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HomeMy WebLinkAbout1971-07-20 Minutes6" MINUTES OF A PLANNING C01431ISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, July 20, 1971, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Albert Witte, L. M. NcGoodwin, Byron Boyd, Roy Clinton, Ernest Jacks, Helen Edmiston. Members Absent: Dr. Walter Brown, Dr. James Mashburn, Al Donaubauer, Others Present: Jim Comley, Harold Lieberenz, Steve Lyon, Chairman Roy Clinton called the meeting to order. The first matter considered was a letter from Herbert Hatfield requesting that the Planning Commission rezone to C-2, Thoroughfare Commercial District, all of the property he owns on the Southeast corner of the intersection of College Avenue and Dickson Street. It was noted that the R-0, Residential Office District, would permit "auto parking garages" but would not permit a "used car parking lot". Ernest Jacks moved to defer action and consider HERBERT HATFIELD this letter August 3, 1971, when the property on the South side of Dickson Letter will be considered for zoning to R-0, Residential Office District. Byron Boyd seconded. The motion was approved unanimously. The next matter considered was a request from the property owners within Stapleton Subdivision #1 to have the Planning Con -mission rezone said Subdivision from A-1, Agricultural District, to R-1, Low Density Residential District, Harold Lieberenz reviewed the Jack Boudrey appeal to the Board of Adjustment for a variance and the Board's recommendation that rezoning be sought. He stated there is another subdivision with the same zoning on the other side of One Mile Road, Rutledge Subdivision. ',•r. Clinton stated he felt the principals involved should pay the advertising costs. L. M. McGoodwin moved that the Planning Commission initiate the proper procedure to put both subdivisions in R-1, Low Density Residential District. Helen Edmiston seconded. The motion was approved unanimously. RESOLUTION PC 35-71 STAPLETON SUBD. Letter reouesti RUTLEDGE SUBD. The next matter considered was a Large Scale Development Plan for Chateau Apartments, Phase IV, on North Leverett Street and on West Sycamore Street, Ernest Jacks gave a report from the Subdivision Committee. Jim Comley was present to represent the proposed plan. He stated elevations have been CHATEAU APARVENTS set for building 5 to take care of the Flood Plain and back-up valves Phase IV, L.S.D. are planned on the sewers. Mr. McGoodwin expressed concern that raising De the parking lot and/or building would cause additional flooding on the East side of Scull Creek. He said the channel of the Creek carries a very small percentage of the water. When the overflow on the West side is blocked, this diverts the additional water onto the East side. Neither Mr. Comley nor Mr. McGoodwin had a solution for this problem. Mr. Jacks discussed the Major Street Plan requirement for Sycamore Street. A proposal for revising the width of Sycamore has been approved by the Planning Commission, but has not gone to the Board of Directors as they need a 110 .7-20-71 -2- tetter map to accompany this recommendation. If Mr. Comley dedicates the q:roperty necessary to meet the existing requirements of the Major Street Plan, and the Major Street Plan is revised for Sycamore Street, he might eventually get back a portion of this dedication. Mr. McGoodwin moved that the Large Scale Development Plan for Phase IV, Chateau Apartments be approved. Ernest Jacks seconded. The motion was approved unanimously. The next matter considered was a Conditional Use Request submitted by BEREAN BIBLE Berean Baptist Church for property West of Plainview Avenue, Steve Lyon BAPTIST CHURCH was present on behalf of the Church. Ernest Jacks and Harold Lieberenz W. of Plainview reviewed the application. Mr. Jacks noted that one of the provisions of Conditional Use a "conditional use" was that there be access and egress to the property. Nr. Lieberenz said there has been a dedication of a street and a contract to improve the street recorded in the Court House in connection with a former owner of the property. He told Mr. Lyons what the street require- ments would be and said he felt this would have to be fulfilled before the building could be occupied. Ernest Jacks moved the request be approved on condition satisfactory arrangements be made for ingress and egress into the property and subject to the existing street standards with regard to the contract. Helen Edmiston seconded. The motion was approved unanimously. The next matter considered was the four remaining tracts of property initiated for rezoning by the Planning Commission and postponed from July 6, 1971. Yx. Lieberenz pointed out the four tracts which were as follows: Tract 2 to rezone from R-0, Residential Office District, to C-2, Thoroughfare Commercial District, property on the West side of College Avenue from Spring Street through the First Baptist Church property. PLANNIIZ COMMISSION Rezonings, Tracts 2, 3. 4, and 6 Tract 3 to rezone from R-0, Residential Office District, to C-2, Thoroughfare Commercial District, property on the east side of College Avenue from Spring Street through the Southwestern Electric Power Company property. Tract 4 to rezone from C-3, Central Commercial District, to R-0, Residential Office District, property on the east side of Church Avenue from Meadow Street to Spring Street, and property on the north side of Spring Street . from Block Avenue to an alley between School Avenue and Locust Avenue. Tract 6 to rezone from I-1, Heavy Commercial and Light Industrial District, to R-O,Residential Office District, property on the west side of :•lest Avenue between South Street and .ieadow Street and east of Frisco Railroad tracks. Mr. Clinton opened the discussion to any interested persons in the audience. Russell Purdy noted that some people have stated they find themselves zoned in a way they know nothing about. He asked if the people in the areas under discussion have been individually notified in addition to the City meeting all legal requirements. "Ir. Clinton said they have not been notified individually, although many are aware of the proposal. Ernest Jacks moved that the four rezonings just discussed all be approved. Byron Boyd seconded. Mr. Witte asked what Larry Wood had co=ented regarding the proposed rezonirgs. Ifr. Clinton. said he had recommended them. The motion was approved unanimously. XXXXXXXYaXXKKKXK=DD= RESOLUTION PC 36-71XXUJD0 iXKXXXXKXKX) rXMXXXX 7-20.71 -3- Two matters were discussed under "Other Business." Chairman Roy Clinton made a statement concerning the Board of Directors action in overturning a recommendation by the Planning Commission on the rezoning petition of James F. and Billye A. Fletcher. He felt an injustice was done toward these applicants when the Board did vote to rezone the area known as Watson's Shopping Center or East Gate to C-2 the same night. He felt the Board should rehear the petition. Russell Purdy said if he had made a mistake he would like to know about it arra that if he could be shown he was wrong, he would institute action to correct the mistake himself. The matter was discussed. Ar. McGoodwin made a motion requesting the Board of Directors to reconsider its action because the Commission felt "as though in this particular case an injustice was done for no particular reason (a) the Commission's action stated the geographic location is such that the property lends itself to a commercial venture. (b) It has been zoned commercial (C-1) since February 17, 1969. (c) The sewer outfall line to the South, Animal Hospital directly to the West and Flood Plain to the East and South makes this land impractical for any type of residential development. The request by the applicant was for a furniture operation which should in no way harm the surrounding area. The zoning of the zrea known as idatson Shopping Center to C-2 clearly indicates the Board's intention for commercial development in the area. Regrettably, the commercial classification "home furnishings" was not included in the C-1 area. The planning Commission has recommended that the classification "home furnishings" be included in a C-1 zone, but this will take some time as hearings will have to be held on this ordinance revision. We therefore respectfully request that the Board of Directors reconsider its •action on the zoning request of James F. and Billye A. Fletcher." Byron Boyd seconded the motion. JAMES F. & BILLYE A. FLETCi Requestfor reconsideration o Board of Director There was a further discussion as to why the Board of Directors had referred the petition back to the Planning Commission for further study. The Staff Report was also discussed. Dr. Mashburn said the Planning Commission spends two hours or so reviewing petitions before making its recommendations to the Board to take the brunt off the Board and so the Board does not have to spend so much time on these matters. Mr. Witte asked if any of the Board members have any reasons other than what had been mentioned in this meeting for voting the way they did. Mr. Purdy said that speaking for himself alone, he was influenced by the fact that the people in the neighborhood and the Church did not believe this was going to be a furniture store; they believed it was a subterfuge to put a liquor store in there. Mr. Witte asked if the Commission could nct assure the Board that in the event anyone tries to put a liquor store in, the Commission will oppose this to whoever issues liquor licenses. Air. McGoodwin and Mr. Boyd withdrew their motion and second. Air. Witte made a motion which was seconded by Air. McGoodwin to request the Board to reconsider its action, citing the points earlier mentioned by Mr. Clinton and Mr. McGoodwin, and assuring the Board that a liquor store in this location would be met by all objections which the Commissioncan muster before the licensing authorities. Mr. Clinton and Mr. Witte were to work out the specific wording of the resolution. The motion was unanimously approved by all six members present. ••• •• ••• • •• •• • RESOLUTION 7-20-71 -4- The other matter considered under "Other Business" concerned the 'Expressway" I shoom on the Major Street Plan. Mr. Lieberenz noted that Mr. Jacks had •moved that the Commission initiate action to remove the "Expressuay" EXPRESSellAY North of Center Street from the Major Street Plan. Ms. Jacks said his Major Street Plan intention had been to hold the public hearing on removing the entire length from the Major Street Plan. Bobbie Jones said the motion was not worded to include the proposal South of Center Street because the legend on the map indicates a proposed.expresmAay North of Center Street and an arterial street South of Center Street, Mr. Jacks asked that his motion be amended to include both sections. Mr. McGoodwin said he would like to have the Commission discuss the facilities and improvements that go into developments. He wanted Paul Mattke, City Engineer, present for this discussion. The minutes of July 6, 1971, Planning Commission meeting were approved as mailed. The meeting was adjourned at 5:45 P*11. IID a C] RESOLUTION PC 36-71 WHEREAS, pursuant to the provisions of the Cede of Ordinances of the City of Fayetteville, Arkansas, the City Plannirg.Commi.ssion held public hearings on the following rezoning petitions, Tuesday, July 20, 1971, fifteen (15) days after a sign was erected upon each tract of 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 recommendations to the Board of Directors on the following rezoning petitions. NOW, THEREFORE, BE IT RECO, 1I NTT)ED BY THE CITY PLANNING COI-24ISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That ordinances be adopted for the purpose of rezoning the following tracts of property as hereinafter indicated. Tract Io. 2: Beginning at a point where the east R019 line of Highland Avenue intersects with the north line of T)ict:son Street, thence north along the east ROA' line of highland Avenue to the Northuest (!"W) corner of Lot 4 of 13locl: Ten (10) of the County Court Addition, thence east along north line of Lot 4 to the Northeast corner of Lot 4 which is a point on the west 'Mil line of College Avenue, thence south along the west ROW line of College Avenue to the noint where the west ROW line of Collee ;Avenue intersects .with the north T O'9 line of Spring Street, t!:ence i•;est along the north 'OPd line of Spring Street to the Southwest corner of Lot Twelve (12) of the Subdivision of Plock One (1) of the Original Town Plat which is a point or. the east line of the north -south alley location in Block 1 of the Original Town Plat, thence north along east line of the alley running north and south in Block 1 to the south MI.' line of Dickson Street, thence :.'est along the south line of Dickson Street to a point where the east ROT! line of Highland, if extended south, would intersect with the south line of Dickson Street, thence north to the point of beinning; from R-0, Residential District to C-2, Thoroughfare Commercial - District, Tract No. 3: Beginning at a point on the north ROW line of Spring Strect where the north 1?O1" line of Spring Street intersects with the east 8019 line of College Avenue, thence east along the north ROI" line of Spring Street 220 feet, thence north 110 feet, thence east 60 feet, thence north to the north line of Dickson Street ROW, thence west along north ROW line of Dickson Street 120 feet, thence north 250 feet, thence west 160 feet to the east ROt" line of College Avenue, thence south along the east ROP. of College Avenue to the point of beginning; from R-0, Residential !Office District to C-2, Thoroughfare Commercial 7istrict. �(a Tract 'No. 5: Beginning at the Southeast corner of Lot 1 of Blocl: 13, of the Original Town Plat i:/hien is a point on the east -west a alley in Block 18 of the Original Tol•m Plat, thence -,est along Q east -west alley in Blocl; 18 to the South:•/est corner of Lot 2 of Iwj Block 13, thence north along the east R01" line of Locust Avenue 11 to the south R01%-- Line of Meadol:! Street, thence east along the south !101K line of Meadow Street to tite j..est Ttm%' line of Church Avenue, thence south along the Brest RO11( line of Church Avenue to the point of beginning; from ?-0, 1?esidential OfCice District to W C-3,�Central Commercial District. Li W Tract No 6: Beginning at a point on the Southeast corner of Block Q. 36 of the Original Town Plat, thence west along the north F.034 line of South Street to the point where it intersects with the east ROW �' line of the spur track of the St. Louis and San Francisco Railroad, thence north in a Northwesterly direction along the ea6t 8014 of the J railroad to the point where it intersects with the south ROW line of Meadow Street, thence east along the south ROW line of Meadow Street to the east ROW line of West Avenue, thence south along the east. ROW line of West Avenue to the point of beginning; from I-1, Heavy Commercial and Light Industrial District to R-0, Residential Office District. ----- PASSED AND APPROVED this 20th day of July 19710 APFROVBD: ROY CLINTON, CHAIRM-Nk !a. P a _ c �Y L - V V W U/ W W (li RESOLUTION PC 37-71 We, the Planning Commission of the City of Fayetteville, respectfully request a reconsideration by the Board of Directors of the City of Fayetteville of the rezoning petition of James F. and Billye A. Fletcher for the following reasons: 1. Any objection based on the suitability of this land for residential development is, we are convinced, unrealistic as: A. The topographic location and unique surrounding characteristics as outlineiin "C" below make it suitable only for a commercial venture. B. The property has been. zoned commercial (C-1) since February 17, 1969. Co The sewer outfall line to the South, Animal Hospital directly to the West, Flood Plain to the East and South, and the all night garage to the North make this land impractical for any type of residential development. 2. Any objection based on the apprehension that this petition is a subterfuge for the construction of a liquor store will be met by all objections which the Planning Commission can muster before the proper alcoholic licensing board. 3. There is currently no general plan for this particular area. Regrettably, the commercial classification "home furnishings" was not included in the C-1 area. The Planning Commission has recommended that the classification "home furnishings" be included in a C-1 zone, but this will take some time as hearings will have to be held on this ordinance revision. We therefore respectfully request that the Board of Directors reconsider its action on the zoning request of James F. and Billye A. Fletcher and that this reconsideration be taken as soon as possible so as to give every opportunity to the Fletchers to make suitable plans and arrangements for the tract i_*: question. THIS RESOLUTION PASSED AND APPROVED UNANIMOUSLY BY THE FOLLOWING PLANNING COMMISSION hEYI ERS PRESENT THIS 20th day of July , 1971: Roy Clinton, Chairman Ernest Jacks, Secretary Albert Witte L. M. MCGCCc :a`_a Byron Boyd. N.rs, Helen EClston