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HomeMy WebLinkAbout1970-11-17 Minutes0 11 MINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, November 17, 1970, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Albert Witte, Roy Clinton, Dr. Walter Brown, Clark McClinton, Ernest Jacks, Helen Edmiston, Members Absent: Al Donaubauer, Byron Boyd, Dr. James Mashburn. Others Present: Larry Wood, G. V. Slack, Harold Lieberenz, James Sullivan, Fred Vorsanger, Ray Trammell, Dr. & Mrs. Spencer Albright, Benny Winborn, Ellis Burgin, Paul Young, Michael Manning, Johnie Bassett, Mike McDowell, Carlos Chairman Clark McClinton called the meeting to order. The first item on the agenda was the rezoning petition of Monsanto Company for property located on the Southwest corner of the inter- section of College Avenue and Dickson Street from R-0, Residential - Office District, to C-2, Thoroughfare Commercial District. G. V. Slack represented the petition. He stated the service station has been there for 15 years. They are asking that it be made conforming, so that a sign may be changed and necessary repairs made to the building. Eventually it may be replaced. Mr. Jacks told the Commission that all the maps they worked with prior to adoption of the zoning map showed this area as R-0. A representative of First Baptist Church stated he had no objection. There was no opposition present. The public hearing was closed. The second item on the agenda was the rezoning petition of Johnie Bassett for property located on the East side of Highway 71 North and North of Stearns Street from A-1, Agricultural District, to C-2, Thoroughfare Commercial District. James Sullivan represented Mr. Bassett. He stated an earlier petition had been withdrawn due to lack of area. Mr. Bassett now requests the rezoning of the entire tract. Part of it will be sold to Humble 011. Larry Wood said he hoped they would submit a subdivision plat to solve the access problem. Mr. Lieberenz said the subdivision regulations state when you divide a parcel of land or there is a street dedication involved then it must be subdivided. It was noted that Stearns Street will have access to Highway 71 after it is improved. Carlos asked how much land the oil company would need. They did not know. There was no opposition. The public hearing was closed. Item 3 on the agenda was a public hearing to consider the University of Arkansas Master Plan. Fred Vorsanger and Ray Trammell were present from the University. Ernest Jacks stated he had researched the available information and it appeared the land use map conforms with the University plans. He suggested that the zoning map be amended to show all the lands owned by the University as P-1. He reviewed the streets involved in the Campus and on the Major Street Plan and pointed out some minor conflicts, such as Maple, Center, and MONSANTO COMPANY College & Dickson JOHNIE BASSETT Highway 71 North 11-17-70 -2- ' Arkansas shown as collector streets on the Major Street Plan and the 4kUniversity shows them as minor streets. This was discussed. Mike McDowell stated that what is needed is some documentation such as a resolution stating that the plans of the University conform to all the City's Master Plans. Mr. Vorsanger stated the University has no Master Plan. A report was prepared by Hamilton -Butt Associates in 1967 but never adopted by the trustees. This has been used as a guide. Mr. Trammell stated he did not wish to have the Commission approve this as a Master Plan because it is not a Master Plan, Albert Witte suggested something be put in writing between this meeting and the December 1 meeting that will satisfy H.U.D. arra given to the University officials to study and comment on. Mike McDowell was asked to word a resolution and seek approval of it by the University. The matter was tabled until December 1. Item 4 on the agenda, a request by Loy L. Sisemore for permission LOY L. SISEMORE to change from one non -conforming use to another non -conforming Change Non -conforming use was deferred at the request of the applicant. Use Item 5 on the agenda was a discussion with Dr. & Mrs. Spencer Albright III, concerning their plans for unsubdivided property. DR. & MRS. ALBRIGHT They stated they wish to construct a home on the approximately Unsubdivided Property 9 acre tract. They wanted assurance that this would not interfere with the City's plans for future streets. The question arose as to whether they might have to file a large-scale development plan or azv�informal subdivision plat. Item 6 on the agenda, Benny Winborn regarding the Major Street BENNY WINBORN Plan was requested deferred until the next meeting so that some Re: Major Street Plan surveys could be straightened out. The next item on the agenda was a report from the committee CURB -CUT ORDINANCE studying the curb -cut ordinance. Mr. Jacks reported the ordinance would not be ready until the next meeting. Item 8 on the agenda was the plans for proposed Spring Brook Mobile Home Community, bounded by Appleby Road on the South, Johnson Road on the West, Highway 71 By-pass on the North, and Scull Creek on the East, Harvey Smith, Developer. Mr. Lieberenz gave a report from the Plat Review Committee and the Subdivision Committee. (1) The City Attorney has said the Planning Commission cannot waive the require- ment for a service road along Highway 71 By-pass, but can accept an alternate location. (2) The Major Street Plan calls for a 100 ft. SPRING BROOK MOBILE "expressway" along the Johnson Road. The Subdivision Committee HOME COMMUNITY recommends 50 ft. off each side of the railroad tracks. (3) Appleby Johnson & Appleby Road needs to be 10 ft. wider. Mr. Smith will increase his setbacks 5 ft, to compensate for his portion. The requirement for lighting still needs further study. The next item on the agenda was a review of plans for Mcllroy Bank under "other business." Ellis Burgin, Paul Young, and Michael Manning were present. Mr. Burgin explained that variances will.be 11-17-70 -3- needed. An application is being processed to the Board of Adjustment for setback variances on Meadow Street and East Avenue. The problem they wished to discuss at this meeting was Meadow Street which is only 36 ft. wide. The Major Street Plan calls for all streets to be at least 50 ft. wide. They sought a variance for the 7 ft. necessary to meet the Major Street Plan. Mr. Manning explained that the plans call for 5 drive -up tellers. If the building must be kept back to the full setback (7 ft. for Major Street Plan plus 5 ft. for zoning) it would eliminate some of these tellers. Mr. Burgin said they had already agreed to move some utility lines, A lengthy discussion followed. Mr. Burgin said they would begin construction next week and would like to obtain a building permit first. Roy Clinton moved that the Commission grant their request for a 36 ft. ROW on Meadow Street and at a future date try to incorporate this in the Urban Renewal program. The motion died for lack of a second. The matter was discussed again. Mr. Lieberenz asked if the Commission could approve the waiver of the requirements of the Major Street Plan provided it is deemed legal by the City Attorney, but if a public hearing is required, set in motion these proceedings. Roy Clinton moved the Commission approve the waiver of that section of Meadow on the Major Street Plan if they were legally able to do so and if a public hearing is required, one be set up. Helen Edmiston seconded. The City Attorney is to be consulted. Mrs. Edmiston reminded Mr. Burgin that should he start construction without a building permit he would be subject to a daily fine. The vote on Mr. Clinton's motion was taken. McClinton, Edmiston, and Clinton voted "Aye." Jacks and Witte abstained. Dr. Brown had left the meeting. A quorum was present and the majority voted "Aye," to carry the motion. McILROY BANK Meadow Street Albert Witte moved that the rezoning petition of Monsanto Company MONSANTO COMPANY for property at College and Dickson to rezone from R-0 to C-2, be College & Dickson approved. Roy Clinton seconded. It was approved unanimously. XXXXDLXKXXXXXXXXXXXXXX RESOLUTION PC 21-70 Mr. McClinton said he thought the Commission should have a public hearing to consider all the property lying on the West side of College between Dickson and Spring and bounded on the West by the alley. Helen Edmiston moved that the rezoning petition of Johnie Bassett JOHNIE BASSETT for property located on the East side of Highway 71 North to rezone Highway 71 North from A-1 to C-2 be approved. Roy Clinton seconded. It was approved unanimously. 'VVVY'VVV ••• • • • •X RESOLUTION PC 22-70 11-17-70 -4- Mr. Lieberenz was asked to consult the City Attorney regarding the DR. SPENCER ALBRIGHT Albright question and then have it submitted through the proper review. Helen Edmiston moved that the Spring Brook Mobile Home Community SPRING BROOK MOBILE H. Plans be approved. Ernest Jacks seconded. It was approved unanimously. The minutes of November 3, 1970, were approved as mailed. Mr. McClinton asked that the Planning Office prepare a summary of any other R-0 properties for review by the Planning Commission on December 1. The meeting was adjourned at 6:35 P.M. 0 RESOLUTION PC 21-70 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, November 17, 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 Monsanto Company. 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 from R-0, Residential -Office District, District, said real estate. LEGAL DESCRIPTION: adopted for the purpose of rezoning to C-2, Thoroughfare Commercial A part of Block 1, of the Original Town of Fayetteville, Washington County, Arkansas, more particularly described as follows: Beginning at the Northeast corner of said Block 1: run thence in a Southerly direction along the West line of North College Street 137 feet; run thence in a Westerly direction parallel to the South line of Dickson Street, 98 feet; run thence in a Northerly direction parallel to the West line of North College Street 137 feet; run thence in an Easterly direction along the South line of Dickson Street 98 feet to the point of beginning. SECTION 2. That the above-described property be rezoned from R-0, Residential -Office District, to C-2, Thoroughfare Commercial District, so that the present commercial operation may be made conforming.in use. PASSED AND APPROVED this 17th day of November , 1970. APPROVED: Clark McClinton, Chairman Ile RESOLUTION PC 22-70 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, November 17, 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 public hearing the Planning Commission voted to make a recommendation to the Board of Directors on the rezoning petition of Johnie Bassett, 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 A-1, Agricultural District, to C-2, Thoroughfare Commercial District, said real estate. LEGAL DESCRIPTION: Part of the Southeast quarter (SE�) of the Southeast quarter (SES) of Section Twenty-three (23) and part of the Northeast quarter (NE�) of the Northeast quarter (NE4) of Section Twenty-six (26) all in Township Seventeen (17) North of Range Thirty (30) West, being more particularly described as follows, to -wit: Beginning at a point 480.38 feet North and 40 feet East of the Southwest corner of the Southeast quarter of the Southeast quarter of Section 23, thence East 655.1 feet, thence South 620 feet, thence West 320.1 feet, thence North 0 degrees 32 minutes West 40.00 feet, thence North 82 degrees 24 minutes West 176.8 feet, thence North 51 degrees 13 minutes West 162.5 feet, thence North 9.22 feet, thence East 132.0 feet, thence North 160 feet, thence West 167.0 feet, thence North 282.88 feet to the point of beginning. SECTION 2. That the above-described property be rezoned from A-1, Agricultural District, to C-2, Thoroughfare Commercial District, to accomodate the possibility of a service station site. PASSED AND APPROVED this 17th day of November , 1970. APPROVED: Clark McClinton, Chairman