HomeMy WebLinkAbout1971-02-02 MinutesMINUTES OF A PLANNING COMMISSION MEETING
The Fayetteville Planning Commission met at 3:30 P.M., Tuesday,
February 2, 1971, in the Directors Room, City Administration Building,
Fayetteville, Arkansas.
Members Present: Clark McClinton, Byron Boyd, Dr. Walter Brown, Roy
Clinton, Helen Edmiston, Dr. James Mashburn,
Members Absent: Al Donaubauer, Ernest Jacks, Albert Witte.
Others Present: L. M. McGoodwin, Harold Lieberenz, Wesley Howe, Billy Wheeler,
Larry Wood, David Malone, Herb Christner, W. L.
Heflin, Mr. Blackwell, Phillip Wilson, Richard
Gragg, Mrs. L. W. Harris, Doyne Robbins, Clay
Swan, Walter Niblock, Rev. Brian Vanciel, John
Whiteley, J. D. Neill, Benny Winborn, J. E.
McClelland, Chuck Barrett, Herbert Holcomb, James
Pennington, and other unidentified persons.
Clark McClinton called the meeting to order. He explained this would
be his last meeting on the Commission and thanked the members for
their co-operation during his tenure as Chairman.
As this was the annual meeting at which officers were to be elected,
he asked for nominations for Chairman for the upcoming year. Dr. Brown
nominated Roy Clinton; Byron Boyd seconded. Helen Edmiston moved that ANNUAL ELECTION
Mr. Clinton be elected by acclamation; Dr. Brown seconded; the vote was OF OFFICERS
taken and Mr. Clinton was elected unanimously,
Dr. Brown moved that Al Donaubauer be re-elected as Vice -Chairman and
Ernest Jacks be re-elected as Secretary. Helen Edmiston seconded the
motion. Dr. Brown moved they both be elected by acclamation; Byron
Boyd seconded. The vote was unanimous.
Following the election of the officers the meeting recessed at 3:45 P.M.
and adjourned to the Municipal Court Room in the Police Facility Building
at 4:00 P.M.
The next item on the agenda was the rezoning petition of John D. Anderson JOHN D. ANDERSON
for property located South of Highway 62 and East of Beechwood Avenue S. of Hixhwav 62
from I-1, Heavy Commercial and Light Industrial District, to I-2, General
Industrial District, referred back to the Planning Commission by the Board
of Directors on January 4, 1971.
Mr. McClinton read a letter filed with the Office of City Planning earlier
in the day asking permission to withdraw the petition. The letter was signed
by John D. Anderson. Roy Clinton moved the Planning Commission accept
the petitioner's withdrawal; Dr. Brown seconded the motion. It was approved
unanimously,
Mr. Lieberenz explained to the Commission and audience that the Building
Inspector's Office had contacted the State Pollution Commission to see
if they would consider granting a variance to W ford to permit burning.
The Commission deferred action because: (1) the request has to come from
the individual connected with the operation, and (2) they felt they could
2.2-71
not give any kind of variance in conflict with rules and regulations.
It looks like they do not wish to condone any kind of new activity
that might cause a pollution problem later. It doesn't appear that
this kind of operation can be carried on is the City.
There were some questions from the audience about what use would
be planned for this property. Mr. Lieberenz said no request for
any new use has been filed with his office.
The next item on the agenda was a preliminary plat of a Replat of
Lots 1, 2, 3, Block 7 and Part of Lot 2, Block b of Meadowlark REPLAT OF MEADMARK
Addition to the City of Fayetteville, Ark. Mr. Lieberenz gave a ADDITION
report of the processing through the various committees. The streets
are paved, curbed, and guttered. The Plat Review Committee asked
that the four North lots be faced onto Emma and Coleman Avenues
as a safety point. Water and Surer Department asked for a 6 -inch
water line to provide fire protection. There is a 2} -inch line there.
They wish to process this as an "informal plat" with one time
submission.
Larry Wood said this standard layout meets minimum requirements. The
property is zoned R�l.
W. L. Heflin read a petition of area residents opposing the platting
of this property into smaller lots.
• Herb Christner, Engineer, spoke on behalf of the developers who
could not be present. He stated they plan to erect $18,000 to $20,000
homes. They wish to divide into smaller lots and put lot numbers on
this small part of Meadowlark. A copy of the original plat was
shown to illustrate that dimensions had been put on tracts that did
not have lot numbers but were part of a large lot.
Mr. Heflin said he lived in the addition and had helped lay it out.
He said the reason it was not broken down into lots then was because
it would have cost more tax wise. He was led to believe that when
the time came to sell these lots, they would be the size shown on
the original plat. He was not interested in merely meeting standards,
he desired to upgrade it. He said he understood the property would
be used for rental property if replatted. He questioned whether the
Planning Commission would like to have this type of housing put up in
front of their homes. He charged that cheap housing and trailer parka
would be the next blight areas for Fayetteville. He said all the people
in the area had been led to believe that any houses to be built in the
future would be as good as or better than they had there now.
Phillip Wilson who owns a part of Lot 2. Block 6 not being replatted
said it was his understanding that future houses would be as good as
existing at the time he purchased.
Richard Gragg, Lot 17, Block 9, said he had been told all houses out
there would run $25,000 and up. He paid $27,500. He thought all
these lots would stay the same.
2-2-71 -3-
Billy Wheeler, Lot 18, Block 5, said before he could build they had
asked to see his floor plan and told him it had to be at least 1,350
floor space and either brick or western cedar.
Mrs. L. W. Harris said Clyde Sells was particular how big the houses
were, wanted houses to be just so, and was there during construction
to see it was that way. She has Lot 1, Block 6.
Doyne Robbins, Lot 12, Block 9, bought the house from Salle after it
was built. He was assured lot sizes would not change and houses to
be built would be as good as or better than existing houses.
Clay Swan said Mr. Salle had told him all houses would be brick and
nice homes. It was to be an area they could be proud of. He had
erected a nice clothesline in his yard and the Selles told him they
frowned on clotheslines. There was to be no clotheslines or work -
sheds in the addition. His home is in the curve of Sells Drive.
As a matter of information, Mr. Lieberenz explained that in the R-1
sone duplexes can be built on lots with 80 ft, frontage and 122000
sq. ft. in area. These proposed lots would be too narrow for duplexes.
Another gentleman said he lived in the section and had bought with
the impression all the lots would be laid out as when bought. Sells
recently told him the proposed replat would have $15,000 to $16,000
houses in it.
Mr. McClinton said covenants take precedence over City zoning, but
apparently there have been no written covenants. Mr. Heflin said
the covenants were all word of mouth. He said there are two kinds
of covenants, oral and written, he considers oral just as binding.
The next item on the agenda was the rezoning petition of Wayne Hinkle WAYNE HINKIE
for property located on the North side of Highway 16 East lying East Highway 16 E.
of Stone Bridge Road from A-1, Agricultural District, to R-3, High
Density Residential District, and C-2, Thoroughfare Commercial District.
Walter Niblock, Attorney, represented the petition. He said the rezoning
was requested in order to develop a mobile home park with the C-2 to
develop to sustain the area. The property had been annexed into the
City for this purpose. Apparently all City utilities will be available.
The next item on the agenda was the large-scale development plan for
the First Church of the Nazarene located on the West side of Old Missouri FIRST CHURCH
Road and South of Oakoliff extended, Mr. Lieberenz explained that this OF NAZARENE
property lies South of part of Oaks Manor Subdivision and that subdivision
had platted a 25 ft. easement for the extension of Oakcliff in the future.
Subdividers to the West have extended this street to the edge of this
2-2-71 -4-
particular property. The question is whether the Church mould have
to give another 25 ft. for street and if so, mould they be required
to improve it. Also, the Major Street Plan shows a collector street
running through this property. Larry Wood has recommended this be
changed to follow Old Missouri Road and Old Wire Road.
The next item on the agenda Was a large scale development plan for
Winwood Baptist Church formerly Fayetteville Baptist Churcho They ••D BAPTIST
have sold their property on College Avenue and must relocate. CHURCH
Mr. Lieberenz reviewed the history of this ease as it has been before
the Planning Commission for some time regarding
Wood roe nded that Township West of Old Wire Road be a major =reet,
but that East of Old Wire Road it be a collector. He stated the utility
companies are also interested in it following the township line.
John Whiteley, Pastor, said they cannot build a street 1485 feet long;
all they want to do is build a church. They are willing to setback
whatever is necessary.
Roy Clinton explained the Subdivision Committee had met with men from
the Church. The Committee had asked them to give 50 ft. for street
and set back 25 feet from this line. The City anticipates obtaining
an additional 10 ft. from the land Benny Winborn claims by adverse
possession. It was noted 50 ft. off the church property would be
required only across the width of Winwood Estates, then the street
requirement would decrease to 30 ft, for the Church.
ffenny Winborn indicated he would commit the 10 ft. strip, but he saw
no reason to until somebody was ready to put the street there# He
suggested the street be routed North some to go through Kelly Brothers
proposed subdivision* He said he has a quit claim dead ready to providlT.
.:"giurch access off Wirwood Drive,
J. D. Neill indicated willingness to set back enough to allow for the
street and said they would gladly give their portion of street when
the City is ready to build it.
Larry Wood said he has seen Kelley Brothers proposal and it does not
provide a sufficient collector system without Township. There are no
East-West streets South of Township to serve this purpose, either.
The next item on the agenda was a large scale development plan of
McClelland Engineers. Mr. J. E. McClelland was present. It was
explained that Red Ball Transfer and Storage is now non -conforming
in C-2, although once it was permitted. He desires to expand a
warehouse building with building commensurate with other buildings
along College. Mr. Lieberena explained that since this is a non-
McCLELLAND ENGINEERS I
1810 North College
2-2-71 -5-
conforming use, there is no board to appeal to. It would require
either a rezoning or amendment of the zoning ordinance to somehow -
permit this use in C�2.
The next item on the agenda was the preliminary plat for East Gate
Addition No. 2 located South of Seventh Street and West of Wood
Agenue. Mr. Lieberens gave some background. He noted that 20 ft.
had been provided for the extension of Willow Avenue on the West of
this property. The proposed subdivision has access off Seventh
Street. The Plat Review Committee had recommended that Willow
Street be opened up, Eleventh Street be extended (25 ft. ROW at
least), and double frontage lots be eliminated. Property owner
objects because he would lose some lots and cost would increase.
Larry Wood noted that the Major Street Plan calls for Willow to
be a collector, but the Plat Review Committee and Subdivision
Committee. He criticised the planned double frontage lots. He
said he understood if the Street on the East were extended, Wood
Avenue Baptist Church would be willing to dedicate their portion.
He suggested pursuing the possibility of an improvement district
to help defray costs of improving the East street and Willow Avenue.
understoodMr. Lieberenz said he ,:
Commissionthere is already a street there (Willow) the Planning
could require a dedication.
Chuck Barrett,vDeveloper,
would be developing a lot of ground for people not willing to
compensate41
Holcomb,Herbert
improvementface onto Willow and would be willing to join Mr. Barrett In an
He requested Willow Avenue remain as a through street,
James Pennington said he owned some property on down South and would
be willing to share in the expense of continuing Willow.
EAST GATE ADD. #2
Preliminary Plat
H, C. Harris with Wood Avenue Baptist Church said it would increase the
potential value of the Church if a street could be put in at the back
of their property and if 11th Street were extended. He said the
Church was willing to give 25 ft. for this purpose. Also, he said
he could speak for some people who own an entire block on Willow who
were interested in the extension of Willow but could not be present
due to a death in the family.
The next item on the agenda was the Final Plat of Cummings -Goff
Subdivision. Mr. Lieberens explained the question of easements has
been worked out. The Major Street Plan would require 10 ft. for
widening of Highway 45, The City Attorney has said in this case
the City might not be able to require dedication, but can surely
require increased setback. Herb Christner said he had revised the
plat to show an increased setback.
FINAL PLAT OF
The last
item on the agenda was
a request
for an
extension
until VERNON
E. PITTMAN
February
16, 1971 for Planning
Commission
action
on Vernon
E. Pittman
2-2-71
-6�
and Catherine Pittman rezoning petition.
The Planning Commission considered again the proposed replat of
Meadowlark Addition. Dr. Mashburn proposed that action be delayed Replat of
until the next meeting to obtain a legal opinion on the question MEADOWLARK ADDITION
of oral covenants. Mr. Clinton also proposed no action. David
Malone was consulted and had some comments. No action was taken,
Regarding the Wayne Hinkle rezoning petition, Dr. Brown moved that
the entire tract be rezoned from A-1, Agricultural District, to WAYNE HINKLE
R-2, Medium Density Residential District, rather than R-3 and C-2
as requested and that no C-2 or C-1 be allowed along the highway.
Roy Clinton seconded. It was approved unanimously.
RESOLUTION PC 6-71
Roy Clinton moved the Commission accept the development plan of the FIRST CHURCH OF
First Church of the Nazarene and approve the conditional use of this THE NAZARENE
property for a Church with the dedication of 25 ft. for extension
on Oakcliff Street. Drs. Brown and Mashburn seconded. It was approved
unanimously.
Roy Clinton asked the representatives of Winwood Baptist Church if
the City would do the legal work and engineering work on Township
Road, would they be willing to dedicate ROW. He stated the City is
not asking them to build the street, but to give the land so that WINWOOD BAPTIST
the City may someday build the street. Mr. Howe and Mr. Malone CHURCH
confirmed this could be done. Dr. Brown moved that the Commission
accept the large scale development plan and approve the use of this
property for a Church on condition they dedicate 50 ft. for street
along the boundary of Winwood Estates and 30 ft, on East and West
of Winwood. Also, that a front setback of 25 ft. be kept from the
50 ft. dedication and the Commission grant a variance of 20 ft. in
the 50 ft. setback required on the rear. Byron Boyd seconded. It
was approved unanimously,
The Commission and Mr. Lieberenz discussed some ways that non�conforming
uses could be given relief or the possibility of making acme types
of warehousing permissible in C�2, perhaps on appeal, Roy Clinton
moved that the Commission set a public hearing to consider this matter.
Dr. Mashburn seconded, It was approved unanimously,
RESOLUTION PC 7-71
Mr. Lieberenz explained that the engineering portion of Mr. McClelland's
business is conforming and asked whether the Commission would approve
the expansion of this. The Commission's approval is necessary because
the property is larger than an acre. The Commission approved the
expansion of the office and lab for the engineering firm. McCLELLAND ENGINEERS
Roy Clinton said the Major Street Plan should be amended to show
Willow as a 50 ft. street. He could see no necessity for a 60 ft.
0-1 street here. Dr. Brown moved that the preliminary plat for East
Gate No. 2 be disapproved and Mr. Barret be requested to resubmit
2-2-71
-7-
using Willow Avenue, 11th Street, and another street on the East side EAST GATE ADD. 2
of the property. Dr. Mashburn seconded. It was approved unanimously.
Dr.
Mashburn moved
that the Final Plat of Cummings -Goff Subdivision
be
approved with a
10 ft, dedication
to be shown on Highway 45. CUN4=S-COFF SUBD.
Dr.
Brown seconded.
It was approved
unanimously. FINAL PLAT
The request for an extension until February 16, 1971 for Planning VERNON PITTMAN
Commission action on Vernon E. Pittman and Catherine Pittman rezoning
petition was granted by unanimous vote of the Commission.
The meeting was adjourned at 6:45 P.M.
0
RESOLUTION PC 6-71
WHEREAS, a public hearing was held by the Planning Commission,
Tuesday, February 2, 1971, 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, said public hearing was held on a petition requesting that
the Planning Commission recommend that the Board of Directors enact an
ordinance rezoning the herein described property, presently zoned A-1,
Agricultural District, to R-3, High Density Residential District, all
of said property except the one tract previously described in public
notice as Tract "Al' which is a strip of property 150 feet in depth
running parallel with the right-of-way on the North side of Highway 16
East requested to be rezoned to C-2, Thoroughfare Commercial District; and
WHEREAS, following the public hearing and following the report of
the Staff Consultant, the Planning Commission voted to make a recommendation
to the Board of Directors on the rezoning petition of Wayne Hinkle,
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:
Part of the Southwest Quarter of the Southeast Quarter of Section
Thirteen (13) in Township Sixteen (16) North, of Range Thirty (30)
West, being more particularly described as follows: Beginning at
the Northwest corner of said forty acre tract, and running, thence
East five hundred thirty-eight (538) feet to the existing fence line,
thence South with said fence line six hundred fifty-seven (657)
feet; thence in a Northwesterly direction and parallel along the
right -of --way of State Highway No. 16 a distance of fifty (50)
feet; thence South one hundred fifty (150) feet to the North line of
Highway No. Sixteen (16), thence in a Northwesterly direction with the
North line of said Highway three hundred forty-five (345) feet;
thence North two hundred fifty-one (251) feet; thence in a North-
westerly direction and parallel with said Highway No. 16 one
hundred thirty-five (135) feet to the West line of said forty
acre tract; thence North five hundred sixteen (516) feet, more or
less to the place of beginning.
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 develop property as a mobile home park.
PASSED AND APPROVED this 2nd day of February , 1971.
APPROVED:
49
CLARK Mc , CHAIRMAN
.RESOLUTION PC 8-71
WHEREAS, at its regular meeting on Tuesday, February 2, 1971, the
Planning Commission voted to make a recommendation to the Board of Directors
on the final subdivision plat known as Cummings -Goff Subdivision submitted
by C. & L. Land Company and Ralph Goff, Jr.; and
WHEREAS, the Planning Commission recommended that because the necessary
improvements have not been installed in said subdivision that C. & L. Land
Company and Ralph Goff, Jr. 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 DIRECTROS 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
Cummings -Goff Subdivision described as follows:
A part of the East Half of the East Half of the Southwest Quarter
of Section 2-T16N-R30W, and being more particularly described as
follows, to wit: Beginning 9 rods and 84 feet East (156.751)
of the NW Corner of said E/2 of the E/2 of the SW Quarter, and
running thence South to the centerline of State Highway No. 45, thence
Northeasterly along 6 -aid centerline to a point on the South line
of the E/2 NE SW, thence along the South line thereof to the SE
Corner of said 20 -acre tract, thence North 80 rods, thence West
30j rods (503.251) to the point of beginning, and containing in
all 15.62 acres, more or less; LESS AND EXCEPT 200 feet of equal
and uniform width off of the East side of the NE SW containing
6.72 acres, more or less, and leaving a total of 9.548 acres,
more or less.
PASSED AND APPROVED this 2nd day of February , 1971.
APPROVED:
CLARK MCCLINTON, CHAIRMAN
ATTEST:
ERNEST JACKS, SECRETARY