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HomeMy WebLinkAbout1971-08-03 MinutesI* MINUTES OF A PLANNING COMMISSION MEETU!G The Fayetteville Planting Commission met at 4:00 P.M., Tuesday, August 7, 1971, in the Directors Room, City Administration Building, Fayetteville, Arkansas, Members Present: L. M. McGoodwin, Byron Boyd, Al Donaubauer, Ernest -Jacks, Helen Edmiston, Dr. James Mashburn. Members Absent: Foy Clinton, Dr. Walter Brown, Albert Witte. Others Present: William Bassett, Larry Wood, Harold Lieberenz, George F. Blackwell, Althea Moody, Mrs. A. H. Tedford, Peg Anderson, Jim Gregory, Bryce Davis, Loris Stanton, I. W. Reck, Mrs. Jack Hayes, Russell Purdy, Marion Orton, Pias. C. E. McKinney, Vice -Chairman Al Donaubauer called the meeting to order. The minutes of the July 20, 1971, meeting were approved as mailed. The discussion under "Other business" concerning the proposed Brookside Subdivision was tabled unanimously at Harold Lieberenz's suggestion. L. M. McGoodwin requested that the City Engineer, Paul Mattke, be present at the next meeting to discuss policies regarding developments where no sewer service is presently available, Mr. McGoodwin complimented Larry Wood on his work on the Staff Reports even though he did not always concur with his recommendations. He also stated he felt the Board of Directors should act in the way and manner that their judgment considered best for the City and was not bound to follow the recommendations of the Planning Commission. Mr. Donaubauer agreed on both points but felt there were situations where the Planning Commission had the right to challenge the Board's actions. The Commission considered the rezoning petition of William H. Bassett to rezone from R-2, Medium Density Residential District, to I-2, General Industrial District, property located West of South Hill Avenue and WILLIAM H. BAS Southwest o£ Anderson Place at this time. Mr. Bassett was present to South Hill Ave represent the petition. He said he would like to -have the property zoned as it was before the current zoning map was adopted. The Planning Office had told him he needed I-2, General Industrial. He said he had . been using the property as a material storage yard, for building materials and things like that. Dr. Mashburn arrived at 4:25 P.M. Harold Lieberenz submitted some photographs taken on the property June 30, 1971. He explained a permit had been issued in 1966 to move one building onto the property when it was zoned I -1B. He said the present I-1 is comparable to the old I-lB and the only I-2 within the City is in the 8-3-71 -2- Industrial Park. He said the Planning Office had stated 1-2 was needed to conform because of the present junk yard condition of the property. Larry Wood presented the Staff Report. The report was not favorable. Mr. McGoodwin asked 2•s. Lieberenz if Mr. Bassett were to request a permit to build apartments on this property, would a permit be issued. Mr. Lieberenz said no permit could be issued unless the property was served by a public street. When the 1966 permit was issued Mr. Bassett had said the drive alongside the railroad was a public roadway. Mr. Lieberenz pointed out that the setbacks for I-1 and I-2 would be 50 ft. on the North and East. The.property is only about 100 ft. wide, North and South. George F. Blackwell, 923 South Hill Avenue, opposed the petition because of the uses permitted to locate in I-2 Districts. Mr. Donaubauer acknowledged a petition to oppose Mr. Bassett's petition submitted by Mr. Blackwell. Mrs. Althea Moody 535 South Hill Avenue said her aunt owned the property adjoining Mr. Bassett on the North. She said this is nothing but a junk yard which breeds rats, roaches, etc. and invited the Commission to personally inspect it. Mrs. A. H. Tedford, 527 South Hill Avenue, said the lard filling Mr. Bassett has done has stopped the natural flow of water, which is backed up. • Mr. Bassett admitted the property contained an accumulation of debris from structures he has torn down around the City and apologized to the area residents. He promised to comply with whatever zoning he could obtain and to try to correct the drainage problem by adding more filling. He admitted the property is a nuisance. He also said he had started to add onto the existing building without a permit, but had been asked to get a permit. Mr. McGoodwin said he had strong feelings about the zoning of property being changed without the consent of the owner as was done when the map was adopted. "He was not willing to recommend I-2. Mr. McGoodwin moved the petition be approved, but with I-1, Heavy Commercial and Light Industrial District, zoning instead of I-2. Dr. Mashburn seconded. Larry Wood said that if the Commission feels compelled to revert back to the zoning before the up -dating, it is, in effect, making the efforts of the Commission over the past years null and void. If this property is to be considered for I-1, then all the property South of Highway 62 should be considered suitable for I-1. Peg Anderson inquired about City regulations pertaining to filling of land. She was told a property owner may fill his land at will; however State laws do restrict him from filling up any natural drains. Jim Gregory owned the property before Mr. Bassett and said the condition of the property is better now than it was in the past. Mr. Lieberenz suggested the Commission table. the petition with written permission from Mr. Bassett. 8-3-71 -3- Mr. McGoodwin and Dr. Mashburn withdrew their motion and second. Mr. McGoodwin then moved the petition be tabled until Mr. Bassett had gotten the property in shape to conform to the I-1 District, then the petition could be considered for I-1. Dr. Mashburn seconded the motion. The vote was unanimous to table the petition. The next matter before the Commission was the rezoning petition of Boys, Inc, to rezone from C-2, Thoroughfare Commercial District, to BOYS, INC. R-31 High Density Residential District, property located on the West Highway 71 By-pass side of Highway 71 By -Pass and South of Highway 16 I -lest, Bryce Davis represented the petition and submitted drawings of the proposed development. He said they have a letter of commitment from the FHA on the project which will include the 50 ft, access road alongside the By -Pass to the South line of this project. The group he represents has a purchase contract on the entire C-2 tract. Mr. McGoodwin questioned why this project ;ras not located on the South end of the tract so it would not be between two tracts of commercial development. He was told FHA had turned doom the development on the South because of a drainage problem, and that multi -family residential zoning was not sought on the South part because more than one person was involved. Larry Mood presented the Staff Report which recommended the zoning request be resubmitted for the South portion of the C-2 and recommended R-2 rather than R-3. hr. Davis said R-2 would be acceptable. Dr. Mashburn moved the petition be modified to R-2, Medium Density Residential, and approved. Byron Boyd seconded. Boyd, Mashburn, Jacks, . Edmiston, and Doraubauer voted "Aye" to approve R-2 zoning. McGoodwin voted "Nay", not because he opposed the zoning request, but because he was concerned about the part to the South. The motion passed. The next matter discussed was the petitions by the Planning Commission to rezone properties cn East Dickson including the Library property from R-2 to R-0, on Green Acres Road between Poplar Street and Sycamore Street R-0 on the North and C-2 on the South to eliminate the split zoning on Green Acres. The letter from Herbert Hatfield on the East Dickson Street property was discussed. Mrs. Edmiston said if the commercial zoning were extended to include all his property, where would the stopping point be. Mr. Lieberenz briefed the Commission on the request by the Board of Directors for individual notification -of all properties concerned in rezonings initiated by the Planning Commission. Mrs. C. E. McKinney, 1831 Greer. Acres Road, requested that all the property on Green Acres Road be zoned R-0 and specifically that her property be zoned R-0. She opposed a dog and cat hospital next to her. Larry Wood gave an oral report on the three properties. He recommended the zoning line on East Dickson be held where it is as zoning lines tend to equalize themselves. Dr. Mashburn moved that the public hearing on these 3 tracts be deferred to permit further notification of the people involved in accordance with. the Bca,-d of Directors wis`.es. Byrcn Boyd seconded. The motion was approved unanimously. PLANNING COMhfISSION REZONINGS Dickson St. Green Acres Rd. 8-3-71 -4- The next matter considered was the Large Scale Development Plan and conditional use request submitted by the Seventh Day Adventist Church ' for property located on Highway 265 approximately orsquarter mile SEVENTH DAY ADVENTIST South of Highway 45. I. W. Peck was present. Mr. Lieberenz said L.S.Development & there is no water or sewer service available at this time. He noted Conditional Use the proposed sign exceeds the zoning regulations and that the covered Highway 265 entrance is closer to the property line than permitted; however the Planning Commission can vary the setback on the entrance. Mr. McGoodwin moved the plan and use be approved with a variance on the setback for the entrance subject to the sign meeting the zoning regulations. Ernest Jacks seconded. The motion was approved unanimously. The next matter discussed was a Large Scale Development Plan submitted by Jack Hayes for property located on the North side of Cleveland Street JACK HAYES and East of Sang Avenue, Mss. Hayes and Ervan Wimberly were present. Cleveland St. They propose five duplexes, 10 units, two-story, townhouse concept. L.S.Development Mr. McGoodwin said he had originally questioned the way the water would be metered, but that has been worked out. He moved the plan be approved. Ernest Jacks seconded. In further discussion, Mr. Wimberly said Mrs. Hayes is checking with the insurance company to see if the savings in rates would be worth investing $350.00 to install an additional fire hydrant as suggested by Paul Mattke. This was not a mandantory request. He assured Mr. Lieberenz that in no places would the roof line of the buildings be closer than 20 ft. to the property lines. The plan was then approved unanimously. • Mr. McGoodwin related some new information on the, Fletcher rezoning petition. He and Mr. Donaubauer had visited with the individual with the option to purchase the property, and found that all information had not been presented. Also, the City Attorney advised the Board of Directors they could not take the matter up again at this time. The Board recommended that the Planning Commission and Board of Directors work together to amend ordinance'to permit home furnishings in the.0-1 Districts as quickly as possible. Mr. Lieberenz said the Planning Office has been instructed to schedule a public hearing before the Planning Commission for this purpose August 19, 1971. This has been done. Mr. Lieberenz discussed the Board of Directors' directive that all persons with properties being rezoned at the initiative of the Planning Commission be notified. He was disturbed that the ordinance does not require any public notice, etc. for large scale development plans, planned developments, -and the many conditional uses provided in the zoning ordinance. The Commission voted unanimously to put all business scheduled for Tuesday, August 17, on the same agenda as the public hearing for Thursday, August 19 and not to meet twice in one week. Larry Wood told the Commission that his policy has been and will be to disagree with the Planning Commission, when he does disagree, oni„v until the Con -mission reaches a decision. From that point on, their recommendation will be his recommendation. The meeting was adjourned at 6:15 P.M. JAMES & BILLYE FLETCHER Rezoning RESOLUTION PC 38 -71 - WHEREAS, pursuant to the provisions of the Code of Ordinances of the City* of Fayetteville, Arkansas, the City Planning Commission held a public hearing on the following rezoning petition, Tuesday, August 3, 1971, fifteen (15) days after a sign was erected upon the 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 a recommendation to the Board of Directors on the rezoning petition. Naq, 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 the following tract of property as hereinafter indicated. The petition of Boys. Inc. for property located on the West side of Highway 71 By -Pass and South of Highway 16 West, described as: A tract of land in the East Half of the S;A1,, of Section 7, in T -16-N, R -30-W, Washington County, Arkansas more particularly described as: Commencing at the SW corner of said Section 7; thence South, a distance of 60.0 feet; thence East a distance of 2,265.0 feet; thence N 1032' W, a distance of 1,720.1 feet to the Point of beginning; thence N 1°32' W, a distance of 682.00 feet; thence N 89°561 E, a distance of 675.00 feet; — thence S 1032' E, a distance of 182.00 feet; thence N 89°56, E, a distance of 220.16 feet to the West Right-of-way line of the 50 foot access road Right-of-way adjoining U. S. Highway 71 Loop; thence S 14'461 W along said Right-of-way line, a distance of 154.83 feet; thence S 51161 W along said Right-of-way line, a distance of 320.06 feet; thence S 100171 W, along said Right-of-way line, a distance of 32.00 feet; thence S 89°65' W. a distance of 807.23 feet to the point of beginning, containing 12.50 acres, more or less; requested to be rezoned from C-2, Thoroughfare Commercial District, to R-3, High Density Residential District. Planning Commission recommended rezoning from C-2, Thoroughfare Commercial District, to R-2, Medium Density Residential District, PASSED AND APPROVED this 3rd day of August , 1971. APPROVED: AL DOPAUBAUER, VICE-CHAIR1,1AN 0