by the Vice -Chairman, Allan Gilbert.
The first item of business on the agenda was the rezoning petition of J.W. Eoff,
and Marie Eoff for property located on Highway 71 South at Twenty -Second Street.
The Vice -Chairman asked if anyone was present representing this petition. No
one spoke.
Mr. Gilbert asked if anyone wished to be heard in opposition to this petition.
There was no opposition and after general discussion among the Planning Commission
members regarding the size and location of the property, the hearing on this
petition was closed.
The next business was the rezoning petition of P.R. Green,Louise Cravens Lane
and Marie Eoff for property located at the southeast corner of the intersection
• of Lafayette Street and College Avenue. Mr. Gilbert asked for the proponents
to be heard.
Kr. Halter Niblock, Attorney for Safeway Stores Incorporated and the property
ormers gave a summary of the present zoning of the property. He pointed out
that the commercial zone runs 210' feet East from College Avenue leaving
portions of the three lots in question in the R-2 zone. The East 53 feet of the
property owned by Marie Eoff, the East 60 feet of the property owned by Louise
Cravens Lane and the East 15 feet of the lot owned by Mr. P.R. Green are all in
this R-2 zone.,.
11r. Niblock explained that the commercial zone could, underthe present zoning
regulations, be extended 25 feet. This would leave the East 28 feet of the Eoff
property and 35 feet of the Lane property in the R-2 zone. The petitioners have
asked that the balance of their propertys lying east of the C-2 line be rezoned
from R-2 to C-2 by reason that the land east of this commercial zone will become a
'no mans land' as there would be insufficient lot area for use as residential
property, leaving this property with no purpose for anyone.
He further pointed out that in the interests of better'land use planning' the
property would be better used as one business location that for three separate
businesses. Mr. Niblock pointed out that the property in this area is now be-
ing used for apartments either as conforming or non -conforming uses. The
property to the South is used for a motel, North is a service station and the
Ben Franklin Store.
• Roy Clinton asked how many parking spaces are allowed in the plans. Mr. Dodge
answered that he hasn't sure of the exact amount but approximately 110 spaces
and if the rezoning is approved, Safeway Stores Incorporated plan to attempt to
purchase the Service Station on the corner and remove it to provide additional
parking.
I:in. 3/26/68 (2)
Walter Brown asked how the additional traffic would be handled. Mr. Dodge
said the traffic situation would be better here than at the present location
of the store due to the traffic light at this intersection.
• Ernest Jacks asked if the new store would be approximately the same size as
the present one.
Mr. Dodge answered that the new store would be about 2000 feet larger.
iir. Gilbert pointed out the plans indicating an 81 concrete bumper along
the east side of the proprty. He asked if there would be a screen or fence
along the property line? Mr. Niblock showed photographs showing the type of
screening used.at some of the Safeway Stores. He said it is anticipated that
a screen of this type might be erected at the East property line.
Mr. Glen Wing, Attorney representing the Neighborhood property owners, presented
four petitions with 58 signatuaes of 'interested and affected property owners',
objecting to the granting of this petition for rezoning. Mr. Wing said he
assumed the status and object of the Planning Commission is to look to the
development of the City as a whole and that they are not concerned with particular
problems of individual parties involved. He went on to point out that the
Safeway store was one of the first commercial activities along North College
Avenue, this was the start of the commercial zone. Safeway, at their present loc-
ation has an enormous parking lot which is apparently adequate for their store.
However, if a new store is built at the location in question it will be across the
street from a large super maket, IGA. Mr. Wing said he felt this wrill result in
people parking at one store while shopping at both, increasing the pedestrians
crossing at this intersection, which is already so busy that a City Patolman
• is required to help the school children across the street as they come and go
from the school. He said ther were more parking spaces at the old store.
Mr. Dodge disagreed explaining that there would be more and better parking at
the new location.
Ifir. Wing pointed out that the traffic cannot get back onto College Avenue
from the parking area and would therefore have to egress onto Lafayette Avenue
creating additional traffic problems. He said he felt the real question was
wheter or not this is a necessary location.
He explained that he did not feel this would be in the best public interest,
that this is the first attempt to extend the C-2 zone beyond the 2101. He
went on to say that if this building is constructed as shown all traffic and
park# would be along Lafayette. He said he -felt there was no need for this and
feels that no ones selfish interests should be considered.
Diary Francis Newborn, 403 North Washington Avenue, said they own property at
the Northwest corner of the intersection of Washington Avenue and Lafayette St.
and that they were here when the first zoning was started. They have apartments
in this location which are rented to long time residents and she feels these
people should be considered. She pointed out that at the present time there
isn't any commercial property on Lafayette and moving the zone back 53' would
effect them. The bright lights in the shopping area, if moved back 53' would
effect the type of rentals they could attract. She asked what they could
depend on if people can throw separate pieces of property togethtr for rezoning.
is
She added, we do violently object to this.
Kr. Gilbert asked if anyone else Wished to be heard in opposition to this rezoning.
No one spoke.
Nin. 3/26/68 (3)
Kr. Niblock asked for permission to speak. He pointed out that the question
• had been raised as to what was in the best interests of the City. The
businesses are presently mobing out of the dorm torn area along the highways
inall directions and it would be to the economic advantage of the central down-
town area to keep this business closer. He pointed out that the best use of the
property must be considered, that this is a growing town and this would be one
step toward improved services and conditions. The new by-pass will relieve some
of the traffic problem.
Mr. Dodge said he had bean employed with Safeway Stores Incorporated for about
15 years, and this plan provides more parking space in relation to the building
size than is normal.
lir. Niblock pointed out that the building could be relocated on the lot to face
College Avenue if this would be more acceptible. He also mentioned that this had
been referred to as 'spot zoning'. This cannot be considered as spot zoning as it
is an extension of an existing zone.
Mr. :Ming refered to the sketch of the proposed location. There are thirteen
parking spaces along the East property line. Therefore, if the property is not re-
zoned it would only be a loss of these parking spaces. He again brought out that
people would be crossing at this intersection to shop both of the grocery stores
causing more traffic problems.
lir. Gilbert asked if there were further questions from the Planning Commission
members. Mr. Gitelman asked if the petitioners had considered the possiblity
• of useing the 251 additional zoning which they are allowed and leaving the bal-
ance of these lots in the R-2 zone.
Fir. Dodge said this had been considered bu t the entire lots will be needed to
complete the project as planned. He pointed out that parking is not a problem
at the present location, the planning and location of this store is obsolete.
Mr. Gitelman asked if Safeway would find this location as desirealle if left
turns from College onto.Lafayette are prohibited. lair. Dodge said this would
most certainly effect them.
The Chairman asked if anyone else wished to he heard either for or against
this petition.
Mr. Robert Logan, 310 Highland, spoke in favor of the petition saying he had
lived in Fayetteville for a number of years and had seen the first zoning on
College Avenue. He said he was curious where the figure of 210, came from as is
seems unreasonable. He expressed the opinion that the area East of Collebe Ave.
had been a dead spot for Fayetteville and no great harm would be done to anyone
if this rezoning is approved.
Mrs. Newborn asked if this zoning district goes back this far, Trill Washington
Avenue be made a backyard for commercial activity on College Avenue?
Mr. Gilbert felt the purpose of the public hearing on this petition had been
served and therefore closed this hearing.
• The petition of Hen Winborn for rezoning of property located North of Highway 45
and East of Old Mire Road was heard next.
Mr. Idinborn explained that the proeprty had R -1A restrictions be covenants at
the time of annexation. He wishes to develop the property in question as a
Alin. 3/26/68 (4)
subdivision and order to meet the lot size requirements needs to have the
propbrty rezoned.
• Air. Gilbert asked if anyone wished to be heard in opposition to this petition.
No one spoke so the hearing was considered closed. This completed the public
hearings scheduled for this date.
Vice -Chairman, Gilbert, asked for the members feelings on the petition of
J.W. Eoff and Marie Eof£,
A:orton Gitelman moved that the Planning Commission recommend to the Board
of Directors that an Ordinance be enacted for the purpose of rezoning the
property of J.II. Eoff and Marie Eoff, located on Highway 71 South at Twenty-
second street., from 0-1, Open Land District, to C-2, Thoroughfare Commercial
District, as petitioned. The motion was seconded by ?-lade Fincher and app-
roved unanimously,
:Tye 8H :� RESOLTTIOIQ PC ll -68 ;F - r��8 88, ; %
6'Hff'REAS, a public hearing was held by the Planning Commission, Tuesday,
March 26, 1968, fifteen (15) days after a sign was erected upon the property
and after a notice was published in the Northwest Arkansas times, a news-
paper 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 J.?•l. Eoff_
and Marie Eoff.
• NO61, THEREFORE, BE IT RECON?4ENDED BY THE CITY PLANNING C0714ISSION TO
THE BOARD OF DIRECTORS OF TIE; 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.
LEGAL DESCRIPTION:
Part of the Nn•ln, of the AIEw of Section 28, T -16-N, R-30-141, described
as: Beginning at a point which is 367.66 feet West of the NE corner
of said 40 acre tract, and running thence South 101 27' West with the
middle of the ditch or branch 201 feet to the center of a 20 foot
roadway, thence North 7820 ?Nest with the centerline of said roadway
to the center line of U.S. Highway .71, thence North 120 22' East with
the center line of said Highway, 72 rods on to the North line of said
forty -acre tract, thence East 484.34 feet to the beginning point, con-
taini.Tig 1.76 acres, more or less, subject to an easement over and upon
the South 10 feet of the above described tract, which together with
a 10 foot strip lying South of said tract for use as a roadway extend-
ing from the Southeast corenr of said above described tract to the
center line of U.S. Highway 71, less and except the following, to-vrit:
Part of the Ni42 of the NES of Section 28, T-16- AT F.-30-11, described
as beginning at a point 350 feet East of the center line of U.S. Highway
71 and 818 feet East of the Northwest corner of said 40 acre tract,
and running thence East 65 feet for a beginning point for the land
herein conveyed, thence East 69.3 feet, thence South 90 30' :•lest 189
• feet, thence North 78° 30' West 74 feet, thence 110 30' East 176.4 feet
to the point of beginning.
SECTION 2. That the above-described property be rezoned from 0-1,
Open Land District, to C-2, Thoroughfare Commercial District, so that the
petitioners may develop the property for commercial use.
Min. 3/26/66 (5)
• APPROVED:
CLARK I•ScCLINTON, CHAIRIAN
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The Vice -Chairman asked for the Planning Commission's action on the re-
zoning petition of P.R. Green, Marie Clark Eoff and Louise Cravens Lane
for their property on Lafayette Street and College Avenue,
Walter Brown moved that the Planning Commission deny the petition of
P.R. Green, Iiarie Clark Eoff and Louise Craven Lane, for rezoning from
R-2, Two Family Residential District, to C-2, Thoroughfare Commercial
District. The notion was seconded by Morton Gitelman.
IMade Fincher moved that siad rezoning petition be tabled, there was
no second to this motion.
Roy ClintonOsaidhe feels perhaps the legal advice of the City Attorney,
is needed as tb whether or no the 25' extension of the zone can be made.
• Harold Lieberenz, City Building Inspector, explained that this is a part
of the Zoning Ordinance.
Jame s Mashburn asked where the 210' zoning line originated. He felt it
would be more reasonable to follow lot lines to keep from splitting someone's
property into two zones.
Harold Lieberenz explianed that the 210' was shoam on the original zoning
map which accompanied the Zoning Ordinance at the time of the passage of
this Ordinance. He pointed out that it would almost be impossible to fol-
low property lines.
Ernest .lacks explained that it is normal practice to follow a half block
line ,for zoning purposes. He asked Air. Dodge why they would be completly
unable to plan this store without this additional rezoning.
Mr. Dodge answered that they would prefer to face their store on College
Avenue and need the additional space for trucks serviceing the store at
the back.
Mr. Gerald.Fox, City Manager, presented aletter written by Harold Lieberenz,
which the City Attornery had seen and concurred, in which he explained the
zoning line in relation to the three propertys involved, setting the boun-
dary east of College for the C-2 zone at 2101.
40 effect
Allan Gilbert remarked that he does not feel the new Hiway Bypass will
effect the traffic situation on North College to any great extent. He then
called for a vote of the motion to dere this petition as made and seconded,
and the folloti•rM vote zras recorded: CCsitel rmn, Brown, Gilbert, Boyd and
Jacks 'AYE', Clinton, Fincher and A�ashburn NAY'. There being five 'AYES'
ran. 3/26/68
(6)
and three 'NAYS, the motion was approved.
• a2ti»��� �5: ti tie RESOLUTION PC 12-68 H S81
WHEREAS, a public hearing was held by the Planning Commission,Tuesday,
March 26, 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 P.R.
Green, Louise Cravens Lane and Marie Eoff.
NOW, TIEREFORE, BE IT RECOM!v:ENDED 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 des-
cribed as follows from R-2, Two Family Residential District, to C-2, Thor-
oughfare Commercial District,be denied.
LEGAL DESCRIPTION:
TRACT "A"
The east fifteen feet of the following described property: A part of the
Northwest Quarter of the Northwest Quarter of Section 15, T -16-N, R-30-11,
described as follows: Beginning at a point four hundred ninety-two and
•
seventy-five hundredths (492.75) feet North and thirty (30) feet East of
the Southwest corner of said forty acre tract, and running, thence East
two hundred twenty-five (225) feet; thence North seventy-two and seventy-
five hundredths (72.75) feet; thence West two hundred twenty-five (225)
feet to the East line of College Avenue; thence South seventy-two and
seventy-five hundredths (72.75) feet to the place of beginning and being
a part of Block 18, in Masonic Addition to the City of Fayetteville, Ark.
TRACT "B"
The East sixty (60) feet of the following described property: Part of
Block seven (7) in Masonic Addition to the City of Fayetteville, Arkansas,
described as follows, to -writ: Beginning at a point which is 633 1/4 feet
South of the Northwest corner of Section 15, T -16-N, R-30-14, and running
thence East 300 feet; thence South 12114 feet; thence West 300 feet; thence
North 12114 feet; to the point of beginning, except so much as is now used
and occupied as a part of College Avenue in the City of Fayetteville, Ark.
TRACT "C"
The East 53 feet of the following described property; a part of Block 7
in the Masonic Addition to the City of Fayetteville, Arkansas, as des-
ignated upon the plat of said Addition recorded in Deed record "V" at page
64 and more particularly described as follows, to -crit: Beginning at a
point which is 636.25 feet South and 293 feet and 5 inches east of the
Northwest corner of Sec. 15, T -16-N, R-30-11, and running, thence North
96.25 feet; thence West 53 feet and 5 inches; thence South 96.25 feet;
• thence East 53 feet and 5 inches to the point of beginning, and, also a
part of Block 7 in Masonic Addition, more particularly described as follows:
Beginning at a point which is 633 4 feet South and 233 feet East of the
Northwest corner of Sec. 15, T -16-N, R-30-11, and running thence North 12114
Feet; thence East 7 feet; thence South 121,1 feet; thence West 7 feet to the
point ofbeginning, less and except so much off the North end thereof as is
Min. 3/26/68 (7)
now embraced in Lafayette Avenue, and, a part of Block 7 in the Masonic
Addition to the City of Fayetteville, Arkansas, as designated uponthe
plat of said addition recorded in Deed record "V" at page 64, and more
• particularly described as follows, to -wit: Beginning at a point which
is 6334 feet South and 150 feet East of the Northwest corenr of Section
15, T-16-41 R -30-I1, and running thence North 1214 feet, thence East 83
feet, thence South 1211 feet, thence West 83 feet, to the point of be-
ginning, less and except so much off the North end therof as is noir em-
braced in Lafayette Avenue.
SECTION 2. That the rezoning of the above described real estate would
not presently be desireable.
PASSED AND APPROVED this 26th -day of March , 1968.
APPROVED:
CLARK McCLINTON, CHAIRMAN
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Mr. Gilbert asked for discussion on the petition of Ben AWincorn for rezoning
of his property North of Highway 45 and East of the Old Wire Road.
•
?Walter Brown aoved that the Planning Commission recommend to the Board of
Directors that an ordinance be adoptedfbr the purpose of rezoning the property
of Ben ?-!inborn from A-1 Annexed Territory District, to R -IA, Single Family
Residential District, as petitioned. The motion was seconded by Byron Boyd,
Ernest Jacks asked if Mr. AWinborn would be required to pave the access road
leading to this property.
Mr. 1•Winborn pointed out that this was a County Road at the time of annexation
to the Corporated City Limits. He explained that he hopes to .obtain other
access to the property. ,
Mr. Fox said that if a road is open and has been used by the public prior to
annexation, the City will maintain it as a gravel road.
Jim Bob Wheeler explained that he owns property on either side of the road
in wuestion and that it is not a gravel road. He added that after the water
and sewer lines have been put in he hopes to pave the street but does not
want to make that investment now and have it torn up for water and sewer lines.
Fir. Gilbert, Vice-chairman, called for avote on the motion to approve this
petition. It was approved unanimously.
"" RESOLUTION C 13-68 "=
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• ITHEREAS, a public hearing was held by the Planning Commission, Tuesday,
I•larch 26, 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
6"REAS, after the hearing the Planning Commission voted to make a
Kin, 3/26/68 (8)
recommendation to the Board of Directors on the rezoning petition of
Ben Winborn.
• NOi, THEREFORE, BE IT RECOM-11NDED BY THE CITY PL4MIKG CCZ-ISSION TO
THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
•
L J
SECTION 1. That an ordinance be adopted for the purpose of rezoning
from A-1, Annesed Territory District, to R -IA, Single Family Residential
District, the property described as follows:
LEGAL DESCRIPTION:
A part of the East half (E2) of the fractional Porthwest Quarter (1*14--)
of Section 2, T -16-N, R-30-�N, of the 5th P.M., County of I.lashington,
State of Arkansas, and beim more particularly described as follows,
to-vrit: Beginning tthe Southwest corner of the East half of the frac--
tional Northwest Quarter (N.•1y) of said Section 2, thence Korth 1273.70
feet, thence N 89° 55' E, 683.18 feet; thence South 1276.76 feet; thence
N 890 49' I1, 683.18 feet, to the point of beginning, containing, in all
20 acres more or less,
Section 2. That the above-described property be rezoned from A-1, Annexed
Territory District, to R-lA, Single Family Residential District, so that the
property may be developed for residential purposes,
APPROVED:
CLARK McCLIN^_ON, CHAIRiJAN
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Mr. Gilbert explained that Mr. Roy Clinton has asked that the matter of the
rezoning of Hrs, Wanda Yoes proprty, at the intersection of State Highways
265 and 45 be discussed further.
Mr. Clinton explained that at the time of the last meeting he had not read
IIr. Kincaid's letter of opinion regarding this matter and after reading it,
he felt the Planning Commission wouldn't have any legal grounds for intiating
a rezoning of this property.
Mr. Fox's letter to I4rs. Yoe, inviting her and Kr. B.A. Shamblin to attend
the April 16 meetin of the Planning Commission was noted and the matter was
dismissed until the next meeting.
There beim no further business the meeting was adjourned,
ATTEST:
bh-UH1 TP1tY
APPROVED:
CLARK McCLINTON, CHAIR11AN