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HomeMy WebLinkAbout1971-03-02 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, March 2, 1971, in the Directors Room, City Administration Building, Fayetteville, Arkansas, Members Present: Roy Clinton, Helen Edmiston, Dr. Walter Brown, L. M. McGoodwin, Albert Witte, Al Donaubauer, Dr. James Mashburn, Ernest Jacks, Members Absent: Byron Boyd, Others Present: Mr. Sells, Jim Nettles, John Carson, Charles E. Scharlau, Lynn Wade, Laverne Heflin, Mrs. Richard Gragg, Fred Holden, Larry Wood, B. A. Shamblin, Col Jack Diggs, Olin Knight, Russell Purdy, Doyle Barnes, C. T. Pearson, Jr., Gordon Houston, Chairman Roy Clinton called the meeting to order. The first item on the agenda was the proposed Replat of Lots 1, 2, REPLAT OF PART OF 3, Block 7, and Part of Lot 2, Block 6, Meadowlark Addition to the MEADOWLARK ADDITION City of Fayetteville, Arkansas, Mr. Clinton gave a brief explanation of the history of this matter. The Planning Commission had heard from both proponents and opponents • at the February 2, 1971 meeting, but took no action at that time. Jim Nettles spoke in behalf of -the replat. He stated the FHA has approved the subdivision pending approval by the City. The developers have consented to putting in a 6 inch water line and fire hydrant which he felt would be an asset to the area and would probably lower fire insurance rates. The houses to be built would be FHA approved. He had checked with the tax assessor and found one house in the subdivision with a total valuation of just over $10,000 and one at $15,000. The houses they propose exceed both these valuations in a smaller town and should be higher in valuation here. The Commission had no questions to ask of Mr. Nettles at this time. Mr. Sells said he did not plan to put anything in that would be detrimental to the area. Laverne Heflin spoke on behalf of the opposition. He said lot numbers were omitted on this part of the plat originally to keep taxes lower. The deeds say that all lots and blocks shall be same as shown on plat. Although, lot numbers were omitted, the lots are dimensioned. Clyde . Sells told him that if and when this part of the property was divided, the lots would be as dimensioned. Dr. Mashburn arrived at 4:20 P.M. Mr. Heflin said 5 or 6 other people who built or bought houses in the subdivision had the same understanding. There was a show of ten hands agreeing. 3-2-71 -2- Mrs. Richard Gragg, Lot 17, Block 9, has a house facing these lots which cost $27,500. She does not want $10,000 to $15,000 houses across the street from her. The public hearing was closed by Mr. Clinton. He stated the Commission is not a court of law. The basic consideration here is a matter of implied oral covenants. He thought the people as property owners understood what the Planning Commission was trying to do. Mr. Lieberenz said there is some question whether this should be processed as an informal plat or as a preliminary and final plat as noted on the plat. Mr. Clinton said the City Attorney has advised that the Commission must take action either (1) approve the plat if it meets all City standards; or (2) disapprove the plat if it does not meet City requirements. The next item on the agenda was the proposed Replat of Lots 4, 5, b, and 7, Block 1, and all of Blocks 2 and 3, Parkwood Subdivision. REPIAT OF PART OF The location of the property was shown on the map, and a history PARKWOOD SUBDIVISION given by Mr. Lieberenz, Mr. Fred Holden wants to replat this into 2 large lots. The Board of Directors approved the closing of unimproved Carla Drive March 1, 1971. Mr. Holden proposes to LARGE SCALE.. build a private drive and have four duplexes off this drive. DEVELOPMENT Fred Holden Ernest Jacks arrived at 4:30 P.M. As further explanation Mr. Lieberenz explained that when Parkwood Subdivision was originally platted, Mr. Leo Peel proposed an extension of Vandeventer down the East side of the property, but could not get Mr. Harding, who owns the property east of that, to go along with him. The Subdivision Committee reviewed this matter. Mr. McGoodwin felt we should write to the party that owns this property to the East to see if they would be willing to help with a street now. This was before the Planning Commission at the last meeting, but they asked that the surrounding property owners be contacted. This has been done. The next item on the agenda was the rezoning petition of A W Realty for property located on the East side of Highway 71 North in the vicinity of Stearns Street and Joyce Street and extending South of A W REALTY Mud Creek from A-1, Agricultural District, and R-1, Low Density Highway 71 North Residential District, to I-1, Heavy Commercial & Light Industrial & Stearns Street District, C-2, Thoroughfare Commercial District, C-3, Central Commercial District, and R-3, High Density Residential District. Larry Wood presented the Staff Report. Appearing on behalf of the petition were Lynn Wade, Attorney, Charles Scharlau, John Carson, and B. A. Shamblin, Mr. Scharlau said they would like to get one facility (Arkansas Western Gas) to serve both Springdale and Fayetteville; they are outgrowing their present facilities, and want to locate both office and service yard together. 3-2-71 -3- Mrs. Edmiston left at 4:55 P.M. John Carson showed slides depicting his companies work in other cities and what is planned for Fayetteville. The location was chosen because they felt Springdale and Fayetteville are growing together to become a major growth area for this region. They plan to build the required frontage road along Highway 71 and plan to connect Stearns Street to Joyce Street. All the zoning changes were asked for at once because they feel it is essential due to the size of the development to be assured of being able to develop this property with a high style development in the future. B. A. Shamblin said he had visited with most of the adjoining property owners and most were encouraged and had no objections. He felt had! Mr. Wood had more information his report might have been different. Mr. Scharlau said they had planned the facility for Arkansas Western Gas on the South portion of the property to keep it in Fayetteville School District. Springdale School District borders Mud Creek, Mrs. Ferrell said she owns 13 acres adjoining the property, She complimented A W Realty on their presentation. She was not in full approval of the C-2 on the Northeast corner of the property. Col. Jack Diggs also suggested that the Northeast 40 acres or so be retained as residential property. He lives on Old Missouri Road (3930) and felt this was an attractive residential area. In answer to a question Mr. Carson explained that it is not possible at this time to give a list of tenants for commercial areas. Tract 4 is planned for neighborhood type shopping. They are taking advantage of the terrain on the housing. Dr. Brown asked why it would not be logical to have residential in some of the other tracts. Mr. Carson said they had checked with the Arkansas Highway Department on the entrance to Highway 71. The opening between Stearns and Millsap off the frontage road will be for northbound traffic only, Mr. McGoodwin questioned the advisability of zoning C-2 a large area i to three-quarters of a mile from Highway 71 this far in advance. Dr. Brown moved that this public hearing be continued. Mr. McGoodwin seconded. Lynn Wade asked if it would be more expedient if the Northeast section could be dropped from the petition. The vote was taken on Dr. Brown's motion. Jacks, Clinton, Brown, Donaubauer, Witte, and McGoodwin voted "Aye." Mashburn voted "Nay." A meeting was scheduled between Larry Wood and the representatives of the rezoning petition for the morning of March 3, 1971. The next item on the agenda was the rezoning petition of W. B. Roper W.B. ROPER ASSOC, Associates for property located South of 24th Street and East of 24th & Hwy, 71 3-2-71 -4- Highway 71 South from R-1, Low Density Residential District, to R-2, Medium Density Residential District, ILarry Wood presented the Staff Report, Mr. Olin Knight represented the petition and stated they propose 128 units which would be two-story buildings with eight apartments to the building. This is an FHA 236 program with a monetary outlay of $137752000, A lady from the audience questioned the effect this would have on Jefferson School. Russell Purdy questioned what 112361, meant, It was explained as being neither luxury nor low cost. There can be 20% rent subsidy, but the other 80% must be filled first, The rental scale was $99.62 for a 1 bedroom apartment, $11.4.20 for a 2 bedroom, $119.53 for a 3 bedroom, and $125.51 for a 4 bedroom with all utilities paid and with central air and central heat and garbage disposals, The public hearing was closed. The next item on the agenda was the proposed Informal Plat of Barnes - Baldwin Addition, submitted by Doyle Barnes, Mr. Lieberenz gave a BARNES-BALDWIN ADD* history and report of the Plat Review Committee and Subdivision Committee. Both Committees recommend approval, The next item on the agenda was the petition of C. T, Pearson, Jr., M. Ray Adams, McIlroy Bank, Mrs. Allis Walker, Clyde J. Sells, and Co T. PEARSON, JR. D. M. Patton to close alleys in Blocks 8 and 9, Fergusonts Addition, Street & Alley City of Fayetteville, and to close that portion of Seventh Street Closing lying between School Avenue and Locust Avenue, Mr. Pearson was present. Mr. McOoodwin questioned whether 15 ft. would be adequate easement to work in when the sewer line has to be replaced. It was stressed that it is too small and is already overworked. He further felt that provision should be made so that the City would not have to pay for the cost of any damages incurred in working on the sewer. He said 15 fto is not enough if that easement is tied to buildings. It might be enough if it is not tied to buildings, and the City does not have to pay for cutting the pavement and putting it back. Larry Wood suggested determining what size sewer line would be needed and putting it in now and stubbing it out. Mr. McOoodwin moved that the Commission recommend approving closing of Seventh Street and the two alleys with the provision that the easement for the existing sewer line be of sufficient width and not less than 15 ft, and that the provision of the easement be such that the City will not be required to pay the cost of cutting and repaving in case a cut and replacement is required. Mr. Witte seconded. It was approved unanimously. xxuancoxnommiaxxxxxx RESOLUTION PC 11-71 The Commission returned to the proposed replat of Meadowlark Addition. Mr. I Lieberenz summarized the information by saying that Paul Mattke 3-2-71 -5- stated he would require a 6 inch water main with fire hydrant and there is some question of whether this can be processed as an informal plat or will require preliminary and final submission. He had no written confirmation of the new water line and fire hydrant. Dr. Brown remarked that at the public hearing before it was brought Put that the people thought they had oral covenants and this was why no action had been taken. Since the City Attorney advises action must be taken, Dr. Brown moved to disapprove the plat. Al Witte seconded. This was further discussed. Dr. Mashburn stated the Commission should act legally for them, then the people would have their recourse through a court of law. The vote was taken on Dr. Brown's motion. Donaubauer, Brown, and McGoodwin voted "Aye." Witte, Clinton, and Mashburn voted "Nay." Jacks abstained. Mr. Clinton requested that a preliminary plat be presented at the next meeting showing the 6 inch water line. Herb Christner, Engineer, said this had already been done. Dr. Brown moved to continue this case; Mr. McGoodwin seconded. This motion was approved unanimously. Mr. McGoodwin moved to•approve,the proposed Replat of Lots 4, 51 6, and 7. Block 1, and all of Blocks 2 and 3, Parkwood Subdivision and REPLAT OF PARKWOOD also the large scale development plan of Fred Holden for a portion of SUBD. & LARGE SCALE the proposed Replat of Parkwood Subdivision. Mr. Donaubauer seconded. DEVELOPMENT PLAN The motion was approved unanimously. Dr. Brown moved to recommend approval of the rezoning petition of W. B. Roper Associates; Mr. Donaubauer seconded. It was approved unanimously. RESOLUTION PC 12-71 Dr. Mashburn moved that the Planning Commission approve the Informal Plat of Barnes -Baldwin Addition; Dr. Brown seconded. It was approved unanimously. The minutes of February 16, 1971, were approved as mailed. The study of the R-0 District was postponed. Mr. Lieberenz asked that the Commission consider one item under "Other Business", a large scale development plan submitted by Dan Spencer and Gordon Houston for property on Broadview Drive. They want to raze the old house there and build 4 duplexes. The problem with the water service has been eliminated. Mr. McGoodwin moved that the large scale development plat be approved. Mr. Donaubauer seconded. It was approved unanimously, The meeting was adjourned at 6:30 P.M. W. B. ROPER ASSOC. SPENCER -HOUSTON I Large Scale Development RESOLUTION PC 11-71 WHEREAS, the petition of C. T. Pearson, Jr., M. Ray Adams, McIlroy Bank, Mrs. Allis Walker, Clyde J. Sells, and D. M. Patton for vacating two alleys was presented to the City Planning Commission for recommendation; and WHEREAS, the petition of C. T. Pearson, Jr. for vacating a portion of Seventh Street was presented to the City Planning Commission for recommendation; and WHEREAS, at a meeting held March 2, 1971, the City Planning Commission voted to make a recommendation to the City Board of Directors on vacating the two alleys and the street. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That after the public hearing an ordinance be adopted for the purpose of closing the two public alleys herein described as follows: A Twelve (12) foot alley lying adjacent to and along the East side of Lots Six (6), Seven (7), Eight (8), Nine (9), and Ten (10), in Block Nine (9), and Lots Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12), in Block Eight (8), Ferguson's Addition to the City of Fayetteville, Arkansas, and lying adjacent to and West of Lots One (1), Two (2), Three (3), Four (4), and Five (5), in Block Nine (9), and Lots One (1) Two (2), Three (3), Four (4), Five (5) and Six (6), in Block Eight (8) in Ferguson's Addition to the City of Fayetteville, Arkansas, as per plat on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, and more particularly described as follows: Beginning at the Northeast corner of said Lot Ten (10) in said Block Nine (9) at the intersection of Sixth Street and running thence South Six Hundred (600) feet to the Southeast corner of said Lot Seven (7) in said Block Eight (8) at the intersection of Eighth Street, thence East Twelve (12) feet to the Southwest corner of said Lot Six (6) in said Block Eight (8), thence North Six H ndred (600) feet to the Northwest corner of said Lot One (1) in saiH Block Nine (9) at the intersection of Sixth Street, thence West Twelve (12) feet to the point of beginning. SECTION 2. .That after the public hearing an ordinance be adopted for the purpose of closing that portion of Seventh Street herein described as follows: A fifty (50) foot street lying adjacent to and along the South side of Lots Five (5) and Six (6) in Block Nine (9), Ferguson's Addition to the City of Fayetteville, Arkansas, and lying adjacent to and North of Lots One (1) and Twelve (12), Block Eight (8) in Ferguson's Addition to the City of Fayetteville. Arkansas as per plat of said Addition on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, and more particularly described as follows: Beginning at the Southeast corner of said 3-2-71 Lot Five (5) at the intersection of 7th Street and Locust Avenue, and running thence West Three Hundred (300) feet to the Southwest corner of said Lot Six (6) at the intersection of 7th Street and School Avenue, thence South Fifty (50) feet to the Northwest corner of said Lot Twelve (12) at said intersection, thence East Three Hundred (300) feet to the Northeast corner of said Lot One (1) at the intersection of 7th Street and Locust Avenue, thence North Fifty (50) feet to the point of beginning. SECTION 3. That as a provision for closing said street, the City retain an easement for the existing sewer line of sufficient width and not less than 15 ft. in width and that the provision of the easement be such that the City will not be required to pay the cost of cutting and repaving in case a cut and replacement is required. PASSED AND APPROVED THIS 2nd day of March y 1971. APPROVED: ROY CLINTON, CHAIRMAN I RESOLUTION PC 12-71 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, March 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, after the hearing the Planning Commission voted to make a recommendation to the Board of Directors on the rezoning petition of W. B. Roper Associates. 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 R-1, Low Density Residential District, to R-2, Medium Density Residential District, said real estate. LEGAL DESCRIPTION: A tract of land in the Northeast Quarter (NEy) of Section 28, Township 16 North (T16N), Range 30 West (R30W), City of Fayetteville, Arkansas more particularly described as: Beginning at the North Right-of-way line of 26th Street and the East Right-of�way line of Denver Street; thence N 310 00' E, a distance of 560 feet to the South Right-of-way line of 24th Street; thence East along said Right-of-way line of 24th Street, a distance of 535 feet; thence S 50 001 W. a distance of 390 feet; thence S 530 00' W, a distance of 640 feet; thence S 10 30' E, a distance of 190 feet; thence S 760 301 W, a distance of 280 feet; thence N 1° 301 W, a distance of 250 feet to a point on the East Right-of-way line of Denver Street; thence N 10 001 W along the East Right- of-way line of Denver Street, a distance of 300 feet to the Point of beginning. Containing 11.7 acres, more or less. SECTION 2. That the above-described property be rezoned from R-1, Low Density Residential, to R-2, Medium Density Residential District, so that the property may be developed for a multiple housing apartment project. PASSED AND APPROVED this 2nd day of March , 1971• a • /211 ROY CLINTON, CHAIRMAN 0