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HomeMy WebLinkAbout1969-12-16 Minutesaw• 1,1970 MI16UMS OF A PLANNING COMMISSION MEETING • The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, December 16, 1969, in the Directors Room of the City Administration Building, Fayetteville, Arkansas. Members Present: Wade Fincher, Allan Gilbert, Dr. Walter Brown, Morton Gitelman, Ernest Jacks, Roy Clinton, Clark McClinton, Members Absent: Byron Boyd, Dr. James Mashburn, Others Present: Harold Lieberenz, Larry Wood, Sturman Mackey, Richard Hipp, Walter Niblock, Carl Tune, Ray Adams, Dr. Albright, Loris Stanton, Helen Edmiston, Gene Reece, Chairman Clark McClinton called the meeting to order. The Planning Commission considered the items listed under Other Business on the Agenda first. The Commission had a letter from (Letter) Walter R. Niblock, Attorney for Red Arrow Land Company, Inc., RED ARR0W LAND COMPANY requesting that their rezoning petition be left on table. This petition was tabled November 18, 1969. There were no objections from any of the Commission members. The petition will be left on table until it is reopened at the discretion of the Planning Commission. • C. T. Pearson, Jr, has submitted a letter requesting an extension (Letter) of the tabling of his rezoning petition, tabled November 18, 1969. C. T. PEARSON, JR. There were no objections raised.z The petition will remain on table until the Planning Commission chooses to reopen the matter. David Malone, Attorney, has submitted a letter requesting an extension of the tabling of the Harmon E. Lushbaugh, Jr, and George R. Cole, Jr. rezoning petition, tabled December 2, 1969. Dr. Walter Brown moved that the Commission resume consideration (Letter) of his denial motion made at the December 2 meeting. There HARMON E. LUSHBAUGH, JR. was no second to this motion. Hugh Kincaid, Attorney for the & opposition, asked that the petition be disposed of. Mr. McClinton GEORGE R. COLE, JR, reminded him this was not a public hearing, but a matter for the Planning Commission's consideration only. The matter was left on table. A letter was submitted requesting the extension of tabling of the (Letter) two rezoning petitions for Helen Edmiston and Edmiston Builders, HELEN EDMISTON Inc. tabled December 2, 1969. There was no objection, so the petitions will be left tabled until the Planning Commission EDMISTON BUILDERS. INC. desires to call them up again. The next item before the Commission was the rezoning petition of Edmiston Builders, Inc, for property located North and West EDMISTON BUILDERS._ INC. of the Old Wire Road from A-1, Annexed Territory District, R -]A, Single Family Residential District, and R -1B, Single Family Residential District, to R -IA, Single Family Residential District, 12-16-69 .2. and R-2, Two -Family Residential District. • Loris Stanton, Realtor and interested party, represented the petition. The petition originally contained a request for part of the property to be rezoned R-3, Multi -Family Residential District, but was later amended. Ns. Stanton gave the following as reasons for requesting R-2: As a realtor he has had a tremendous request from people for apartments on the Northeast part of tote. These people do not wish to live in a complex because of noise and crowding. Many of them are retired people who need to supplement their income. There is no property available for duplexes in the Northeast part of town. Due to the heavy traffic on Old Wire Road, it would be better for adults. Gene Reece, Route 9, (Old Wire Road) has 2 lots North of the property fronting on Old dire Road. He opposed the R-2 zoning due to the increased traffic and probable crowding of schools. He associated two-family dwellings with transient type persons who might not take care of property. He asked whether professional offices were allowed in R-2. Mr. Stanton said plat covenants would allow only residential uses and specify what types of buildings could be built and required lot areas. He presented photographs of the types of structures planned for multi -unit housing. The public hearing was declared closed. • The next item before the Planning Commission was the rezoning petition of M. Ray Adams for property located South of Poplar Street and West of Green Acres Road from R -IA, Single Family M. RAY ADAMS Residential District, to C-2, Thoroughfare Commercial District, that portion of said property not already zoned C-2, Thoroughfare Commercial District, Mr. Adams and Dr. Albright represented the petition. Dr. Albright wishes to build a professional office on the South portion of this property. Mr. Adams plans to build comparable structures on the remainder of the property himself in the future. There was no opposition present. The Planning Commission questioned why the map showed an area to the rear of the property not included in the petition. It was felt this was an error in the original map since the area is not platted out in lots. Ernest Jacks asked if R -P, Professional Office Residential District, would be satisfactory. Dr. Albright said he preferred C-2. He plans to start construction in about a month. Roy Clinton inquired whether a C-2 zoning at present with consideration of the new R-0 when the proposed zoning map and ordinance are adopted would be acceptable, as • Planning Commission has established a C-2 boundary to the West of Highway 71 North which they are trying to hold. Would the petitioners accept the future R-0 if it was zoned C-2 now? They agreed. 12-16-69 -3- The public hearing was declared closed. isThe next item for consideration was the Carl Tune petition for a rehearing. Mr. Tune's rezoning petition for property located North of North Street and East of Leverett Avenue from I-lA, CARL TUNE Light Industrial District, to C-1, Neighborhood Commercial District, was denied at the December 2, 1969 Planning Commission meeting. In order to reopen a hearing it is necessary for unanimous approval of the Planning Commission members present. Carl Tune stated a concrete plant at Lincoln was broken down and he could not get back into town in time for the last meeting. The Commission agreed to reopen the matter. Mr. Tune presented photographs and a map to illustrate the type of development he plans. Richard Hipp and Walter Niblock, attorneys, assisted in the presentation. They said that small buildings 40 X 40 and 40 X 60 are planned. Eight to ten individuals have already contacted Mr. Tune requesting space. They include: 7 - 11 grocery store, mems clothing store, obstetricians, radio - TV repair, shoe store, garden center, and an appointment only barber. They felt the appearance of the property would be greatly improved. The businesses expected would be of a different type from neighboring shopping centers. • Mr. McClinton noted that both Leverett Avenue and North Street running West from Gregg Avenue need to be widened. Mr. Tune agreed to locate buildings on his property far enough from to street to allow widening. Dr. Brown questioned whether the "observations" of Mr. Donnaubauer as recorded in the December 2 minutes were actually objections. The public hearing was declared closed. At this time the Commission considered the Preliminary Subdivision Plat of Butterfield Addition, located North and West of Old Wire PRELIMINARY SUBDIVISION Road and South and East of Oaks Manor Addition. It was noted that PLAT OF BUTTERFIELD this is the same property in the rezoning petition of Edmiston ADDITION Builders, Inc. which is also before the Commission. Speaking for the Subdivision Committee, Ernest Jacks recommended approval subject to certain requirements. Mr. Lieberenz listed the following: (1) No North arrow on plat at present; one needed. (2) Some street grades of 15% or more will necessitate concrete paving. (3) Evidence that Paul Spencer, property owner to the South has seen the plat. (4) Paving of Oakbliff Street from Loxley Avenue to East boundary of proposed subdivision; and paving of Hilldale Street from Loxley Avenue to East boundary of proposed • subdivision. 12-16-69 -4- Loris Stanton assured the Commission that Mr. Spencer's signature was on the plat. Helen Edmiston had signed for Kenneth Nelson, • but Mr. Nelson saw the plat first. Mr. Lieberenz stated that one property owner to the South had contacted the City Manager regarding streets. Mr. Clinton observed that there are no streets turning North off Township Road from the top.of the hill to the East. Could Elizabeth Avenue be stubbed out so it could eventually be extended to Township? Mr. Stanton felt this impractical due to dwellings in the area. Mr. Clinton asked about the paving to the boundaries of three streets and whose responsibility it should be. Ernest Jacks moved the preliminary plat be approved subject to the foregoing requirements. Allan Gilbert seconded the motion. Morton Gitelman asked about plat covenants. Mr. Stanton said they would conform with Oaks Manor Addition's covenants. Approval was unanimous. At this time, the Final Plat of a Replat of Lots 41 and 42 of Part 1 of Sherwood Forest Estates was presented for approval. The FINAL PIAT OF A REPLAT Subdivision Committee has recommended approval with the following OF LOTS 41 & 42, of stipulations: PART 1, SHERWOOD FOREST (1) A North arrow be put on the plat. ESTATES (2) The engineer furnish the City with a mylar print of this final plat for the various parties to sign. Roy Clinton moved that the plat be approved according to exceptions. • Allan Gilbert seconded and approval was unanimous. RESOLUTION PC 58-69 Ernest Jacks moved the minutes of the December 2, 1969 Planning Commission Meeting be approved as mailed. Allan Gilbert seconded the motion, and approval was unanimous. The Commission returned again to the rezoning petition of Edmiston Builders, Inc. Following a motion that the petition EDMISTON BUILDERS, INC. be tabled, and a second by Allan Gilbert, the petition was tabled. The petitioner was instructed to submit a letter agreeing to this tabling. When the matter is reopened, the opposition shall be notified. Regarding the M. Ray Adams petition, Dr. Brown moved that it be zoned R -P in keeping with the Staff Report. This motion died M. RAY ADAMS for lack of a second. Roy Clinton moved it be rezoned C-2 with the stipulation that the proposed zoning map may show the property bounded by Green Acres Road on the East, Poplar Street on the North, School property on the West and lying North of Dr. Murray's office as R-0 after consideration during public hearings on the proposed map. Allan Gilbert seconded. Approval was unanimous. • Dr. Walter Brown moved that the Carl Tune petition again be denied. CARL TUNE Morton Gitelman seconded. He said the Staff Report recommends 12-16-69 -5- approval, but he questioned whether it would ever be feasible to • attempt to dezone from commercial down to residential. Mr. Gitelman and Dr. Broom voted "Aye" to deny the petition. Mr. Jacks, Mr. Clinton, Allan Gilbert, Wade Fincher voted "Nay.' Roy Clinton listed the following as his reasons for voting to deny the petition at the previous meeting: (1) No one present to represent the petition; (2) He felt the petition was premature; (3) There is a problem of street width. At the present time there is no element of control over ingress and egress to such developments. The proposed zoning and subdivision ordinances would furnish some control; also the proposed curb -cut ordinance would further control development. Mr. Tune cited a very bad drainage problem which made the property unsuitable for residential use. Ernest Jacks motioned that the petition be approved. Gilbert seconded. Mr. Tune agreed to make entrances and egresses to conform with curb - cut ordinance or present State Highway Department regulations. The vote was as follows: Clinton, McClinton, Jacks, Gilbert, and Fincher "Aye." Brown and Gitelman "Nay." It was approved by a vote of 5 to 2. RESOLUTION PC 60-69 City Manager, Wesley Howe, has written the Planning Commission regarding • the use of Staff Reports. Mr. Gitelman said he felt the matter should not be resolved at this time since the City Manager was not present. Mr. Gitelman informed the members that the Supreme Court of Missouri has handed down a decision that a city cannot collect building permit fees for construction of a state hospital: Allan Gilbert suggested that Mr. Estes be invited to come before the Planning Commission and explain the plans of Washington General Hospital. He felt he would be receptive. Mr. McClinton observed that the Proposed Zoning Ordinance cannot be adopted until the Land Use Plan and Major Street Plan are adopted. After the first of the year the Planning Commission must begin public hearings on first the Land Use Plan and Major Street Plan, then on the Proposed Zoning Ordinance, Proposed Subdivision Regulations, and the Proposed Zoning Map. Mr. McClinton read a letter protesting the change in zoning of the Irvin Fitzgerald property on the Proposed Zoning Map. A list of past rezonings is being prepared to study for other changes. The meeting was adjourned at 5:50 P.M. 0 RESOLUTION PC 58-69 4REREAS, at its regular meeting on Tuesday, December 16, 1969, the Planning Commission voted to make a recommendation to the Board of Directors on the final subdivision plat known as a Replat of Lots 41 & 42, of Part 1, Sherwood Forest Estates submitted by Hayden McIlroy, Melanie P. McIlroy, and Whickerbille, Inc., and 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 City of Fayetteville, Arkansas hereby accept and confirm the final plat along with the land dedicated for streets, utility easements, and for other public uses in the subdivision described as follows: A replat of Lots 41 and 42, of Part 1, Shen -rood Forest Estates, an addition to the City of Fayetteville, Arkansas, PASSED AND APPROVED this 16th day of December , 1969. ... t1!_1 CLARK McCLINTON, CHAIRMAN • ATTEST: ERNEST JACKS, SECRETARY E • 0 RESOLUTION PC 59-69 14HEREAS, a public hearing was held by the Planning Commission Tuesday, December 16, 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 1,1HER.EAS, after the hearing the Planning Commission voted to make a recommendation to the Board of Directors on the rezoning petition of M. Ray Adams. 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 -IA, Single Family Residential District, to C-2, Thoroughfare Commercial District, that portion of said real estate not already zoned C-2, Thoroughfare Commercial District. LEGAL Part of the Northwest quarter of the Southwest quarter of Section 3, Township 16 North, Range 30 West and Part of the Southwest quarter of the Southwest quarter of Section 3, Township 16 North, Range 30 West; more particularly described as follows: Beginning at a point at the Southwest corner of the intersection of Green Acres Road and Poplar Street for a point of beginning; thence running 175 feet West, thence South 350 feet, thence East 175 feet, thence North 350 feet to the point of beginning. SECTION 2. That the above described property be rezoned from R-lA, Single Family Residential District, to C-2, Thoroughfare Commercial District, so that the petitioner may erect a doctor's office on said property. PASSED AND APPROVED this 16th day of December , 1969 APPROVED: CLARK McCLINTON, CHAIRMAN •1 • RESOLUTION PC 60-69 WHEREAS, a public hearing was held by the City Planning Commission, Tuesday, December 2, 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 that this rezoning request be denied; and WHEREAS, at a meeting of the Planning Commission held Tuesday, December 16, 1969, the petitioner appeared before the Planning Commission and requested the Planning Commission to reopen their rezoning case for further consideration and action; WHEREAS, at this meeting the Planning Commission voted to make a recommendation to the Board of Directors on the rezoning petition of Carl Tune, NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMgISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS, SECTION 1. That an ordinance be adopted for the purpose of rezoning from I -IA, Light Industrial District, to C-1, Neighborhood Commercial District, said real estate. Beginning at a point 200 feet East of the Southwest corner of the Southeast Quarter of the Northwest Quarter of Section Nine (9), Township Sixteen (16) North of Range Thirty (30) West, and running East 280 feet; thence North 600 feet; thence West 480 feet; thence South 300 feet; thence East 200 feet; thence South 300 feet to the point of beginning. SECTION 2. That the above-described property be rezoned from I -1A, Light Industrial District, to C-11 Neighborhood Commercial District so that the petitioner may build a small neighborhood shopping center on the property. PASSED AND APPROVED this 16th day of December . 1969* APPROVED: CLARK McCLINTON, CHAIRMAN