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HomeMy WebLinkAbout1969-04-01 MinutesMINUTES OF A PLANNING COMMISSION MEETING • The Planning Commission met at 4:00 p.m. on Tuesday, April 1, 1969, in the Board Directors Room of the City Administration Building, Fayetteville, Arkansas. Members Present: Ernest Jacks, Allan Gilbert,�Roy Clinton, James Mashburn, Morton Gitelman, Walter Brown. Members Absent: Clark McClinton, Wade'.Fincher, Byron Boyd. Others Present: Harold Lieberenz, Wesley Howe, Bass Trumbo, Howell Trumbo, Joe L. Rutledge, Harold Johnson, Sturman Mackey, Jim Vizzier, J. R. Hatfield. The meeting was called to order by acting chairman, Allan Gilbert. Mr. Howe, City Manager, stated that the five meetings for the Proposed Land use Plan and Major Street Plan Ordinance have been set up for the week of May 12-16 beginning at 7:00 p.m. each night if satisfactory with the City Board of Directors. Mr. Howe also said that these meetings would be advertised to urge people to attend. The first item on the agenda was to reconsider the rezoning petition of Joe L. Rutledge which was tabled at the last meeting of the Planning Commission. Ernest Jacks explained that no one was present to represent the Rutledge case at the last meeting. • Joe Rutledge stated that he could not sell his property to build a residence on because of the drive-in theatre across from it. Mr. Jacks said that he thought the existing uses in the area were rather mixed up at the present time. Mr. Rutledge said that he did not want a beer joint or a whisky store to go in on his property. Walter Brown asked Mr. Rutledge if he has a residence on that property. Mr. Rutledge said that his house faces One Mile Road. Mr. Brown stated that a welding sh6p is adjoining the Rutledge property on the east side. Roy Clinton asked Mr. Rutledge if there was any special reason why he asked for C-2, Thoroughfare Commercial Zoning. Mr. Rutledge said that C-2, Thoroughfare Commercial, was recommended to him at the time he filed his petition. Mr. Clinton stated that C-2, Thoroughfare Commercial Zoning, does permit liquor stores. There being no one opposed and no further questions, the public hearing was declared closed. The next item on the agenda was the approval of the minutes of the January 20, 1969 and January 25, 1969 meetings. There being no additions or corrections, the minutes were approved as mailed. - 2 - • Next was the review of a proposed lot split of Vernon Wilson's property along Calvin Street. Mr. Jacks, who is on the Subdivision Committee stated that Mr. Wilson wants to sell some lots on a basis of an informal plat. Mr. Jacks said that the only difficulty was that the Subdivision Committee was of the opinion that Broadview Drive should be extended South to go through these lots. Mr. Howe asked if Calvin Street abutting the lots was paved and asked if it is guttered, looking forward to the problem of maintaining the street, he would recommend that these regulations be adhered to. Mr. Clinton stated that in his opinion if the north side of Calvin Street was to be curbed and guttered, the south side of the street would also have to be curbed and guttered; the property owners on the south side of Calvin Street have nothing to do with this subdivision. Mr. Clinton made a motion to table this petition on the advice of the City Manager and he will check with the City Attorney to find out if the Planning Commission has the authority to require Vernon Wilson to curb and gutter the street. Morton Gitelman seconded the motion and it carried with a vote of 6 ayes and no nays. Discussion of the Rutledge case was continued at this time. • Walter Brown said that he was not prepared to zone the north side of Highway 62 West for commercial use even though the south side is commercial. Mr. Jacks said that he thinks the area is zoned spotil_y at -the present time with the existing commercial uses. Mr. Clinton stated that the problem is the depth of 280 feet and that there are no definite plans for the land after it is rezoned. Mr. Vizzier said that this area was not intended to be developed commercially. Mr. Brown said that he had seen some nice residences in this area. Mr. Vizzier said that some time in the future petitioners are going to have to have a definite plan before they comey-in and ask for rezoning. Mr. Rutledge stated that around his property is Trico Welding Company, a nursery, a real estate business, and chicken houses. After a discussion of extending the time on the petition, Roy Clinton made a motion to rezone the property to C-1, instead of C-2, for a depth of 200 feet running north from Highway 62 West back 200 feet. Mr. Rutledge said that he wanted the property zoned back all the way to his • property line. -3 - Mr. Gilbert told Mr. Rutledge that if his prospective buyer has a definite • plan in mind for the property, he can then bring it before the Planning Commission for further consideration. Roy Clinton stated that the drive-in theater was his reason for making the motion to zone Mr. Rutledge's property commercially. Mr. Clinton's motion was then seconded by James Mashburn. The vote on this motion was tied with 3 ayes and 3 nays. Opposing the motion were Walter Brown, ErnestiJacks, and Morton Gitelman. A motion was made by Walter Brown to deny the petition, this motion was seconded by Morton Gitelman. This vote was also tied bK 3 ayes and 3 nays. Opposing the motion was Allan Gilbert, James Mashburn and E nest Jacks. It was decided that the case will go before the Board of Directors with no recommendation from the Planning Commission. RESOLUTION PC 11-69 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, February 25, 1969, 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 • WHEREAS, after the hearing the Planning Commission voted to table the rezoning petition of Joe L. and Madge Rutledge requesting rezoning from A-1, Annexed Territory District to C-2, Thoroughfare Commercial District of the ,property described as follows: Part of the Southwest quarter of the Northeast quarter of Section 19 in Township 16 North, Range 30 West more particu- larly described as beginning at a point which is 210 feet East of the North West corner of said forty acre tract, and running thence East 57 feet; thence South 150 East 280 feet to the North line of Highway No. 62 West; thence West along the North line of said highway 365 feet, more or less, to its intersection with the West line of said forty acre tract; thence North along said West line to a point 112 feet South of the North West corner of said forty acre tract; thence East 210 feet; thence North 112 feet to the point of beginning, containing 2.5 acres, more or less. This property is on West 62 Highway and is located on the Northeast corner of the intersection of Highway 62 West and One mile Road. WHEREAS, at a�meeting on April 1, 1969, the petition was resubmitted to the Planning Commission for consideration, however, as a result of failure to obtain a majority vote on any of the proposed motions,:the Planning Commission was unable to approve or disapprove the rezoning petition at this meeting. n lJ -4 - NOW, THEREFORE, THE PLANNING COMMISSION HEREBY FORWARDS THIS REZONING • PETITION, WITH NO RECOMMENDATIONS FROM THE PLANNING COMMISSION TO THE BOARD OF DIRECTORS FOR THEIR REVIEW AND CONSIDERATION. APPROVED this 1st day of April , 1969. APPROVED: CLARK MCCLINTON CHAIRMAN Roy Clinton stated that the land is of no use for anything but commercial property because he did not think anyone would build a residence there. Mr. Vizzier stated that he does not feel that all highways or busy streets can be zoned as commercial because we are not able to handle that much commercial property, Last on the agenda was the proposed ordinance. Acting Chairman, Allan Gilbert said that the meeting was open for general discussion and that he would like to hear from those in the audience. Harold Johnson stated that he has land along the by-pass. He asked if the d •' zoning would be spot or strip zoning. Mr. Gitelman told him that the ordinance has nothing to do with the zoning, and if he continues to live there and does nothing with his property, the proposed ordinance will not affect his property. Bass Trumbo, an attorney, said that he can see problems since the developer will have to obtain approval of his plat prior to asking for the property to be rezoned. Mr. Gitelman said that the reason rezoning is mentioned is if a person comes in for rezoning, he has to come at the same time with the plat. Mr. Trumbo stated that these two procedures should be done simultaneously to save time. Mr. Gitelman said that if the land is already rezoned, the owner should have plans for the service road when he applies for the building permit. Mr. Trumbo said that he thought that there should be some kind of provisional appeal to the Board of Directors. He said that he thinks the person should have the right to resubmit this petition if he wants to. Mr. Gitelman stated that this is a natural right. Mr. Trumbo said that he wondered about the width of 50 feet for a service road. do He said that he thought service roads usually were not as nice as city streets. -5 - Mr. Vizzier told him that the 50 foot road width requirement is for roads • being built on private property. Mr. Gitelman said to strike out item one (1) in paragraph c, Section one (1) in the proposed ordinance. Mr. J R. Hatfield, who lives on Highway 16 West, asked what side of the fence the service road would go on, or if it could go on either side. James Mashburn asked how the property owners would get across the fence if one person built his service road on the inside of the fence and another person built his service on the outside of the fence. Howell Trumbo said that the property owner would not want to build a service road for their neighbor that they themselves would not use. Mr. Hatfield said that the Highway Department put the fence along the By -Pass 4 inches over on their property and will maintain the fence. The Highway Department put the gate 6 inches on his property. ' Mr. Mashburn stated that he believes the fence needs to be between the Highway and the access road. Mr. Gilbert said that the answer is to get the Highway Department to cut the fence wherever it needs cut. • Mr. Jacks stated that he believes that the place to build the road should be specified. Mr. Gilbert said that he thinks it is best to build it on the Highway Depart- ment's land. Mr. Gitelman moved that the Proposed Ordinance be accepted with the exception of striking out Item 1 in Paragraph c, Section 1, plus recommending to the Board of Directors that the Highway 71 By -Pass and Highway 71 North to the city limits be controlled access highways. Mr. Jacks said that the controlled access for Highway o seem to be se orate from the and they By -Pass and taken North p proposed ordinance and they should be taken care of by a seperate motion. The motion was changed to include only the proposed ordinance as amended by striking out Item one (1) in Paragraph c, Section one (1). This motion was seconded by Walter Brown. The motion carried by 6 ayes and no nays. RESOLUTION PC 1249 XXXXXXXXXKXXXxxxxxxxxxxxm WHEREAS, a public hearing was held by the Planning Commission, Tuesday, April 1, 1969 fifteen (15) days after a notice containing the proposed ordi- nance was published in the Northwest Arkansas Times, a newspaper of general circulation; and -6 - WHEREAS, on April 1, 1969, the Planning Commission voted to make a recom- • mendation to the Board of Directors. NCAA, THEREFORE, BE IT RECOMMENDED BY THE PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That an ordinance be enacted for the purpose of controlling Development of Land Abutting Controlled:Access Highways and providing for access thereto. Note: See attached proposed ordinance. PASSED AND APPROVED this 1st day of April , 1969 APPROVED: CLARK MCCLINTON, CHAIRMAN Morton Gitelman then made a motion that the entire 71 By -Pass be designated,;; )•_ as a controlled access highway. The motion was seconded by Roy Clinton. This motion carried by 6 ayes and no nays. 40 ••••• • •• ••rw •••••'• ••• ••RESOLUTION PC 13-69 Xnoan=)C• • • •• •••• • WHEREAS, .�,� _ndation to the Board •Commission9 and the Planning _ � of NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That an ordinance be enacted for the purpose of designating the entire length of U. S. Highway 71 By -Pass as a controlled access Highway. PASSED AND APPROVED this 1st day of April , 1969 APPROVED: CLARK MCCLINTON CHAIRMAN Roy Clinton made a motion that Highway 71 from the intersection to the north city limits of Fayetteville be designated as a controlled access highway. Mr. 40 Gitelman seconded the motion and it carried by a vote of 6 ayes and no nays. -7 - RESOLUTION PC 14-69 XXXXXXXXXXXXXXXXXXXXXXXXXXX • WHEREAS, a meeting was held by the Planning Commission, Tuesday, April 1, 1969 and the Planning Commission voted to make a recommendation to the Board of Directors. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. Than an ordinance be enacted for the purpose of designating that section of U. S. Highway 71 from the intersection of U. S. Highway 71 By -Pass and U. S. Highway 71 Punning north to the north city limits of Fayetteville, Arkansas as a controlled access Highway. PASSED AND APPROVED this 1st day of April , 1969. APPROVED: CLARK MCCLINTON CHAIRMAN There being no further business, the meeting was adjourned at 6:05 p.m. • L_J