HomeMy WebLinkAbout1970-10-06 MinutesMINUTES OF A PLANNING COMMISSION MEETING
The Fayetteville Planning Commission met at 4:00 P.M., Tuesday,
October 6, 1970, in the Directors Room of the City Administration
Building, Fayetteville, Arkansas,
Members Present: Roy Clinton, Ernest Jacks, Clark McClinton,
Helen Edmiston, Albert Witte, Byron Boyd,
Al Donaubauer, Dr. James Mashburn.
Members Absent: Dr. Walter Brown.
Others Present: Wesley Howe, Harold Lieberenz, Wells Bone, Jerry
Sonderegger, Larry Wood, Ken Lazenby, Bill Graue,
Paul Mattke, James Walker.
Chairman Clark McClinton called the meeting to order.
Item 1 on the agenda was the rezoning petition of Kelley Brothers
Lumber & Supply for property located on the North side of Highway
71 By-pass and on the East side of Scull Creek from A-1, Agricultural
District, to R-2, Medium Density Residential District. This was
also related to Item 2, the preliminary plat of the proposed
Centerbrook Subdivision located on the above property.
Wells Bone with Kelley Brothers and Jerry Sonderegger with
McGoodwin, Williams, & Yates represented the petition for
rezoning. The subdivision plat shows the required service road
for property along a controlled access highway. The staff
i report was discussed. Mr. Bone was asked why they were
requesting R-2, were duplexes planned on some of the lots?
Mr. Bone said he thought R-1 would be adequate. Mr. Wood said
that regarding his staff report the flood line of record is
shown on the plat. He felt the engineer should calculate what
flooding might be likely to occur with the full development of
the drainage basin. Mr. Bone told Mr. Donaubauer there are 51
lots platted; he anticipates 51 structures. Mr. McClinton said
he thought straightening and flood work on the creek should be
worked out.
Roy Clinton gave a report of the Subdivision Committee's findings.
There were a few minor problems: 1. radii on streets, 2, request
for an easement across the North of the property and to Johnson
Road, 9, widening of one utility easement to 15 ft.
Mr. Clinton moved that the Planning Commission approve the rezoning
petition of Kelley Brothers Lumber & Supply to rezone to R-1 rather
than the R-2 requested. Ernest Jacks seconded the motion. It was
approved unanimously.
KELLEY BROTHERS
LUMBER
Al Donaubauer moved that the Planning Commission approve the preliminary
plat of the proposed Centerbrook Subdivision subject to the Board of
Directors approval of the rezoning petition on file and subject to CENTERBROOK SUBD.
changes recommended by the Committee. Al Witte seconded; it was Preliminary Plat
.. -
10-6-70
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The next item before the Commission was the Final Plat of Sun Valley
Addition located West of Old Wire Road and East of Butterfield
qW Subdivision, Bill Graue, Developer. Mr. Graue was present. It was
explained that the plat has been checked by the Plat Review Committee.
The easements shown are only 10 feet, but the plat was started SUN VALIEY ADDITION
processing prior to the adoption of the current subdivision Final Plat
regulations. Drainage will be channeled between Sun Valley Addition
and Butterfield Subdivision.
Helen Edmiston moved that the Final Plat for Sun Valley Addition
be accepted. Byron Boyd seconded the motion, and it was approved
unanimously.
The next item for discussion was a letter asking to withdraw the
rezoning petition of Humble 011 & Refining Company for property
located on the East side of Highway 71 and North of Stearns Road.
Helen Edmiston moved that the Planning Commission accept the
withdrawal; Byron Boyd seconded the motion; it was approved
unanimously.
Item 5 on the agenda was an informal plat to replat Lot 17,
Block 1, Oakland Hills Addition. Eunice Rudolph desires to
divide the lot at the northwest corner of Rolling Hills Drive
and Sheryl Avenue into two lots. Neither the engineer nor the
developer was present. Mr. Lieberenz explained that the street
superintendent has requested a radius of at least 20 feet. The
lots would be large enough to meet the minim,m, R-1 requirements.
The main problem is the Major Street Plan. Rolling Hills Drive
is shown as being an arterial (801) street in the future. The
present width is 62.11, wide enough for a collector street, but
lacking in width for an arterial. Larry Wood and Paul Mattke
had questioned the wisdom of widening this street. Mr. Wood
summarized his memo to the Planning Commission recommending that
the Major Street Plan be amended to show Rolling Hills Drive
as a collector. He stressed:
HUMBLE OIL & REFINING CO. I
Highway 71 North
REPIAT OF LOT 17, BLOCK 1,
OAKLAND HILLS ADDITION
(Informal Plat)
1. Present development of much of the street for residential
purposes.
2. Township Road to the South and Joyce Street to the North
also shown as arterial.
3. The probability of extending encroachment of commercial
uses into the residential sector if this were made a major
street.
4. Unless additional ROW were obtained, this could become a
Major street operating at sub -standard widths.
10-6-70 -3-
Paul Mattke agreed with Mr. Wood. He stated he thought the problem
was actually one of understanding terms, He reminded the Planning
Commission that an arterial street is one such as Highway 71 North
at 5:00 P.M.He thought the street should remain a collector,
Mr. McClinton stated he also agreed and admitted he had become
confused about the terms when this was being considered.
Mrs. Edmiston moved that the Planning Commission accept the
informal plat. The motion died for lack of a second.
Roy Clinton stated he felt the surrounding property owners should
be notified on informal plats and lot splits, Al Witte questioned
the future development of Township Road as an arterial street. He
felt removing Rolling Hills Drive from the Major Street Plan as an
arterial street was premature without further study. Roy Clinton
said he had felt the Major Street Plan should be used as a
guideline and not a hard and fast rule. He felt it should be
flexible.
Dr. Mashburn arrived at the meeting at 4:55 P.M.
Mr. Howe asked whether this plat could be approved with the
admission that Rolling Hills Drive may or may not be an arterial
street in the future? Couldn't the 20 ft. radius be required?
Dr. Mashburn stated he thought that due to terrain and location
the street would develop as a major street, anyway.
Roy Clinton moved that in the future the Planning Commission
require that on requests for lot splits and presentation of
informal plats that surrounding property owners be notified
as on regular subdivision plats, and include this plat.
Ernest Jacks seconded the motion; it was approved unanimously.
The property owners are to be notified and the Commission will
take action on this plat at the next meeting.
Item 6 on the agenda was an easement problem on the informal
plat for Lazenby's 3rd Addition, Mr. Lieberenz stated the LAZENBY'S THIRD ADDITION
problem was due to an oversight of his. In checking with the Informal Plat
utilities regarding easements after the August 18 meeting, he
had failed to check with Mr. Mattke on water and sewer requirements,
After the mylar was prepared, Mr. Mattke was hesitant to sign
it, as he felt the North-South easement was necessary. Mr. Mattke
explained that the easement would be necessary to serve the property
to the South with sewer if it should ever be developed. This is
due to the fall of the land. This was discussed thoroughly.
Mr. Lazenby said the utility companies had all told him that
the easement across the back of the.lots would not be necessary.
Ernest Jacks moved that the plat be approved and that the easements
on the South side of these 3 lots be removed and an easement of
* be established along the West side of Lot No. 3, Roy Clinton
seconded; it was approved unanimously. Mr. Lazenby was agreeable
to this. Mr. Mattke volunteered to have the City Drafting Dept,
make the necessary corrections.
106-70
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Item 7 was a public hearing to consider amending Ordinance 1747 AMEND ORDINANCE 1747
-Ah to permit a less cumbersome way of correcting the official zoning
map ,.. also to add marine
had been published in the paper.
After a short discussion Al Donaubauer moved that the Planning
Commission recommend :.
be amended as advertised, Dro Mashburn seconded. It was
approved unanimously,
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Regarding Item 8, the corrections to the official zoning map to be
initiated by the Planning Commission, Roy Clinton moved that a CORRECTIONS TO OFFICIAL
date be set for a public hearing to consider all these corrections ZONING MAP
together and that notice be published of this hearing. Dr. Mashburn
seconded. It was approved unanimously.
•' ••1.11• 1.1'1: H'1'1.1 •••
RESOLUTIO0 XXXX)MX=MnXX=
SeptemberThe minutes of the September 10 .:
Planning Commission Meetings were approved as mailed with one
correction. The minutes of September 2 are to reflect that it
is the duty of the adIding Inspector to follow on vegetation
Bennyplanted as screening where required by ordinance. (Campbell�Harris)
Winborn had been at the meeting earlier but had had to leave,
problemHe asked Roy Clinton to discuss a ...
The Major Street Plan shows Township Road extended to HighwAy 265 '
as an arterial street. Mro Winborn had a plat approved to subdivide
subdivisionproperty just South of the Township line. Township Road extended
(centerline) would run along the North boundary of this
and ruin 4 lots,
Mr. Lieberens said the City Attorney has said he feels the only relief
would be to give the full • feet right of way and appeal to the Board
of Adjustment for a variance on the 25 ft. setback. Otherwise a building
obtained,permit might not be
James Walker owns the property to the North of Winborn. He said he
might be willing to give 30 or 40 feet for street purposes, but not the
full 80 feet. Several Planning Commission members felt it would be
difficult to develop Township Road as an arterial street due to
terrain. Roy Clinton asked for a written opinion from the City Attorney
on the legal standing of the Major Street Plan. Mr. Lieberenz suggested
a committee be appointed to study this and consider the possibility of
reducing some of the street widths. Mr. McClinton said he would appoint
such a committee and asked that Larry Wood be asked to give recommendations
on arterial and collector streets, both North and South, and East and West.
The meeting was adjourned at 6:05 P.M.
l0
RESOLUTION PC 15-70
WHEREAS, a public hearing was held by the Planning Commission, Tuesday,
October 6, 1970, 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
Kelley Brothers Lumber and Supply.
NOW)
THEREFORE, BE
IT RECOMENDED 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 A-1, Agricultural District, to R-1, Low Density Residential District,
said real estate.
LEGAL DESCRIPTION:
Part of the Northeast Quarter (NE4) of the Southeast Quarter (SE4) of
Section 27 in Township 17 North of Range 30 West, being more particularly
described as follows: Beginning at the Southeast corner of said 40
acre tract, thence North 0 degrees 47 minutes West 1155 feet, thence
South 89 degrees 15 minutes West 740 feet, thence South 0 degrees
47 minutes East 430 feet, thence South 25 degrees 48 minutes East
165 feet, thence South 0 degrees 47 minutes East 425.0 feet, thence
South 65 degrees 43 minutes West 120 feet, thence South 47 degrees
15 minutes West 135 feet, thence North 89 degrees 15 minutes East
877 feet to the point of beginning, LESS Beginning at the Southeast
corner of said 40 acre tract and running thence North 0 degrees 47
minutes West 65 feet, thence South 65 degrees 59 minutes West 164.6
feet along Highway No. 71 Bypass Right of way; thence North 89 degrees
15 minutes East 151.2 feet to the place of beginning.
SECTION 2. That the above-described property be rezoned from A-1,
Agricultural District, to R-1, Law Density Residential District, so that
the petitioner may subdivide and develop said property.
PASSED AND APPROVED this 6th day of October , 1970.
APPROVED:
Clark McClinton, Chairman
RESOLUTION PC 16-70
WHEREAS, at its regular meeting on Tuesday, October 6, 1970, the
Planning Commission voted to make a recommendation to the Board of Directors
on the final subdivision plat known as Sun Valley Addition submitted by
Bill Graue and Mildred Graue, and
WHEREAS, the Planning Commission recommended that because the necessary
improvements have not been installed in said subdivision that Bill Graue and
Mildred Graue enter into and furnish the City with the necessary subdivision
contract before the Board of Directors accepts this final subdivision plat.
NOW,
THEREFORE, BE
IT RECOMMENDED BY THE CITY
PLANNING COMMISSION TO
THE BOARD
OF DIRECTORS
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
SECTION 1. The necessary subdivision contract be executed with the
City prior to the Board of Directors accepting the final subdivision plat.
SECTION 2. That the City of Fayetteville, Arkansas, accept the final
plat along with the land dedicated for streets and other public uses in the
Sun Valley Addition subdivision described as follows:
A part of the Northeast Quarter of the Southwest Quarter of Section 36,
Township 17 North, Range 30 West of the Fifth Principle Meridian,
Washington County, Arkansas, being more particularly described as
follows: Beginning at a point that is 38.0 feet East from the South-
41
west corner of said 40 Acre tract; thence South 89°57' East 262.50 feet;
thence North 11°301 East 1890.00 feet; thence North 71°50' West 259.03
feet; thence South 11°301 West 1972.20 feet to the point of beginning
and containing 11.56 acres, more or less.
PASSED AND APPROVED this 6th day of October , 1970.
ATTEST:
Ernest Jacks, Secretary
APPROVED:
Clark McClinton, Chairman
RESOLUTION PC 17-70
WHEREAS, a public hearing was held by the Planning Commission, Tuesday,
October 6, 1970, fifteen (15) days 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 amendment of Ordinance
No. 1747 to permit a less cumbersome way of amending the official zoning
district map and also to add "marine craft sales and service establishment
to Use Unit 17,
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 proposed ordinance attached hereto and marked
"Exhibit to Accompany Resolution PC 17-70" be adopted for the purpose of
amending Ordinance No. 1747 to permit a less cumbersome way of amending
the official zoning district map.
SECTION 2. That an ordinance be adopted for the purpose of amending
Ordinance No. 1747 by adding "marine craft sales and service establishment"
to Article 6, Use Unit 17.
PASSED AND APPROVED this 6th day of October , 1970•
ATTEST:
Ernest Jacks, Secretary
a
APPROVED:
Clark McClinton, Chairman