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HomeMy WebLinkAbout1969-11-18 MinutesApproved: MINUTES OF A PLANNING COMMISSION MEETING December 2, 1969 The Fayetteville Planning Commission met at 4:15 P.M., Tuesday, • November 18, 1969, in the Directors Room of the City Administration Building, Fayetteville, Arkansas. Members Present: Roy Clinton, Ernest Jacks, Clark McClinton, Morton Gitelman, Dr. James Mashburn, Allan Gilbert. Members Absent: Dr. Walter Brown, Byron Boyd, Wade Fincher. Others Present: Walter R. Niblock, Sturman Mackey, Larry Woods, Harold Lieberenz, Jim Vizzier, Hugh Kincaid, David Horne, C. T. Pearson, Jr., John A. Lavallard, Mr. & Mrs. Henry Dexter, Othelia Paul, J. E. Daniel, Lois Price, Dwaine Christian, David Malone, Mrs. Russell Paddock. Chariman Clark McClinton called the meeting to order. The Big Chief Broadcasting Company of Fayetteville, Inc. petition was passed for the time being at the request of Walter Niblock, Attorney, representing the case. The Commission heard the arguments for the rezoning petition RED ARROW LAND CO., INC. of Red Arrow Land Company, Inc., for property located approxi=. mately one-half mile North of State Highway 16 East and on the West side of State Highway 265. Rezoning requested is from • A.I. Annexed Territory District, to R-4, Multi -Family Residential and Dormitory District, Walter Niblock, Attorney, represented the petition. He stated that there was no known objection to the rezoning and that the petitioners desire to develop multi -family and duplex dwellings on said property. The Planning Commission has conditionally approved a preliminary subdivision plat on the northern four hundred feet of this tract. This was platted for single family dwellings. Roy Clinton questioned the necessity for putting a single family development into an R-4 district. Mr. Niblock did not know the reasoning of the petitioners on this matter. There being no opposition present and no further information, the public hearing was declared closed. The Commission called for the case of the rezoning petition of Thomas C. Comley for property located on the Southwest corner of THOMAS C. COMLEY the intersection of Holly Street and Storer Avenue to be rezoned from R-2, Two -Family Residential District, to R-3, Multi -Family Residential District. There being no one to either represent the petition or oppose it, the public hearing was closed. At this time, the Commission heard the petition of Gerald B. and • Anne Irl. Jones for property located on the East side of State GERALD B. & ANNE W. JONES Highway No. 112 and lying between Hickory Street and Lawson 11-15-69 .2. Street,, Rezoning requested was from R-2, Two -Family Residential District, to R-3, Multi -Family Residential District. • Hugh Kincaid, Attorney, represented the petition. He indicated that the petitioners plan to gradually remove the present structures on this property, if approved, and construct multi -family dwelling units. He stressed recent rezoning of the same order to the South and East of this property. John A. Lavallard, 940 Peel Street, asked to speak. He stated that he was neither endorsing or opposing the petition, but felt rezoning would deviate from the City planning and land use study in this particular area. Mr. McClinton replied that the Commission was giving very serious consideration to the area in question as related to density. The issue was not completely resolved as of yet. There being no further information available, the public hearing was declared closed. Next, the Commission considered the petition of C. T. Pearson, Jr. for rezoning of property located on the South side of Fifteenth Co T. PEARSON, JR. Street and to rezone from R-2, Two -Family Residential District, and I-2, Heavy Industrial District, to C-2, Thoroughfare Commercial District, Mr. Pearson represented the petition himself. He wishes to develop a mobile home park with related commercial activities on this • property. He stated that he feels a mobile home park would be a good utilization of this property. It is not presently densely populated by residences. The only commercial development in mind is a laundry and a quick food service on the Northwest corner of the property. Morton Gitelman asked if plans were for immediate development or would it be possible to delay for a month or so. Roy Clinton asked it if would be satisfactory to have the property rezoned A-1, Annexed Territory, which would allow mobile homes. Mr. Pearson stated that he wanted a portion of the Fifteenth Street frontage zoned commercial. There was no opposition present, so the public hearing was closed. At this time, the rezoning case for Big Chief Broadcasting Company of Fayetteville, Inc. was ready for presentation. BIG CHIEF BROADCASTING The property is located west of Lewis Avenue.and North of CO. OF FAYETTEVILLE, INC. Holly Street; and rezoning requested is from R -IB, Single Family Residential District, to R-4, Multi -Family Residential and Dormitory District. Walter Niblock, Attorney, represented the petition. The petitioners desire to construct a 42 -unit apartment house on this property. They plan to ask for a variance to house the radio facilities now located on this property in the apartment building. Opposing the petition were a number of people: • Henry Dexter, 1214 Vista Place, opposed and said they had moved to that neighborhood because they were retired and it was 11-18-69 -3- all single family residences in the area bounded by Sang Avenue, • Lewis Avenue, Lawson Street, and Weddington Street, except for two duplexes. He feared this would set a trend for thetother undeveloped property toward apartments also. He felt Washington Plaza was too far away to have any bearing on this case. Othelia Paul, 1229 Vista Place, opposed due to the increased element of danger to neighborhood children. It would also ruin the property values and put more traffic in the area. Only one street is noir paved --Vista Place. Mrs. Henry Dexter, 1214 Vista Place, opposed. The property in back of her faces on Lewis and is all undeveloped, except for one house and another under construction. She feels this also would be developed for multi -family units if the petition in question is approved. At the present time, this is a good place for children and blind people such as herself. One man residing in the neighborhood stated that his father had sold the tract West of Lewis to a party who plans to eventually develop it for multi -family units, if possible. Approval of this petition would set a trend in that direction and he does not want apartment units in this area. Lois Price, 1805 Holly, stated that the new house under construction in the area was hers. She has three children and definitely does not want multi -family units in the area. • J. E. Daniel, 1217 Vista Place, bought a home for retirement in July, 1968. He selected this site because it seemed to be a quiet part of ton. He made inquiries and found this was a single family residential zone. Airs. Dwaine Christian, an adjoining property owner, doesn't wish to oppose the Broadcasting Company building new facilities for themselves. However, Vista Place is the only paved street in the area. She has three children and the possible traffic problems terrify her. There being no other arguments either for or against, the public hearing was declared closed. C. T. Pearson, Jr. requested to be allured to present the case THOMAS C. COMLEY for Thomas C. Comley closed earlier for lack of information. With the Commission's indulgence, he stated that the tract adjoins property belonging to Mr. Comley and recently rezoned for apartment purposes. If rezoned, Mr. Comley plans to extend his apartment complex presently under construction, The public hearing for the Comley petition was again closed. The Site Plan of Theta Tau Fraternity for the location of a SITE PLAN • fraternity house on real estate zoned R-2, Two -Family THETA TAU FRATERNITY Residential District and located on the North side of Cleveland Street between Sunset Avenue and Hall Avenue was presented at this time. 11-18-69 -4- David Malone, Attorney, represented the case. The Fraternity wishes • to use the existing two-story, frame structure to house fifteen people. The University of Arkansas has given their approval of the use of this building. The property meets zoning requirements as to square feet and all setback requirements. Since some adjoining property owners have questioned the adequacy of the sewer system, Mr. Malone conferred with Dick Starr, former City Engineer, and Paul Matke, Water and Sewer Superintendent. They furnished him a letter stating the present sewer system is adequate for the present building and to serve a fraternity house of 15 to 20 members. Morton Gitelman asked if any provision has been made for screening along the George Liles property. There hasn't, but they were a party to the original petition. Mrs. Russell Paddock opposed the plan. She lives on Cleveland Street West of Razorback Road. She feels the sewer system inadequate. It is tied to an old private sewer put in during the World ?:gar II by a Mr. Looney. Her husband, a mechanical engineer, felt the materials and construction on this private sewer were both poor quality. They have had considerable trouble as recently as a year ago. It also serves Sunset Avenue now. The public hearing was declared closed. Discussion was resumed on the Big Chief Broadcasting BIG CHIEF BROADCASTING CO. • Company of Fayetteville, Inc, petition. Ernest Jacks OF FAYETTEVILLE, INC. made a motion for denial following the Staff recommendation against proposed land use of this area and present intrusion into single family area. Dr. James Mashburn seconded the motion and the vote was unanimous. The petition was denied. RESOLUTION PC 54-69 XXXXXXXXXXXXXXXXXXXXXX WHEREAS, a public hearing was held by the City Planning Commission, Tuesday, November 18, 1969, 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 Big Chief Broadcasting Company of Fayetteville, Inc. 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 R -1B, Single Family Residential District, to R-4, Multi -Family Residential and Dormitory District, be denied. LEGAL DESCRIPTION: • Part of the North one-half of the Southeast quarter of the Northwest quarter of Section Eight (8) in Township Sixteen (16) North of Range Thirty, (30) West, described as follows: Beginning 11-18-69 -5- at a point which is two hundred ten (210) feet West and twenty • (20) feet North of the Southeast corner of said twenty acre tract, and running, thence North three hundred forty (340) feet; thence West three hundred (300) feet; thence South three hundred forty (340) feet; thence East three hundred (300) feet to the, place of beginning, containing two and thirty-four hundredths (2.34) acres, more or less. An easement for construction and maintenance of utilities is reserved upon and across a strip eight (8) feet wide along the West side of said tract for the use and benefit of the real property abutting thereon. Part of the North half of the Southeast quarter of the Northwest quarter of Section Eight (8) in Township Sixteen (16) North of Range Thirty (30) West, described as follows: Beginning at a point twenty (20) feet North of the Southeast corner of said twenty acre tract, and running, thence North forty (40) feet; thence West two hundred ten (210) feet; thence South forty (40) feet; thence East two hundred ten (210) feet to the place of beginning, for street purposes for ingress and egress to joining properties. Lot Numbered One (1) in Harris Addition to the City of Fayetteville, Arkansas, according to the Plat thereof on file in the Office of the Circuit Clerk of Washington County, Arkansas, SECTION 2. That the rezoning of the above described real estate would not presently be desirable. • PASSED AND APPROVED this 18th day of November 1969. APPROVED: CLARK McCLINTON, CHAIRMAN The Commission considered again the rezoning petition of Red Arrow Land Company, Inc. Morton Gitelman moved the petition be tabled in view of the Staff recommendations. Ask Red RED ARROW LAND CO.. INC. Arrow to consider withdrawing until in the near future when we accept the new ordinances with provisions that would not require rezoning to accomplish their wishes. They offered Mr. Niblock an opportunity to look over the planned unit criteria. Ernest Jacks seconded the motion., Roy Clinton agreed with the motion, but offered as an alternative'R-IA, Single Family Residential Zoning, of the North 400 feet already platted. Walter Niblock urged the Commission to table the motion for the time being. Having a motion and a second, the Chairman called for a vote. The vote was unanimous to table. In regards to the Thomas C. Comley petition, Morton Gitelman THOMAS Co COMLEY moved to accept the petition and recommend rezoning for the reasons given in the Staff Report. Ernest Jacks seconded and approval • was unanimous. xxxxxxXnXxxXXxxxxxxX,LU RESOLUTION PC 55-69 xxxxxxxxxxxxxxxxtcxxxxxxxxxx 11-18-69 .6. WHEREAS, a public hearing was held by the Planning Commission, • Tuesday, November 18, 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 make a recommendation to the Board of Directors on the rezoning petition of Thomas C. Comley; 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 R-2, Two Family Residential District, to R-3, Multi - Family Residential District, said real estate. LEGAL DESCRIPTION: Lot Numbered Six (6) in Block Fifteen (15) in College Addition to the City of Fayetteville, Arkansas, as designated upon the corrected plat of the South 680 feet of said Addition and recorded 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-2, Two Family Residential District, to R-3, Multi -Family Residential District, so that the petitioner may construct apartment units on • said land which id.1 be an extension of apartments on adjoining lots. PASSED AND APPROVED this 18th day of November , 1969. APPROVED: CLARK McCLINTON, CHAIRMAN The petition of Gerald B. and Anne W. Jones for rezoning was considered again at this time. Roy Clinton moved the petition be approved contrary to the Staff Report on grounds that GERALD B. & ANNE W. JOIES although in the land use the area is shown as R-1 and R-2, it is primarily rental units on the North and a substantial number of apartments already. Perhaps Highway 112 should be the buffer line between zones rather than Oakland Avenue. There is, however, a problem of future widening of Highway 112. Dr. Mashburn felt the trend is to apartments in that area and seconded the motion. Morton Gitelman cited no R-3 zoning West of Oakland and the only access to the property is right onto Highway 112, which could create traffic problems. Under the new • Proposed Zoning Ordinance, duplex units for 42 families would be allowed. The vote was called for approval. Gitelman abstained; 11-18-69 -7- Gilbert voted against; Clinton, Jacks, and Mashburn voted "Aye." The question was unresolved and the petition was tabled after Clinton and Mashburn withdrew their motion and second. The petitioner will be • allowed to review the proposed zoning map and ordinance to see if rezoning will really be necessary. Tom Pearson's petition for rezoning was reconsidered again at this time. Roy Clinton moved that the request be amended to A-1, C. T. PEARSON, JR, Annexed Territory District, with the exception of the land running from the Northwest corner 300 feet East and 345 feet South and that that land be zoned C-1. Mr. Peason was not sure this would fulfill his needs. For lack of a second this motion was dead. Morton Gitelman noted that all this could be developed as a planned unit in R-3 under the proposed ordinance. The motion was tabled and Mr. Pearson is to be notified of the next meeting at which it will be discussed. Concerning the Theta Tau Site Plan, Dr. Mashburn moved the Plan be approved. Allan Gilbert seconded the motion. Approval was THETA TAU SITE PLAN unanimous. Morton Gitelman moved the minutes for October 21, 1969, October 28, 1969, November 4, 1969, and November 7, 1969 be approved as mailed. Roy Clinton seconded. The minutes were approved as mailed. The Planning Commission set a time to meet at 8:00 to 9:30 A.M. • Friday, November 21, 1969, to go over the final draft of the Proposed Zoning Ordinance and possibly continue their study of the Capital Improvements Plan as prepared by Jim Vizzier. The meeting was adjourned at 5:50 P.M. 0