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HomeMy WebLinkAbout1970-12-01 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, December 1, 1970, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Roy Clinton, Byron Boyd, Al Donaubauer, Ernest Jacks, Dr. Walter Brown, Clark McClinton, Helen Edmiston, Dr. James Mashburn arrived late. Members Absent: Albert Witte. Others Present: Wesley Howe, Ray Trammell, Michael McDowell, Larry Wood, John D. Anderson, Wade Barron, Harold Johnson, E. J. Ball, Ellis Burgin, Harold Lieberenz, Mr. Johnson construction superintendent for McIlroy Bank. Chairman Clark McClinton called the meeting to order. The first item of business was a continuance of the hearing on the University of Arkansas Master Plan. Michael McDowell, Assistant Executive Director of the Housing Authority, and Ray Trammell, Legal Consultant for the University of Arkansas, presented a prepared resolution which they said was satisfactory to both the Housing Authority and the University. Mr. Trammell explained that the University does not have a Master Plan but works under a flexible plan. Dr. Walter Brown moved that the resolution as presented be approved. Al Donaubauer seconded; it was approved unanimously. RESOLUTION PC 23-70 UNIVERSITY OF ARKANSAS MASTER P The second item on the agenda was a rezoning petition of John D. Anderson for property located South of Highway 62 West and East of Beech- wood Avenue and from I-1, Heavy Commercial and Light Industrial District, to I-2, General Industrial District. Wade Barron, City Property Inspector, and John D. Anderson, Applicant, represented the petition. The location of the property was pointed out on both the zoning map and on the aerial photograph. Mr. Lieberenz offered some background information. He showed the location of all JOHN D. ANDERSON the light industrial property in the City and the one piece of heavy S. Razorback Road industrial property in the City, the Industrial Park, which is not completed. He reminded the Commission of the drive earlier in the year to rid the City of old and abandoned automobiles. 1,000 were processed in one month. An individual has moved here from California and desires to set up a permanent operation crushing cars, etc. He feels he may be able to pick up cars at no cost to the owners if he has a place to process these cars that is adjacent to rail lines. The property in question is close to a railway spur line. This type operation would have to be in a heavy industrial area. The Property Inspector checked with the factories close by; they had no objection to the burning of cars periodically. 12-1-70 .2. Ernest Jacks asked about the residential property close by mentioned by the staff report. Mr.. McClinton showed where the residential property is and where proposed. There is actually very little existing. Al Donaubauer stated he feels the Planning Commission should be very emphatic on polution and recommended pit -type burning. There was some question of whether a burning permit would be required for this type burning on a periodic basis. Dr. Brown stated he considered this use out of character with the residential to the East and the light industrial to the West. Also, he felt it was very close in to town for burning. Mr. Donaubauer said he wanted more assurance of how they plan to set this operation up. Dr. Brown noted that the request was to rezone a 9 acre tract, but would probably use only 3 acres. There was no opposition in the audience. The public hearing was closed. The third item on the agenda was the rezoning petition of Harold B. Johnson for property located West of Highway 71 By-pass and South of Highway 62 West from A-1, Agricultural District, to R-2, Medium Density Re idential District. Harold Johnson represented the petition. Mr. Johnson stated he has filed a preliminary plat with the Office of City Planning which has not come before the Commission yet. He plans single family, low cost housing under an FHA project. Dr. Brown asked what is planned for the land between this and the By-pass. Mr. Johnson said he would have to wait and see. There was no opposition present. The public hearing was closed. Mr. McClinton asked what was to be considered under "Other Business." Ellis Burgin, E. J. Ball, and Mr. Johnson asked to explain the problem existing between McIlroy Bank and the Major Street Plan. Mr. Lieberenz explained that the Board of Adjustment has granted variances from the zoning ordinance to permit the waiver of the 5 ft. front setback requirement and for number of parking spaces. There is still a 7 ft. problem with the Major Street Plan. The City Attorney has said this must be resolved by the Board of Directors and does not involve a public hearing. Mr. Burgin asked the Commission to forward a recommendation to the Board. The Commission felt its action at the November 17 meeting should serve as a recommendation. Mr. Lieberenz explained that a foundation permit has been requested and that the City Attorney feels one might be issued PROVIDED a drawing is submitted which does not show the teller's window and portions of building creating a problem. Mr. Burgin showed an architect's drawing of the building and stated the entire project would probably cost $3,000,000.00 to $4,000,000.00. Mr. Lieberenz explained the Housing Authority and Urban Renewal position in this matter. Dr. Brown suggested that Mr. Burgin should put the public interest before his own private interest. Mr. Burgin said the City could obtain this 7 ft. strip if it wished to go through a condemnation suit and purchase the property. HAROLD B. JOHNSON W. of 71 By-pass McILROY BANK Meadow Street 12-1-70 -3- Dr. Brown moved that the rezoning petition of John D. Anderson be denied in keeping with the staff report and because it would JOHN D. ANDERSON create a nuisance to the light industrial area to the West and the residential area to the East. Al Donaubauer seconded. Discussion followed. Mr. Jacks questioned whether there exists an effective polution control law. Mir. McClinton said there is such a law which covers feed mills, burnings, rock crushers, etc. Mr. Lieberenz said he has been told that in the very near future the polution control board will be able to restrict all forms of polution both inside cities and in rural areas. Dr. Brown again stated he did not think this was a very good place for heavy industry. The vote was taken on Dr. Brown's motion. Clinton, Boyd, Donaubauer, Brown, and Edmiston voted "Aye" to deny the petition; Mashburn and McClinton voted "Nay"; and Jacks abstained. With the majority of the votes being "Aye" the motion carried to deny the petition. • • • • •••• •• • •• •• ••• The Commission returned to a discussion of the Harold B. Johnson petition. Ernest Jacks related a long-distance telephone call he had received from Keith Taylor, property owner to the North. HAROLD B. JOHNSON Due to a medical problem he was unable to attend; however, he was in favor of the rezoning. He also requested information on how he might have his property rezoned. Dr. Brown moved that the petition be continued until some plan was submitted on the land between this and the By-pass. Harold Johnson spoke up and said there was no way to assume a long-range plan for this; he hoped it would develop commercially. The motion died for lack of a second. There was a discussion concerning the controlled highway access ordinance. Mr. Lieberenz has checked with the City Attorney and Mr. Malone says it is possible to write up a contract on the access road. The Commission asked that he prepare a sample contract. Mr. Howe questioned whether the remainer of the property to the East could be sensibly developed and subdivided for residential purposes after putting in a 50 ft. street. It would probably necessitate very shallow lots or multi -family housing. Dr. Brown moved the petition be tabled and the Commission take a look at the comprehensive plan for this area South of Highway 62 and West of the By-pass. Al Donaubauer seconded. Dr. Brown further asked for a staff report recommending how this should be incorporated in the City's plans. No proposed land use is shown outside the By-pass in this area. He asked for a staff report with a recommendation for land West of the By-pass and North of the Cato Springs Road. Mr. McClinton asked Larry Wood if he could do this; he replied he could. 12-1-70 -4- A vote was taken on Dr. Brown's motion for deferral for study seconded by Mr. Donaubauer. Brown and Donaubauer voted "Aye"; Clinton, Boyd, McClinton, Edmiston, and Mashburn voted "Nay"; Jacks abstained. Dr. Mashburn moved to approve the petition for rezoning; Byron Boyd seconded. The vote was taken. Clinton, Boyd, Jacks, McClinton, Edmiston, and Mashburn voted "Aye"; Brown voted "Nay"; Donaubauer abstained. The vote was 6 ayes, 1 nay, and 1 abstention. The motion carried and the petition was approved. RESOLUTION PC 25-70 Mr. Howe stated he felt it was still a good idea to call for a study of the area as the property owner to the North has asked about future usage of his property. Mr. Donaubauer explained his reason for abstaining. He was in sympathy with the applicant's position but felt that the staff report pointed up a need for looking beyond this request and attempt to determine the future zoning needs for this entire area West of 71 By-pass, Dr. Brown made a motion asking for a staff report on streets and zoning in this area. Donaubauer seconded. It was approved unanimously. E. Jacks said he would like a study of streets West of Highway 265, North of Highway 45, and bounded on the West and North by Old Wire Road. The minutes were approved as mailed. The meeting adjourned at 6:00 P.M. i. RESOLUTION PC 23-70 WHEREAS, under Title I of the Housing Act of 1949, as amended, the Secretary of Housing and Urban Development is authorized to extend financial assistance to local public agencies for the elimination and prevention of the spread of slums and blighted areas through the planning and undertaking of Urban Renewal projects, and WHEREAS, the Housing Authority of the City of Fayetteville, Arkansas has made application for financial assistance to make surveys and prepare plans in order to undertake and carry out an Urban Renewal project of the character contemplated by Section 110(c) of Title I of the Housing Act of 1949, as amended, and WHEREAS, the application for Surveys and Planning was approved for financial assistance on May 28, 1970, and the Housing Authority is in the process of planning for an Urban Renewal project, and WHEREAS, the local share of the financing of the Center Square Urban Renewal project proposed as non-cash credits claimed under Section 112 of the aforementioned Housing Acts, is expenditures by the University of Arkansas in connection with land acquisition for expansion and development of the campus, and WHEREAS, the Housing Authority is required to substantiate its claim for the Section 112 non-cash credits. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF FAYETTEVILLE, ARKANSAS: 1. According to the information given us by its officials, the University of Arkansas has no "Master Plan", as such, although it does from time -to -time plan for the institutional development of its lard and the construction thereon of physical facilities as its needs become apparent and as finances permit, both by its own actions and through the use of consultants it employs. 2. Under these circumstances there does not appear to be any con- flict between the planning of the University and the comprehensive development plan of the City of Fayetteville. 3. The determinations set forth in this Resolution shall not be binding upon the University's authority to revise, amend, or in any other way alter, its development plans with regard to the expansion and growth of the University. PASSED AND APPROVED this 1st day of December , 1970. Clark McClinton, Chairman RESOLUTION PC 24-70 WHEREAS, a public hearing was held by the City Planning Commission, Tuesday, December 1, 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 John D. Anderson 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 I-1, Heavy Commercial and Light Industrial District, to I-2, General Industrial District, be denied. LEGAL DESCRIPTION: Part of the East Half of the Northwest quarter of the Northeast quarter of Section twenty (20), in Township sixteen (16) North, of Range thirty (30) West, described as follows: Beginning at the Southwest corner of said twenty acre tract, and running, thence North six hundred nine and eight -tenths (609.8) feet to a point which is four hundred fifty two (452) feet South of the South line of right of way of the Ozark & Cherokee Central Rail Road "Y"; thence East one hundred forty four (144) feet; thence North three hundred twelve (312) feet; thence East one hundred seven and one half (1072) feet to the Southerly line of said Rail Road "Y" right of way; thence in a Southerly direction with said right of way to the East line of said twenty acre tract; thence South fifty seven and seven -tenths (57.7) feet; thence West two hundred nineteen (219) feet; thence South two hundred (200) feet. to the South line of said twenty acre tract; thence West four hundred fifty four (454) feet, more or less to the place of beginning, containing nine and one half (92j acres, more or less. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. PASSED AND APPROVED this 1st day of December , 1970. APPROVED: Clark McClinton, Chairman 0 RESOLUTION PC 25-70 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, December 1, 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 recommendation to the Board of Directors on the rezoning petition of Harold B. Johnson; 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 R-2, Medium Density Residential District, said real estate. LEGAL DESCRIPTION: A part of the Northwest quarter of the Northwest quarter of Section 29, Township 16 North, Range 30 West of the Fifth Principal Meridian, Fayetteville, Arkansas. Being more particularly described as follows: Beginning at the Southwest Corner of the Northwest Quarter of the Northwest Quarter of said Section 29; thence N 891 27, E, 1025.0 feet; thence N 10 42' W, 295.00 feet; thence N 120 29' W, 1047.67 feet; thence S 891 27' W, 341.38 feet; thence S 180 281 W, 1092.69 feet; thence N 71° 321 W, 116.77 feet; thence S 10 32' E, 325.0 feet to the point of beginning containing 21.64 acres, more or less. SECTION 2. That the above-described property be rezoned from A-1, Agricultural District, to R-2, Medium Density Residential District, so that the petitioner may subdivide and construct low-income housing as approved by F.H.A. 235 Program. PASSED AND APPROVED this 1st day of December , 1970. APPROVED: Clark McClinton, Chairman