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HomeMy WebLinkAbout1970-08-18 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, August 18, 1970, in the Directors Room of the City Administration Building, Fayetteville, Arkansas. Members Present: Al Donaubauer, Ernest Jacks, Roy Clinton, Helen Edmiston, Dr. Walter Brown, Dr. James Mashburn, Byron Boyd. Members Absent: Morton Gitelman, Clark McClinton. ® Others Present: Tom Campbell, Maupin Cummings, Ralph Goff, Jr., Ken Lazenby, E. McClelland, R. L. Utley, Fred aHanna, Benny Winborn, Larry Wood, Harold Lieberenz, George Suggs, Mrs. Georgia Burge, R. T. Purdy, W Eleanor Barnes. 0 Vice -Chairman Al Donaubauer presided and called the meeting to order. The first item on the agenda, a rezoning petition of Red Arrow LTJ Land Company, Inc., for property located on the North side of RED ARROW LAND COMPANY (n Highway 45 and East of Fairview Cemetery from R-1, Low Density Q Residential District, to R-2, Medium Density Residential District, IS LQ was withdrawn because the latest Zoning Ordinance (1747) as a° worded will permit the desired use. 0 g The second item on the agenda was a rezoning petition of Campbell- Z) Harris Electric, Inc. for property located on the West side of X Highway 71 South and South of Cato Springs Road from G-2, CAMPBELL -HARRIS ELECTRIC O Thoroughfare Commercial District, and R-1, Low Density Residential District, to I-1, Heavy Commercial and Light Industrial District. .i Tom Campbell represented the petition. He stated he had purchased the property about a year and a half ago with the intention of eventually erecting a new building on the lot and moving to this location. In the meantime, the new zoning ordinance has placed his business in a different zoning classification. Under the old ordinance electrical contractors were permitted in C-2; under the new ordinance electrical contractors are permitted in I-1. Roy Clinton asked whether Mr. Campbell planned to surround the property with a chain link fence for security purposes. Mr. Campbell stated they did want to fence at least the West portion. Several chicken houses have been removed from the site; another building is to be removed; but the dwelling will remain at least for the time being. Mr. Donaubauer read a portion of the Staff Report. The Report was favorable to the zoning change. Since the property is more than one acre, a development plan must be approved by the Planning Commission. This matter was also discussed, as Mr. Campbell would like to proceed with the new building while waiting for the ai zoning change to become official. Roy Clinton expressed the opinion I 0 8-18-70 -2- that construction of the building could be begun, but that a development plan in accordance with Article 8-11 would have to be presented and approved by the Planning Commission prior to the building being occupied. Roy Clinton moved that the Planning Commission recommend to the Board of Directors that the petition for rezoning be granted for the reasons so stated in the Staff Report. Ernest Jacks seconded the motion. It was approved unanimously. RESOLUTION PC 11-70 Item 3 on the agenda was the approval of construction plans for a recreation building on Asbell School grounds; Use Unit 4 permissible on appeal to the Planning Commission in R-1. Also, the total area is approximately 20 acres. Benny Winborn represented the appeal. Mr. Winborn stated that plans are to construct a metal building 601 X 961 of the gymnasium type which would house the adult recreation program and be used by Asbell School during the day. This is a joint venture of the School District and the City of Fayetteville, Specifications have been approved by the City Engineer according to Mr. Winborn. Mr. Jacks asked whether parking spaces would be provided with this building. Byron Boyd and Dr. James Mashburn arrived during this discussion. Dr. Mashburn moved that the construction plans be approved; Helen Edmiston seconded the motion. It was approved unanimously. Item 4 on the agenda, an Informal Plat of Irvindale Subdivision located on the North side of Poplar Street and on the West side of Green Acres Road; and Item 5 on the agenda, an Informal Plat of Lazenby 3rd Addition located on the South side of Elm Street and West of Green Acres Road, were reviewed and discussed together. This was done because the two parcels of property are in the same area and are similar in scope. ASBELL SCHOOL RECREATION BUILDING Ken Lazenby was present to represent Item 5. He stated he wished to erect 3 houses on a parcel of property but had been told it would be necessary to file an informal plat before building permits could be issued. Ernest Jacks had met with the Plat Review Committee Friday and discussed this with them. Mr. Lieberenz reported the Committee has asked for a 10 foot street dedication off the front of the property for widening of Elm Street. Elm Street is shown on the Major Street Plan as a 60 foot street. The present dedicated width is 40 feet. Also, the Committee asked for a 15 foot easement off the rear of the three lots and a 15 foot easement between two of the lots. Mr. Lazenby said he would be willing to give an LAZENBY 3rd ADDITION easement of 7 to 7J feet off the rear of the lots, but could not Informal Plat see the necessity of additional easements. Mr. Lieberenz explained that he had been informed the electrical companies lay a 7 -foot wide pad when the utilities are underground. This leaves very little for all the other utilities. Mr. McClelland, Engineer on the Informal Plat of Irvindale Subdivision, was present but did not speak. Mr. Lieberenz explained that the Plat Review Committee recommends that a 10 foot dedication be made for widening Green Acres Road to IRVINDALE SUBDIVISION collector width and that 5 foot be dedicated to widen Poplar Informal Plat J 8-18-70 -3- to the minimum width for minor streets. The Committee also asked that a 50 foot radius be provided at the intersection of the two streets; also, a 15 foot easement on the North side of the lots and between Lots 1 and 2. Since Mr. Bayles desires to use the three lots facing Poplar Street for duplexes, it was recommended that the lot widths be increased to provide at least 12,000 sq. ft. in lot area after widening Poplar Street. The next item on the agenda was a request by R. L. Utley and Fred UTLEY-HANNA B. Hanna to rule on allowance of marine craft in Use Unit 17 which Marine Craft in I-1 is permissible in I-1, Heavy Commercial and Light Industrial District, Mr. Hanna has a boat sales in this district. He desires to expand the building. In checking the zoning ordinance, it was found that Use Unit 17 does not list boats or marine craft but does list comparable uses. Marine craft is listed in Use Unit 16, but this use unit is not permitted in I-1. The Planning Commission discussed the request. Item 7 on the agenda was a review of construction plans for Sines Body Shop on the South side of Old Farmington Road and the East side of Highway 71 By-pass. The property is zoned C-2, Thoroughfare Commercial. Mr. Lieberenz stated that there are two problems involved here. (1) Access road. Mr. Sines does not wish to build an access road alongside the By-pass. (2) Large scale development. The area is more than one acre and a development plan must be SINES BODY SHOP approved by the Planning Commission before a building permit can be issued. George Suggs appeared on behalf of Mr. Sines who is out of town. He advised Mr. Donaubauer that a delay would work a hardship on Mr. Sines. Mr. Donaubauer stated he would like for Mr. Sines to get together with some of the Planning Commission members before the next meeting. Roy Clinton asked that Mr. Lieberenz check with Mr. Howe or the City Attorney to see if something definite had been worked out on the possibility of posting a bond in lieu of construction of the road at the time the property develops. Item 8 on the agenda was the Preliminary Plat of Cummings -Goff Subdivision located on the North side of Highway 45 and East of Fairview Cemetery. Ernest Jacks stated that he had met with the Plat Review Committee on this. The Committee had met twice on this plat. They felt there was a need for some order in the Preliminary Plat of development of streets along Highway 45. They recommend that CUMMINGS-DOFF SUBD, the proposed street be straightened out and widened to the 60 foot width for collectors. He illustrated how the decision was reached using a Major Street Plan overlay on a U.S.G.S. map. Also, the Committee asked that an East-West street be provided. Mr. Goff and Mr. Cummings explained that the reason the street was curved was due to a sewer easement on the property. They object to the 60 foot width as this would reduce some of the lot areas down to below the requirements for duplexes in R-1. Benny Winborn was asked to explain his plans for his property to the North. The Commission was told that Jerry Sweetser owns a large parcel of property North of Winborn's and that he would JO not subdivide this property to provide a street. 0 0 8-18-70 -4- The minutes of the July 28 and August 4, 1970 Planning�Commission Meetings were approved as mailed. The Commission returned to a discussion of the informal plats of Irvindale Subdivision and Lazenby 3rd Addition. Ernest Jacks moved that the Planning Commission approve both plats subject to the notes that the Plat Review Committee brought up and in particular subject to a review of the utility situation by the utility companies. Roy Clinton asked what would happen should the utility companies requested cross easements. Mr. Jacks said he felt the City should go along. Dr. Mashburn seconded the motion, and it was approved unanimously. IRVINDALE SUBDIVISION LAZENBY 3rd ADDITION Mr. Lieberenz asked whether the Planning Commission would grant him permission to issue one building permit in each subdivision at this time. This was discussed. The Commission seemed agreed that one could be issued for Lazenby's and left the Irvindale matter to the discretion of Mr. Lieberenz. Ernest Jacks moved that the Commission undertake to place marine MARINE CRAFT IN USE sales, etc. in Use Unit 17. Helen Edmiston seconded the motion. UNIT 17 (Utley -Hanna) It was approved unanimously to correct the zoning ordinance. U&TWUNTsIN 7MM5 • • • ••••• ••• •• The Commission asked that Mr. Sines prepare his large scale development plan and come in to the Commission with it himself. Dr. Mashburn moved that the Commission approve the preliminary CUMMINGS-GOFF SUBD* plat of Cummings -Goff Subdivision as presented as he felt a Preliminary Plat 50 foot street would be adequate. Byron Boyd seconded the motion; it was approved unanimously. Benny Winborn stated he has obtained right of way from Winwood Estates to tie into Old Wire Road via Elmwood. Mr. Donaubauer read Resolution 46-70 from the Board of Directors. This resolution referred the matter of signs and billboards back to the Planning Commission again for a more detailed study. He SIGNS & BILLBOARDS stated he thought action on this should be postponed until the next meeting. There were several persons in the audience who desired to speak on this matter: Mrs. Georgia Burge of the Fayetteville Council of Garden Clubs stated she was of the opinion that the Board of Directors was disgusted with Donrey Outdoor Advertising because they said they had not had sufficient time to work this out. She expressed the opinion they were just harassing and only concerned about dollars 8-18-70 in their pockets. Mr. R. T. Purdy stated that the only ones he could find opposing the ordinance as it is are those "with an ax to grind." He has been attending the Directors meetings and has asked people how they feel about it. He stated the opinion was practically unanimous in favor of letting the ordinance stand as is. He stated that in his opinion signs are detrimental, they deface the City and are hazards. Eleanor Barnes said it goes beyond a question of this ordinance. She thought we should study what other states have done. We will always need signs of a sort. In Hawaii they have passed regulations which limit size of signs. Vermont also limits signs and billboards. The country is much finer. She thought signs should give information. Roy Clinton referred to a letter submitted by Donald R. Newhouse regarding an advertising sign he wished to mount on the wall of Davison's Shoes. He expressed the opinion that the problem of billboards was separate from the problem of signs. Visitors to this town need to be told how to find places. Dr. Mashburn moved that this matter be tabled until the next meeting. Byron Boyd seconded the motion. It was approved unanimously. The meeting was adjourned at 6:10 P.M. RESOLUTION PC 11-70 WHEREAS, a public hearing was held by the City Planning Commission, Tuesday, August 18, 1970, 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 Campbell - Harris Electric, Inc. for rezoning; NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMNIISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILIE, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from C-2, Thoroughfare Commercial District, and R-1, Low Density Residential District, to I-1, Heavy Commercial and Light Industrial District, said real estate. A part of the Northwest Quarter of the Northeast Quarter and a part of the Northeast Quarter of the Northwest Quarter of Section twenty- eight (28), in Township sixteen (16) North, of Range thirty (30) West, all being more particularly described as follows: Beginning at a point on the West line of the right of way of U. S. Highway No. 71, which is four hundred and forty-five (445) feet due North of the South line of the first mentioned forty acre tract, and running thence West one hundred fifty (150) feet; thence North Sixty (60) feet; thence West two hundred fifty-seven and nine -tenths (257.9) feet, more or less, to the Northwest corner of the tract conveyed by Donald P. Foley and wife Hettie B. Moore, as described in deed recorded at Page 462 of Volume 371 of deed records of the County aforesaid; thence South one hundred sixty-five (165) feet to the Southwest corner of said tract; thence East three hundred forty-eight (348) feet more or less, to the West line of the right of way of U. S. Highway No. 71; thence North 30 degrees East with the West line of said right of way to the beginning point, containing one and twenty-seven hundredths (1.27) acres, more or less, and A part of the Northwest Quarter of the Northeast Quarter of Section twenty-eight (28), in Township sixteen (16) North, of Range thirty (30) West, described as follows: Beginning at a point on the West line of the right of way of Highway No. 71 which is four hundred forty-five (445) feet due North of the South line of said forty acre tract, and running, thence West one hundred fifty (150) feet; thence North sixty (60) feet; thence East to the West line of the right of way of U. S. Highway No. 71; thence South 30 degrees West with the West line of said highway to the place of beginning. SECTION 2. That the above described property be rezoned from C-2, Thoroughfare Commercial District, and R-1, Low Density Residential District, to I-1, Heavy Commercial and Light Industrial District, so that a building may be constructed for an electrical contracting firm. PASSED AND APPROVED this 18th day of August , 1970• APPROVED: Clark McClinton, Chairman RESOLUTION PC 12-70 HE IT RESOLVED, that a public hearing be called on amending Zoning Ordinance No. 1747 to permit "marine craft sales and service establishment" in Article 6, Use Unit 17. PASSED AND APPROVED this 18th day of August 1970: APPROVED: Clark McClinton, Chairman 0: