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HomeMy WebLinkAbout1971-06-01 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, June 1, 1971, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Roy Clinton, Ernest Jacks, Dr. James Mashburn, Helen Edmiston, L. M. McGoodwin. Members Absent: Albert Witte, Byron Boyd, Al Donaub'auer, Dr. Walter Brown. Others Present: Larry Wood, Harold Lieberenz, Walter Niblock, Pat Demaree, Jim Fletcher, John White, C. M. Cralley, Ivan Mayes, Paul Gayer, James Bexley, Mr. & Mrs. Z. L. Thomas, Austin Brockway, Ervan Wimberley, Carl Collier, Elvis P. Heiney. Chairman Roy Clinton called the meeting to order. The first item of business was the rezoning petition of Deryle Easterling, EASTERLING, Ivan Mayes, and Paul Gayer to rezone from A-1, Agricultural District, to GAYER & MAYES C-2, Thoroughfare Commercial District a tract located west of Highway 71 Highway 62 W. By-pass and on the north side of Highway 62. Larry Wood presented the Staff Report which recommended denial on the basis that this rezoning,ofLthis property_wasrpremature. Mr. Gayer and Mr. Mayes were present. The petition was discussed. L. M. McGoodwin moved the petition be approved. Helen Edmiston seconded the motion. The vote was taken: L. M. McGoodwin and Helen Edmiston voted "Aye." Dr. Mashburn and Roy Clinton voted "Nay.". Ernest Jacks abstained as he did not like to go against the Staff Report. There was a tie vote; therefore the petition was denied. The second item of business was the rezoning petition of James F. and JAMES F. & Billye A. Fletcher to rezone from C-1, Neighborhood Commercial District, BILLYE A. to C-2, Thoroughfare Commercial District, a tract of property located east FLETCHER of Stone Bridge Road and on the south side of Highway 16. Highway 16 E. Larry Wood presented the Staff Report which recommended that the petition be denied and that the property which is currently zoned C-1, Neighborhood Commercial, be dezoned to R-1, Low Density Residential District. Elvis P. Heiney represented the petition andave the following reasons he thought the petition should be approved: k1) To get some of the commercial traffic off Highway 71. (2) Property is not suitable for residential use because it is next to the Animal Hospital and next to property that floods frequently. (3) C-1 zoning is a limited zone. The proposed use for this property is a furniture store and requires C-2 zoning. Dr. Mashburn moved that the petition be approved for the following reasons: (1) Should allow commercial every once in a while. (2) This is the only high property in that area. (3) Not suitable for residential use because of flooding to the East of it and the Animal Hospital to the West of it. Helen Edmiston seconded the motion. The vote was taken and the petition was approved unanimously. 6-1-71 -2- RESOLUTION PC 27-71 The next item on the agenda was the rezoning petition of James R. Bexley to rezone from I-1, Heavy Commercial and Light Industrial District, to JAMES R. BEXLEY R-3, High Density Residential District, a tract located at the southwest Gregg & Center corner of the intersection of Gregg Avenue and Center Street, Larry Wood presented the Staff Report which recommended denial of the petition because of the location of the property. Mr. James Bexley represented the petition and stated that he proposed to add more units to the existing structure on the property by connecting roof line of it and new structure. These units will be rented out mainly to University students. Mr. McGoodwin said there was no way to build onto existing structure without it eventually becoming substandard. Dr. Mashburn said this property is not easily accessible to the railroad because of the creek nor to truck traffic because of the hill on Center Street; therefore not easily accessible for future commercial use. Ernest Jacks moved that the petition be approved for the reasons cited by Dr. Mashburn. Dr. Mashburn seconded. The vote was taken: Jacks, Mashburn, and Clinton voted "Aye." McGoodwin and Edmiston voted "Nay.'' The petition was approved. RESOLUTION PC 28-71 • The next item of business was a petition of Morris G. Collier to close a ten foot alley running north and south between Lot 10 in Watson's Subdivision of Lot 14, Block S. County Court Addition and Lot 13, Block 81 County Court MORRIS COLLIER Addition, Mr. Collier was present. Harold Lieberenz stated the utility Alley Closing companies do not object to the closing. Mr. Collier wants to close this alley in order to build a double -deck parking structure in the future. He stated the alley has never been opened or used. He owns property on both sides of the alley. Dr. Mashburn moved the petition be approved; L. M. McGoodwin seconded the motion. The vote was taken and the petition was approved unanimously. The next item of business was the Large Scale Development Plan for expansion of a conditional use submitted by Walter R. Niblock acting on behalf of Big Chief Broadcasting Company for property West of Lewis Avenue and north of Holly Street. Mr. Niblock was present. He stated they wanted to add onto the existing radio station and the City ordinances require Planning Commission permission to enlarge it. He said they propose to make the radio station look residential in appearance because it is in the middle of a residential area. Mr. McGoodwin moved that the �plaiisq be aPProvede Helen Edmiston seconded, The vote was taken and the plans were approved unanimously, BIG CHIEF BROADCASTING L. S.Develop- ment & Condi- tional Use The next item of business was a public hearing to discuss proposed amendments AMENDING to the Subdivision Ordinance (#1750). The members of the Commission discussed SUBDIVISION REGULATION -3- each item and voiced their .. Ernest Jacks moved that the amendments as proposed be approved* Edmiston seconded. The vote was taken and all four amendments were approved unanimously. XXXXXXXXXXXXXXXMM== RESOLUTION PC 30�71vv ••' .•• • •• • •• • The next item of business was a public hearing to amend the Major Street Plan. The proposed amendments were discussed individually. Mr. & Mrs. AMENDING Z. L. Thomas and Austin Brockway represented residents in the path of MAJOR STREET the proposed route of the arterial street between Garland Avenue and PLAN College Avenue along the South boundary of University of Arkansas Farm, thence Easterly and Northeasterly to a point on Township Road. Mr. & Mrs. Thomas felt that half of the ROW should come from the University Farm property instead of most of the ROW coming off private property. Mr. Brockway suggested that the proposed street should have curb and gutters to make the appearance nicer and not devaluate private property further. Mr. McGoodwin said that the proposed route is basically the best route for the future arterial street for transportation between College and Highway 112. There are no engineering problems along this route, and it is the most feasible. Mr. Clinton said that if it were moved down to Sycamore, there would be more problems with residential property in acquiring necessary ROW. He said a map needs to be drawn to show the exact proposed route and ROW. Ernest Jacks moved that Items 1 through 4 proposed to amend the Major Street Plan be approved. Mr. McGoodwin seconded the motion. The vote was taken and the proposed amendments were approved unanimously, There was a discussion about other changes that need to be made in the Major Street Plan. Larry Wood recommended that the Commission consider PROPOSED relocating the collector street presently shown on Zion Road south to AMENDING MAJOR Stearns Street because the Sears complex blocks a direct east-weat route STREET PLAN at this time. He suggested reclassifying Zion Road from collector street to a minor street, reclassifying Stearns Road from a minor street to a collector street to tie into the east -west 80 foot street proposed through A. W. Realty property and plan extending future collector west of Stearns and Highway 71 intersection along the south property line of General Management Corporation property on Nelson's property west to Highway 112. Ernest Jacks moved that a public hearing be held as soon as possible on the relocation of the above mentioned collector street and to consider removing the expressway which is presently shown along the railroad from Center Street north to the City Limits. Helen Edmiston seconded. The vote was taken -and the motion was approved unanimously, RESOLUTION PC 32-71 The discussion by Ernest Jacks concerning the requirements for Large Scale Developments was postponed. 6-1-71 -4- The next item of business was a proposed Preliminary subdivision of PRELIMINARY PLAT A. W. Realty Company. Harold Ldeberenz briefed the Commission on the A. W. REALTY CO. recommendations of the Plat Review Committee. The members agreed that the proposed street to serve Blocks 1 and 2 should have a 60 ft. ROW instead of a 50 ft. ROW. Ernest Jacks moved that the plat be approved with the recommendations of the Plat Review Committee, Dr. Mashburn seconded. The vote was taken and it was approved unanimously. Chairman Roy Clinton called a special meeting of the Planning Commission SPECIAL for Tuesday, June 8, 1971, to work out some of the pending difficulties MEETING CALLED in the zoning ordinance. Mr. Jacks is to discuss the Large Scale Development requirements at this meeting. The minutes were approved as mailed, (for May".18, 1971) re7sWOUP Op (a — s_ RESOLUTION PC 26-71 L1 WHEREAS, a public hearing was held by the City Planning Commission, C) Tuesday, June 1, 1971, fifteen (15) days after a sign was erected on the property and after a notice was published in the Northwest Arkansas L1 Times, a newspaper of general circulation; and WHEREAS, after the public hearing, the Planning Commission voted to g make a recommendation to the Board of Directors on the petition of Deryle F. Easterline, Paul Gayer, and Ivan Mayes for rezoning; 0' J NOW, THEREFORE, BE IT RECOMIMENT)ED BY THE CITY PLANNING C014ISSION TO C) THE BOARD OF DIRECTORS OF TIE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the petition requesting the rezoning of property, described as follows, from A-1, Agricultural District, to C-2, Thoroughfare Commercial District, be denied. LEGAL DESCRIPTION: A part of the Northeast Quarter of the Northeast Quarter, and a part of the Northwest Quarter of the Northeast Quarter, .and a part of the Southwest Quarter of the Northeast Quarter of Section 19 in Township 16 North of Range 30 West more particularly described as follows: Beginning at a point which is 369.8 feet South of the Northwest corner of the Northeast Quarter of the Northeast Quarter and running thence North 85°301 East 278.3 feet, thence South 761 feet to the North line of the right-of-way of U.S. Highway 62, thence South 69, West 390.5 feet, thence North 390 :`est 368 feet, thence North 1130, West 555 feet, thence North 650301 East 265.7 feet to the point of beginning. ALSO, a tract more particularly described as beginning at a point which is is 1213 feet South of the Northwest corner of the Northeast Quarter of the Northeast Quarter, and South 690 West 45.5 feet for a point of Qbeginning; thence North 390 :'lest 264 feet; thence South 70°301 West 210 feet; thence South 19°30, East 256 feet; thence North 68°301 East �+ 298 feet to the point of beginning. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. L) PASSED AND APPRCIM this 1st day of June , 1971. t; L:1 APPROVED: G. Cd ROY CLINTON, CHAIRMAN iJ Z�� RESOLUTION PC 27-71 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, June 1, 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 James F. & Billye A. Fletcher. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF TIE CITY OF FAYETTEVILLE, ARKANSAS, SECTION 1. That an ordinance be adopted for the purpose of rezoning from C-1, Neighborhood Commercial District, to C-2, Thoroughfare Commercial District, said real estate. LEGAL DESCRIPTION: Part of the S`W4 of the 5144 of Section 13 and part of the 1*14 of the NW -41 of Section 24, all in Township 16 North of Range 30 West of the 5th P.N:., County of Washington, State of Arkansas, being more partic- ularly described as follows, to -wit: Beginning at a point on the North side of Section 24 where it intersects with the South side of State Highway No. 16, said point being 440.7 feet East of the Net corner of said Section 24, thence South 72°5' West along the right-of-way 42 feet; thence South 14°2' East 340 feet; thence South 3°481 West 106.3 feet to the center line of a public road; thence South 81181 East along the center line of said public road 32.3 feet; thence North 25°23' East 211.52 feet along an existing fence; thence North 35°301 East 52.67, feet; thence North 33° East 72.17 feet; thence North 20281 West 229.85 feet to the South right-of-way line of said State Highway No. 16; thence South 72'5' West along said right-of-way line 229.07 feet to the point of beginning, containing in all 1.9 acres, more or less. Rezoning requested for all that part of the above described lands in the City of Fayetteville. SECTION 2. That the above-described property be rezoned from C-1, Neighborhood Commercial District, to C-2, Thoroughfare Commercial District, so that the petitioner may sell the property to be used as a retail furniture store. PASSED AND APPROVED this lst day of June , 1971. APPROVED: ROY CLINTON, CHAS AN 0 • RESOLUTION PC 28-71 In1H REAS, a public hearing was held by the Tuesday, June 1, 1971, fifteen (15) days after the property and after a notice was published Times, a newspaper of general circulation; and City Planning Commission, a sign was erected on in the Northwest Arkansas WHEREAS, after the public hearing, the Planning Commission voted to make a recommendation to the Board of Directors on the petition of James R. Bexley for rezoning: NOW, THEREFORE, BE IT RECOA1MENDED BY THE CITY PLANNING CM01ISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That an oridnance be adopted for the purpose of rezoning from I-1, Heavy Commercial & Light Industrial District, to R-3, High Density Residential District, said real estate. LEGAL DESCRIPTION: A part of Lot One (1) in the County Court Plat of the Northeast Quarter of the Southwest Quarter of Section 16 in Township 16 North, Range 30 West of the 5th P.Ai, in the City of Fayetteville, Arkansas and being more particularly described as follows: Beginning at the Northeast corner of said NE14 of the 54114 of Section 16 Township 16 ITorth, Range 30 ';gest, thence South to an iron stake driven in the ground in the southwest corner of the intersection of West Center Street and South Gregg Street, for a point of beginning of the land to be conveyed, thence South 160 feet, thence West to the East line of the St. Louis and San Francisco Railway right-of-way, thence North along the East line of said Railway right-of-way 120 feet, thence East 65 feet more or less, to within 9 poles of the East line of said 40 acre tract, thence North 40 feet, thence East to the place of beginning, SECTION 2. That the above-described property be rezoned from I-1, Heavy Commercial & Light Industrial District, to R-3, High Density Residential District, so that the petitioner may construct additional apartment units on the property. PASSED AND APPROVED this 1st day of June 1971. APPROVED: ROY CLINTON, CHAIR11AN