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HomeMy WebLinkAbout1971-05-04 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, May 4, 1971, in the Directors Room, City Administration Building, Fayetteville, Arkansas, Members Present: Albert Witte, Byron Boyd, Roy Clinton, Ernest Jacks, Helen Edmiston, Dr. James Mashburn. Members Absent: Al Donaubauer, L. M. McGoodwin, Dr. 'Walter Brown. Others Present: Wesley Howe, Harold Lieberenz, Larry Wood, Wayne Hulse, Walter Niblock, Truman Smith, Paul Gayer, Deryle Easterling, Mr. Curtis, C. T. Pearson, Jr., Frank Giles, Tommy Williams, Dr. David Harner, Jim Holder, Jim McDonald, Lois Slaughter, James Lambeth, Nick Nickell. Chairman Roy Clinton called the meeting to order. The first item on the agenda was Planning Commission action on appeal by Bob J. Mayes for permission to use property on East side of Garland Avenue and South of University Farm to develop Mobile Home Park. Richard Hipp, Attorney, had submitted a written request to defer this until the next meeting. Mr. Clinton explained the Planning Commission had actually considered this at the April 20 meeting without proper notification to the applicant. Albert Witte moved to rehear the applicatn on May 18 as requested. Ernest Jacks seconded. It was approved unanimously. The second item on the agenda was an appeal by Wayne Hulse to change a non -conforming use located on the Northeast corner of West Avenue and Lafayette Street from shoe repair to order -to -go food. Mr. Hulse was present to represent the application. He stated the shoe repair had just moved out the past week end. Mr. Jacks asked Mr. Lieberenz to explain the conditions under which the Planning Commission could approve a 'change in non -conforming use. The Commission must find that such a change is equally appropriate or more appropriate than the existing use. Mr. Howe questioned the parking requirements. Mr. Lieberenz said the food service would be 1 per 200 sq. ft.; the shoe repair would be 1 per 1,000 sq. ft. BOB J. MAYES Appeal for Mobile Home Park WAYNE HULSE Appeal to change non -conforming use There was no one, 6bher than Mr. Hulse, present interested in this appeal. The third item on the agenda was the rezoning petition of Deryle R. Easterling and E. M. Coleman to rezone property located on the DERYLE R. EASTERLING Northwest corner of the intersection of Highway 71 By -Pass and & E. M. COLEMAN Highway 62 West from A-1, Agricultural District, to C-2, Thoroughfare Hwy. 62 & 71 By - Commercial District, Pass Larry Wood presented the staff report. He pointed out two errors in the staff report. There is existing C-2 on Highway 62 covering the drive-in theatre and also farther out on Highway 62. Dr. Mashburn arrived at 4:20 P.M. Truman Smith represented the petition. He stated the character of the land indicates its only useful purpose is commercial. No objections 5-4-71 .2. had been filed from adjoining property owners. He said he felt the letter submitted from Mr. Gayer and Mr. Mayes was a misunderstanding on their part. He gave the proposed use for the property as an IGA grocery store. He submitted a drawing. Mr. Clinton asked what use was planned for Mr. Coleman's property, as it was not shown on the drawing. He pointed out the developer would be required to construct a 50 ft. service road along the By -Pass. Mr. Smith said the Coleman property would be used for additional parking and for the service road. Only the eastern portion of Mr. Easterling's property is included in the rezoning request. Mr. Clinton invited comments from opponents. Paul Gayer said he would like to see the petition presented as originally planned, containing all of Mr. Easterling's property, Mr. Geyer's property, and Mr. Mayes' property. He and Mr. Mayes had had their abstract work done, and the petition was filed March 31 including their property. Truman Smith filed the petition. He and Mr. Mayes were not notified they had been dropped from the petition and were not aware of it, until the public notice setting the hearing was published. He stated they did not object to the rezoning, but did ask that the original petition be considered and that this be tabled until the original petition could be considered. Mr. Clinton said Mr. Gayer's property could not be considered until a future date, after publication of a notice. Truman Smith presented a letter to Mr. Clinton stating his position in this. David Malone, City Attorney, had indicated to the Planning Office that the Planning Commission should decide what to do on this. There was no other opposition present on this. Mr. Curtis, with IGA, said they planned to put in a grocery store to start with, maybe also two or three small shops. Albert Witte asked for comments from the petitioners on the staff report. Walter Niblock, Attorney, said there are no supermarkets from Gragg's Grocery to PrairielGrove. The other C-2 zones (outside the By -Pass loop) are all occupied and in use. Item Four on the agenda was a letter from Ivan M. Mayes and Paul Gayer requesting that the rezoning petition of Deryle R. Easterling and E. M. Coleman be set aside and the petition be considered as filed on March 31, 1971. IVAN M. MAYES & PAUL GAYER letter regarding Easterling -Coleman rezoning petition. Mr. Clinton said he thought Mr. Gayer had previously stated his position. He asked Mr. Gayer if he would wish to have his petition heard separately at a later date should the Planning Commission not combine the petitions. Mr. Gayer said that unless he could have some assurance his property would be rezoned, he would object to the rezoning of the Coleman -Easterling tracts. Mr. Clinton said the Commission would take this under consideration. 5-4-71 -3- Walter Niblock, an associate of Truman Smith, said that Mr. Smith had done as he should in amending the petition; however, the office had failed to send a letter to Mr. Gayer and Mr. Mayes informing them of this action, and they were in error in this. He apologized to the group present and to Mr. Gayer and Mr. Mayes, Harold Lieberenz said that it has been common practice in the past to accept as one petition more than one property, so long as they are immediately adjacent to each other. When a petition is filed by an attorney on behalf of a client, and the attorney submits an amended petition, this has been accepted by the Planning Office. Mr. Smith had made reference to "preliminary review" which indicated that not more than 500 ft. depth could be rezoned. Mr. Jacks asked to what review he referred. Ms. Niblock said this was research from his office. It is customary to consult with the Planning Office and sometimes members of the Commission. The public hearing on the Easterling -Coleman petition was closed. The fifth item on the agenda was the rezoning petition of Frank & FRANK & MAUDIE KELLY & Maudie Kelly and Leonard & Frances Kelly to rezone property located LEONARD & FRANCES on the North and South sides of Highway 16 By -Pass (15th Street) and KELLY - 15th Street West of Morningside Drive from R-2, Medium Density Residential District, to C-2, Thoroughfare Commercial District. Larry Wood presented the staff report. The report questioned the possibility of extending industrial zoning South of 15th Street to 15th Street, felt the North side of the street should remain in some form of residential zoning, did not recommend Highway 16 should be stripped out commercial. C. T. Pearson, Jr. represented the petition. He said the property has one house on the South side of 15th Street. On the North side there is a restaurant on the Northe'"alt corner. They plan to put a service station or. the Northwest portion. He felt the best use of the property would be of a commercial nature, as this is a major thoroughfare. There was no opposition present. The public hearing was closed. The sixth item on the agenda was the rezoning petition of Frank Giles to rezone property located North of Wedington Drive and East of FRANK GILES Highway 71 By -Pass and Cabinet Lane from R-1, Low Density Residential Cabinet Lane District, to C-2, Thoroughfare Commercial District, Larry Wood presented the staff report._.The:report_did.not recommend rezoning of the property as it is an interior parcel of land with no access to a major street. Frank Giles was present. Mr. Giles complained he was not warned about the General Plan when he submitted his application. He felt he should have been advised the Commission would not approve his petition before it was accepted. Mr. Clinton said he believed Mr. Giles was present at a public hearing when Johnie Bassett requested rezoning in this area. The same reasons for denial were given at that meeting as are contained in the staff report. 5-4-71 -4- Tommy Williams said he purchased property from Mr. Giles when it was 10 outside the City and bought it with the understanding that he would have to put his cabinet shop next to the old barns. Mr. Giles had insisted they be placed at this location. Mr. Giles said he did not remember this and asked if it was in the deed Mr. Williams got. The public hearing was closed. Item No. 7 on the agenda was the rezoning petition of Dr. David Harner for property located on the West side of College Avenue between Prospect and Trenton Streets and to rezone from R-0, Residential -Office District, to C-2, Thoroughfare Commercial District DR. DAVID EARNER W. side of College between Prospect & Trenton Streets Larry Wood presented the staff report. The report did not recommend commercial use for this property due to grade, retaining wall, blind curves, and traffic volume in this area. The report stated the present zoning even allows a more intense use of the property than the surrounding situation dictates. Dr. Harner represented the petition. He stated the property was C-2 when he purchased it and asked when it had been changed. Mr. Clinton and Mr. Lieberenz explained that when the whole zoning of the City was undertaken, there were neighborhood meetings throughout the City. Then newspaper notice was given of a public hearing. One of the reasons for putting this in R-0 was the great traffic problem on Highway 71. Dr. Harner said he bought the property 4 or 5 years ago. Is adjoining Holder said he did not oppose the rezoning request. He owns the adjoining property and formerly owned the subject property. It has always been commercial. He suggested Mr. Wood should check on the traffic and parking problems around the nearby doctors offices. He felt the zoning of the subject property should be C-2. 0 Jim McDonald said he leases some property nearby and hopes to buy some more. He felt the traffic should be relieved when the By-pass opens up. He would like to see this property commercial. Nick Nickell said he had purchased a station from D -X as C-2. He planned to build a modern service center there. Lois Slaughter said her position has not changed from the last meeting. If her property is severely damaged, she cannot rebuild. She feels it should be commercial. There has never been an accident coming into her property. There was nothing further to be added. The public hearing was closed. Item No. 8 on the agenda was a letter from H. Dudley Shol7mier concerning the requirement of the Subdivision Regulations for informal plat to divide a lot. James Lambeth represented Mr. Shollmier. He said they would like to by pass the informal plat requirement because of the DUDLEY SHOLLMIER cost and time involved. The property has been surveyed. Mr. Lieberenz re: Informal said he has checked and the cost runs $200 to $400. It takes about Plat Requirement 2 months to process. Mr. Shollmier would like to have the Commission 5-4-71 -5- waiver the informal plat requirement. He hoped to take back the property, have a large scale development plan approved, build two houses and then submit the divided property later. Mr. Jacks asked if the Commission had the authority to waiver the regulations. The Subdivision Regulations was read as pertains to variances. Mr. Wood asked whether any additional ROW was needed. Mr. Lieberenz said this has not been before any committees yet. He explained a similar problem on the Woolco property. He explained how the old subdivision ordinance *corked. Mr. Jacks asked if he favored lowering the informal plat requirements to lower the cost. Mr. Lieberenz said he thought the old ordinance worked well. Item No. 9 on the agenda, a discussion of I-1, Heavy Commercial & Light Industrial, around Kelley Brothers Lumber & Supply Company rezoning request, was deferred until the May 18 meeting. Under "Other business" Mr. Clinton read a letter to the Planning LETTER FROM Commission from Washington General Hospital informing the Commission WASHINGTON GENERAL of their intention to use the property South of the Hospital and HOSPITAL, re: park. across North Street for parking purposes during the construction of the Cobalt unit. The Commission returned to the Wayne Hulse appeal to change a non- conforming use. Dr. Mashburn moved to approve the change. Albert WAYNE HULSE Witte seconded. Mr. Jacks said this seemed to be a non -conforming use which would not be more restrictive and would create a bad traffic • problem in this area. Mr. Witte asked if it was reasonable to get more information about the parking before taking action. Mr. Lieberenz said the Commission was empowered to put conditions on it. Mr. Witte said he would like to delay 2 weeks until the next meeting, so that he could respond more clearly to the hazard problems. Mr. Lieberenz said Mr. Hulse has not yet obtained approval from the State Board of Health. Dr. Mashburn withdrew his motion; Mr. Witte withdrew his second. The Commission agreed to postpone action until May 18 and request more information on traffic. Dr. Mashburn moved to approve the rezoning petition of Deryle R. EASTERLING- Easterling & E. M. Coleman to rezone property from A-1, Agricultural COLEMAN District, to C-2, Thoroughfare Commercial District. Helen Edmiston seconded. It was approved unanimously. RESOLUTION PC 23-71 Mr. Clinton asked Mr. Gayer if he would like to have his property considered for rezoning. He said he would, and explained what had PAUL GAYER happened. He said Mr. Malone (City Attorney) had said the City would IVAN 14AYES file his and Mr. Mayes petition at no charge. Mr. Clinton and the Commission left the matter between the Planning,Office, Mr. Gayer, Mr. Mayes, and Mr. Malone to decide whether to pursue rezoning. Ernest Jacks said he thought the point about stripping in the staff • report on the Kelly petition was well made. It -7. Jacks moved to KELLY, KELLY, recommend denial of the petition of Frank & Maudie Kelly & Leonard KELLY, & KELLY & Frances Kelly for the reasons stated in the staff report. He agreed 0 11 5-4-71 .6. wholeheartedly with the idea of not stripping the 16 By-pass. Albert Witte seconded. Mr. Clinton noted that in the past the Commission has zoned some large tracts commercial and this has later come back to haunt the Commission, The vote was taken. The motion to deny the petition was approved unanimously. RESOLUTION PC 24-71 XXXXXXFXXXXXXy= Helen Edmiston moved that the petition of Frank Giles for rezoning be denied. Byron Boyd seconded. It was approved unanimously. RESOLUTION PC 25-71 FRANK GILES Ernest Jacks moved to table the petition of Dr. David Harner until the Planning Commission gets over the public hearing with all this DR. DAVID HARNER section of R-0. He further moved to look at all the R-0 from Trenton Street to North Street. Byron Boyd seconded. The motion was approved unanimously. Dr. Mashburn said he felt if the cost of an informal plat is as high as reported, he felt the regulations should be changed. Mr. Howe DUDLEY SHOLLMIER suggested that Larry Wood and Harold Lieberenz could probably come up with something more workable. Mr. Lieberenz suggested that if the Commission was inclined to waiver the regulations on Mr. Shollmier's request, they could waiver it on condition the City Attorney says they can do it. Mr. Wood said there appeared to be a need for 5 fto on one street and 10 ft, on the other street for additional ROW. Mrs. Edmiston moved that the Commission waiver the informal plat requirement as recommended by Mr. Lieberenz and to follow his recommendations. Dr. Mashburn seconded. The motion was approved unanimously. Dr. Mashburn proposed that Mr. Wood and Mr. Lieberenz look into this situation and see if there isn't a more feasible way to do this. The minutes of April 20, 1971 were approved as mailed. The meeting was adjourned at 6:15 P.M. 0 RESOLUTION PC 23-71 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, May 4, 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 Deryle R. Easterling and E. M. Coleman, 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 Northeast Quarter of the Northeast Quarter, Section 19, T -16-N, R -30-W, Washington County, Arkansas, more particularly described as follows: Beginning at a point three hundred seventy- nine and eight -tenths feet (379.8) South and North 850 301 East two hundred seventy-eight and three -tenths (278.3) feet of the Northwest corner of said forty acre tract, and running thence East three hundred (300) feet; thence North sixty-seven and five - tenths (67.5) feet; thence in a Southeasterly direction along the western right-of-way of U. S. Highway 71 By -Pass to the Northern right-of-way of U. S. Highway 62; thence in a westerly direction along the Northern right-of-way of U. S. Highwa 62 five hundred seventy-nine and thirty-four hundredths (579.34 feet; thence North seven hundred seventy-four and forty-four hundredths (774.44) feet to the beginning point, and containing six and sixty-eight hundredths (6.68) acres more or less. SECTION 2. That the above-described property be rezoned from A-1, Agricultural District, to C-2, Thoroughfare Commercial District, so that the petitioner may develop said property commercially. PASSED AND APPROVED this 4th day of May , 1971 APPROVED: ROY CLINTON, CHAIRMAN RESOLUTION PC 24-71 WHEREAS, a public hearing was held by the City Planning Commission, Tuesday, May 4, 1971, 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 Frank Kelly-and�Maudie Kelly and Leonard Kelly and Frances Kelly for rezoning. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANING 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-2, Medium Density Residential District, to C-2, Thoroughfare Commercial District, be denied. LEGAL Part of the Northeast quarter (NE4) of the Southwest quarter (Sr14) of Section 22 in Township 16 North of Range 30 West, and being more particularly described as follows, to -wit: Beginning at a point of intersection of the South line of Highway #16 By -Pass and the West line of said 40 acre tract, thence South 290 feet, more or less to the Southwest corner of the North half (N2) of the North half (NZ) of the Northeast quarter (NE4) of the Southwest quarter (Svi-41) and running thence East 1320 feet, thence North 150 feet, thence West 100 feet, thence North 140 feet, more or less to the South line of:said By -Pass thence West along said By -Pass 1220 feet more or less to the point of beginning. ALSO: Part of the Southeast quarter (SE4) of the Northwest quarter (NeJ4) of Section 22 in Township 16 North of Range 30 West, and being more particularly described as follows, to -wit: Beginning at the Point of intersection of the North line of State Highway ;'16 By -Pass and the West line of said 40 acre tract, thence North 250 feet, thence East 1320 feet, thence South 250 feet, to the North line of said By -Pass, thence West 1320 feet to the point of beginning. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. PASSED AND APPROVED this 4th day of May , 1971. APPROVED: ROY CLINTON, CHAIRMAN RESOLUTION PC 25-71 WIIEREAS, a public hearing was held by the City Planning Commission, Tuesday, May 4, 1971, fifteen (15) days after a sign bras 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 Frank Giles for rezoning. NO.'i, THEREFORE, BE IT RECOMMENDED BY TIE CITY PLANNING COMISSION 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 DESCRIPTION: Part of the Hest Half of the Northeast Quarter of Section 7, Township 16 N, Range 30 W, Washington County, Arkansas, more particularly described as follows: Beginning at a point 549 feet North of the SE corner of the SW4 of the A>E4 of Section 7, T!,!P 16 N, R 30 W, thence West 264 feet; thence North 710 feet; thence northeasterly 692 feet to a point on the East line of the NK4 of the NE4 of 7-16-30 West; thence South 1.350 feet to the point of beginning containing 6.25 acies more or less. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. PASSED AIM APPROVED this 4th day of May 1971. APPROVED: ROY CLINTON, CHAIRMN