Loading...
HomeMy WebLinkAbout1971-04-06 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, April 6, 1971, in the Directors Room, City Administration Building, Fayetteville, Arkansas, Members Present: Roy Clinton, Ernest Jacks, Helen Edmiston, Byron Boyd, Albert Witte, Dr. James Mashburn. Members Absent: Dr. Walter Brown, L. M. McGoodwin, Al Donaubauer. Others Present: Marshall Carlisle, Wells Bone, Glen Wing, Mr. Johnson, John Sturgeon, Joe Brown, Brent Clark, Richard Hipp, Ralph Goff, Jr., Mrs. Harris, Mr. Wittstruck, Fred Burke, Porter Stone, Russell Purdy, Mrs. Greenhaw, Mr. & Mrs. Don McGinnis, Elsie Hassell, Z. L. Thomas, Marion Orton, Chairman Roy Clinton called the meeting to order. Item One on the agenda was the rezoning petition of Shenandoah Mobile SHENANDOAH Home Park, Inc. for property located on the North side of East Fifteenth MOBILE HOME Street and East of Morningside Drive from R-1, Low Density Residential PARK - 1400 District, to R-2, Medium Density Residential District. East Fifteenth In the absence of Larry Wood, Roy Clinton summarized the staff report. Marshall Carlisle represented the petition for rezoning. He stated the development of this property was approved and begun before the present zoning map and ordinance were adopted. When the map and regulations were changed June 29, 1970, the mobile home park became a non -conforming use. They request to be made conforming in use so they can construct a swimming pool. There was no opposition present. The public hearing was closed. Item Two on the agenda was the rezoning petition of Kelley Brothers KELLEY BROTHERS Lumber & Supply Company for property located on the East side of Johnson LUMBER & SUPPLY Road and North of Highway 71 By-pass from I-1, Heavy Commercial and Johnson Road Light Industrial District, to R-1, Low Density Residential District, Chairman Roy Clinton summarized the staff report. Wells Bone represented the petitioner and stated they desired to have the property rezoned so that they could build houses there. There was no opposition. The public hearing was closed. Item Three on the agenda was the rezoning petition of Zed 0. Johnson, ZED & DOROTHY Dorothy E. Johnson, Glendon R. Johnson, and Virginia Johnson, for JOHNSON, GLENDON property located on the South side of Highway 45 and West of Highway 265 & VIRGINIA JOHNSON from R-1, Low Density Residential District, to C-2, Thoroughfare Highway 45 East Commercial District. Chairman Roy Clinton summarized the staff report. 4-6-71 -2- Attorney Glen Wing represented the petitioners. He stated his clients were ift violating the law by operating their business there. They cannot put in new gas tanks or any new signs because they cannot get a building permit. He said cities grow from a central business zone with large residential area around it, then by necessity there should be commercial out at little distances. He said the City Plan calls for commercial to be located at this intersection. His clients are trying to rezone to C-2 so they can operate legally and continue their business. Two opposing petitions were given to the Planning Commission. Chairman Clinton read the petition of the Rural Builders Club. Mr. Boyd said he had been contacted by Mr. T. Ewing Shelton who opposed the rezoning. Dr. Mashburn arrived at 4:30 P.M. Joe Brown opposed the rezoning. He quoted the staff report and said this is the only clean, uncluttered highway into town. The commercial when needed should be in one certain area. If one development of this type is allowed, others will be considered also. John Sturgeon, Highway 45 East at Sons Chapel said the area residents feel very strongly that the property clear into the City should be good looking. Most residents do not object to Clay Yoe's commercial property or to Dillons. Brent Clark, Highway 45 just beyond the Catholic Cemetery, felt approval of this would make it easier to put mobile homes in there. Glen Wing said most of these people do not live within a mile of this property. He said there is no substantial residential development within a half mile to the West and none to the East until you get to Sons Chapel. He felt it is already established as other than residential. Mrs. Harris questioned what uses were permitted in C-2 and what assurances the residents would have as to how it would develop should he sell the property. It was noted that mobile homes could not be added under the C-2 zoning. Mr. Wittstruck, Highway 45 East, said he is retired from the Navy and considers this the best selection for home sites. He did not wish to see it cluttered up. Mr. Wing said nobody wants to live right on Highway 45. If this remains residential, it would develop as the shacky type of houses you see going into many towns. He offered to reduce the zoning request to C-1. Fred Burke, Highway 265, felt the man's living should not be taken away from him, but seemed to favor leaving the property residential. Porter Stone, Inwood Lane, said the lots in his area are expensive and he felt the Commission should preserve the value of the high cost residential district. 4-6-71 -3- It was again noted that mobile home parks are not permissible in C-2. Mrs. Greenhaw said service stations on Highway 45 have not proved very fruitfull. Don McGinnis said they wish to avoid another Highway 71 North and South. Elsie Hassel asked what kind of change the Johnson's planned to make their place less of an eyesore. Mr. Wing said if a nice shopping center with plenty of parking were to be put on the Johnson property, the people would not have to fight the traffic on Highway 71. Alice McGinnis did not think the Johnson property suitable for commercial. Mr. Johnson said he ran a garage and repair shop and had tried to run a Christian shop. Many of the people present were his customers. He did not feel his place was a detriment to the community. He said he was a law-abiding citizen trying to make an honest, decent living. The public hearing was closed. Item Four on the agenda was the rezoning petition initiated by the City PLANNING Planning Commission for property located East and West of Black Oak Road COMMISSION and comprising a portion of the Fayetteville Industrial Park from A-1, Industrial Park Agricultural District, to I-2, General Industrial District. Chairman Clinton summarized the staff report. There was no opposition. The public hearing was closed. Item Five on the agenda was an appeal by Bob J. Mayes for permission to use property on the East side of Garland Avenue and South of the University of Arkansas Farm to develop a mobile home park. Richard Hipp, Attorney, represented Mr. Mayes. He said the narrowness of the property lends itself to this type of use. Z. L. Thomas, adjoining property owner, said he might not object if he knew more about the specifications. Would this be on City sewer? BOB J. MAYES Appeal for Mobile Home Park Mr. Lieberenz said there is no sewer there now and he did not believe the City Engineer would permit a mobile home park on septic tank system. There has been one large trailer park on septic system and it didn't work. Mr. Lieberenz said the percolation out there is not very good. He said plans would have to be brought back before the Planning Commission and reminded the Commission this property is just West of where there is planned an 80 ft. street along the South boundary of University Farm. Several Commission members voiced a concern for Larry Wood's opinion on this. Bir. Hipp said McIlroy Bank has a substantial mortgage on this property and 00 Mr. Burgin wanted to be present, but could not. He emphasized the lay out of the property made it difficult to work with. 4-6-71 -4- Item Six on the agenda was the Large Scale Development Plan submitted • by Ralph Goff, Jr. for property South of West Fifteenth Street and RALPH GOFF, JR. West of Highway 71 South. Mr. Goff was present. Mr. Lieberenz said Large Scale this had been before the Plat Review Committee, Junior Parker was Development concerned about entrance off Fifteenth Street. That has been all cleared up. The Commission discussed briefly the memo from Wesley Howe dated March 3, 1971. Albert Witte said he thought a staff report should be given on the Mayes appeal. There was also a question about channeling it through the Plat Review Committee. Helen Edmiston moved that the Commission recommend approval of the rezoning petition of Shenandoah Mobile Home Park, Inc, to rezone SHENANDOAH MOBILE property from R-l.to R-2. Byron Boyd seconded. It was approved HOME PARK unanimously. RESOLUTION PC 15-71 Ernest Jacks moved that the Commission recommend approval to the Board of Directors of the petition of Kelley Brothers Lumber & Supply Company KELLEY BROTHERS to rezone property from I-1 to R-1 and make a recommendation that LU14BER & SUPPLY Larry Wood study this area with the industrial on Highway 112 with the idea of swapping I-1. .Dr. Mashburn seconded. It was approved unanimously, Ernest Jacks made a motion to deny the petition of Zed 0. Johnson, Dorothy E. Johnson, Glendon R. Johnson, and Virginia Johnson to rezone ZED 0. JOHNSON, property from R-1 to C -2r or C-1 on the grounds -of the staff report and DOROTHY E.. JOHNSON,— because it seems it would be stripping. Albert Witte seconded. There GLENDON R. JOHNSON, was a discussion before the vote. The motion was approved unanimously. VIRGINIA JOHNSON • • •• •• • • • ••I t • 11111151 11 111i'1• • ••• • • •• •••• • Albert Witte moved to recommend approval of the petition of the City PLANNING COMMISSIO1 Planning Commission to rezone part of the Industrial Park from A-1. to Industrial Park I-2. Helen Edmiston seconded. It was approved unanimously, Albert Witte moved to table the Bob J. Mayes appeal for permission to BOB J. MAYES develop a mobile home park with referral to the Plat Review Committee and Larry Wood. Ernest Jacks seconded. The motion was approved unanimously. Dr. James Mashburn moved to approve the large scale development plan RALPH GOFF, JR. of Ralph Goff, Jr.; Byron Boyd seconded. It was approved unanimously. Dr. Mashburn said he thought the time might be favorable to get a dedication for a street through Dr. Nettleshipts property, along the trailer park, and come out South of House of Honda. This matter was referred to Larry Wood for checking out. 4-6-71 -5- Ernest Jacks moved that a public hearing be scheduled for the earliest MEMO FROM WESLEY Fossible meeting to amend the Subdivision Regulations and Major Street HCYdE 3-3-71 Plan as requested in Mr. Howe's memo. Dr. Mashburn seconded. It was approved unanimously. The minutes of March 16, 1971 were approved as mailed. The meeting was adjourned at 5:45 P.M. 0 RESOLUTION PC 15-71 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, April 6, 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 Shenandoah Mobile Home Park, Inc. 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 part of the South Half of the Southeast Quarter of the Northeast Quarter (S/2-SEA-NE/4) of Section 22, T -16-N, R -30-W, being more particularly described as follows, to -wit: Beginning at a point 601 North of the SE corner of said 20 acre tract and running thence North 600 feet; thence West 796 feet; thence South 608.80 feet more or less to the North right-of-way of Highway 16 By-pass; thence along the North right-of-way of said Highway, N -89°221E, 796 feet more or less to the point of beginning and containing in all 11.045 acres more or less (481,103 sq. ft.) SECTION 2. That the above-described property be rezoned from R-1, Low Density Residential District, to R-2, Medium Density Residential District, so that use of the property may change from a legal non -conforming use to a legal conforming use. PASSED AND APPROVED this 6th day of April 1971, APPROVED: ROY CLINTON, CHAIRMAN RESOLUTION PC 16-71 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, April16, 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 Kelley Brothers Lumber & Supply 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 adopted for the purpose of rezoning from I-1, Heavy Commercial & Light Industrial District, to R-1, Low Density Residential District, said real estate. LEGAL DESCRIPTION: A part of the NEI., SES, and a part of the NWlr„ SE� all in Section 27, Township 17 North, Range 30 West, more particularly described as follows: commencing at the SE corner of the NE141 SE4 0£ said Section 27, thence West 877 feet to the centerline of Skull Creek for the point of beginning. From the point of beginning thence West 646 feet to Johnson Road; thence North, with Johnson Road, 1155 feet; thence East 740 feet to the centerline of Skull Creek; thence South, with the centerline of Skull Creek to the point of beginning con- taining 22, acres, more or less. SECTION 2. 'That :the above-described .property .bye -re zoned; from I-1, Heavy Commercial & Light Industrial District, to R-1, Low Density Residential District, so that the property may be subdivided and developed residentially. PASSED AND APPROVED this 6th day of April , 1971. APPROVED: ROY CLINTON, CHAIRMAN RESOLUTION PC 17-71 WHEREAS, a public hearing was held by the City Planning Commission, Tuesday, April 6, 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 public hearing, the Planning Commission voted to make a recommendation to the Board of Directors on the petition of Zed 0. Johnson, Dorothy E. Johnson, Glendon R. Johnson, and Virginia Johnson 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 R-1, Low Density Residential District, to C-2, Thoroughfare Commercial District, be denied. LEGAL Part of the SES of the SE4 of Section 2 in Township 16 North of Range 30 West, described as follows: Beginning at a point in the center of State Highway No. 45 which is 417 feet 4 inches West of the Northeast corner of said 40 -acre tract, thence South 30 feet for a beginning point; thence West parallel with the center of said Highway 5172 feet, thence South 330 feet; thence East 5172 feet to a point 417 feet 4 inches West of the East line of said 40 -acre tract; thence North 330 feet, more or less, to the point of beginning. SECTION 2. That the rezoning of the above described real estate to commercial zoning would not presently be desirable. PASSED AND APPROVED this 6th day of _April , 1971. APPROVED: ROY CLINTON, CHAIRMAN RESOLUTION PC 18-71 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, April 6, 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, certain property has been recently annexed to the City of Fayetteville; and WHEREAS, the Planning Commission has studied the area and wishes to make a recommendation to the Board of Directors of the City of Fayetteville. 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 I-2, General Industrial District, said real estate. LEGAL DESCRIPTION: A part of Section twenty-six (26), Township sixteen (16) North, Range thirty (30) West of the 5th P.M. more particularly described as follows: Beginning at the Northwest corner of said Section twenty- six (26); thence running South 1113' West 3622.81 feet; thence South 88°44' East 879.78 feet; thence North 0°341 East 990.00 feet; thence South 880521 East 955.83 feet; thence South 2°461 East 1022.00 feet; thence South 70142' East 321.10 feet;thence North 84055' East 3241.76 feet to the channel of the West Fork of White River; thence in a Northwesterly direction with the channel of the river to a point where said channel of the river crosses the North line of Section twenty-six (26); thence West to the point of beginning. SECTION 2. That the above-described property be rezoned from A-1, Agricultural District, to I-2, General Industrial District, so that the property may be developed as an industrial park. PASSED AND APPROVED this 6th day of April , 1971. APPROVED: ROY CLINTON; CHAIRMAN 0