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HomeMy WebLinkAbout1971-10-05 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, October 5, 1971, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Albert Witte, Dr. Walter Brown, Roy Clinton, Ernest Jacks, Helen Edmiston, Dr. James Mashburn. Members Absent: Byron Boyd, Al Donaubauer, L. M. McGoodwin. Others Present: Gene Garrett, Pete Young, Harold Lieberenz, Wesley Howe, Mrs. Alice Gerard, Mr. & Mrs. Tommy Scott, J. Howard, Betty Anderson, Dr. Jacob Agee, Walter Niblock, Melvin Johnson, Mrs. Paul Heerwagen, Paul Rhoades, Mrs. D. Hanna, Evan Bukey, Robert Hickson, Helen Bocquin, Paul Lewis, Jack Highland, Joanette Hobb., Dr. David Fields, John Lisle, Jr., Helen Leflar, Eleanor Johnson, Elsie Jones, Marion Orton, Richard Hipp, Kenny Bell, Duane Nelson, Tom Eads, Chairman Roy Clinton called the meeting to order. The first item of business was a plat of a proposed subdivision outside the City of Fayetteville and within the Planning Area to be known as Twin Oaks Subdivision located West of State Highway 112 (Part of NE4, SE4, Sec. 29, T -17-N, R -30-W) submitted by Gene Garrett TWIN OAKS SUED. and tabled September 7, 1971. Mr. Garrett presented a letter from (Outside City) John E. Mahaffey & Associates, Engineers, certifying private sewer (Gene Garrett_) disposal systems could be supported by each lot in accordance with State Health Department Bulletin No. 9. Mr. Garrett also submitted plat covenants to be filed with the plat. The next matter considered by the Commission was Rezoning Petition INDUSTRIAL FINANCE No. R71-1, filed by Industrial Finance Company for property located COi•iP�IY on the South side of Rockwood Trail between Fallin Avenue and Vinson R71-1 - Rock rood Avenue, to rezone from R-1, Low Density Residential District, to T R-2, Medium Density Residential District. Since Larry Wood was not present to present the Staff Report, Roy Clinton read the prepared report. There was no one present to represent the petition. Questions and comments were accepted from the audience. Mrs. Alice Gerard presented a petition opposing the rezoning from people in the community. Roy Clinton read the petition. Tommy Scott felt a reasonable use of the property could be made without rezoning and was concerned with the effect of rezoning on other nearby undeveloped properties. J. Howard on Woodlawn was also concerned that the rezoning would set a precedent in the area, the possibility of adding to Root School attendance, and added that the water pressure on Woodla-..n is very low. Mrs. Tam Scott asked that the petitioner furnish some justification for changing to R-2. Betty Anderson stated a traffic hazard already exists on Rockwood Trail and felt heavier density would only complicate it. Helen Edmiston asked how many units could be placed on the property with R-2 zoning. She was told a maximum of 8, but parking and setback requirements would have to be met. The public hearing was closed. 1.8 10-5-71 -2- The next matter considered by the Commission was Rezoning Petition No. R71-2, filed by Dr. Jacob Agee for property located on the DR. JACOB AGEE Northeast corner of Washington Avenue and Dickson Street (210 East Petition R71-2 Dickson) to rezone from R-1, Low Density Residential District, to 210 E. Dickson R-0, Residential Office District. Roy Clinton read the prepared Staff Report. ,.'alter Niblock, Attorney, and Dr. Agee were present to represent the petition. They stated Dr. Agee wanted to purchase the property and use the existing dwelling for a dental office. Roy Clinton stated he had received some calls opposing the rezoning; also a petition had just been submitted opposing the rezoning. Copies of letters of opposition received by the Planning Office were circulated to the Commission members. Questions and comments were accepted from the audience. Melvin Johnson, 306 North Willow objected to the rezoning: Mrs. Paul Heerwagen opposed the rezoning and asked the Commission to recall what zoning changes had done to College Avenue. Paul Rhoades, Mrs. D. Hanna,. Evan Bukey, Helen Bocquin, Paul Lewis, and Mrs. Jack Highland opposed the rezoning. ..Robert Hickson felt the zoning should not be changed until the community reached the point where the old homes were no longer being maintained. Afterwards, Walter Niblock made a few further remarks on behalf of the petitioner. The public hearing was closed. The next matter considered by the Commission was Rezoning Petition No. R71-3, filed by Jimmie D. & Joanette E. Hobbs for property located at 1601 North Sang Avenue, to rezone from R-1, Low Density Residential District, to R-0, Residential Office District. Roy Clinton read the prepared Staff Report, Mrs. Hobbs was present to represent the petition. She requested the zoning change so that she could have a beauty shop JIMMIE D. & in her home. Mr. Lieberenz explained that the R-1 district does not JOANETTE E. permit home occupations, but they are permitted in the R-2, R-3, and HOBBS R-0 districts. Mrs. Hobbs told Mr. Clinton she plans a 2 -chair shop. Petition R71-3 There were no questions or comments from the audience, 1601 N. Sana The public hearing was closed, The next matter considered by the Commission was Rezoning Petition No. R71-4, filed by David B. Fields for property located on the on the Northeast corner of Nettleship Street and Hartman Avenue, DAVID B. FIELDS to rezone from R-1, Low Den ity Residential District, to R-2, Petition R71-4 'Medium Density Residential District. Roy Clinton read the prepared Nettleship & -Staff Report. John Lisle, Jr., Attorney, represented the petition. Hartman _Dr. Fields was also present in the audience. The Commission discussed with Mr. Lisle the 2 lots under petition and also the single 50 -ft. _lot to the East between the 2 lots under consideration and the 3.. "lots recently rezoned. Eleanor Johnson said she understood the Westphal's who own the 3 lots recently rezoned are buying the single 50 -ft. lot. Questions and comments were accepted from the audience. Helen Leflar, an area resident, objected to the zoning change. They had purchased property North of this and replatted into larger lots with protective covenants to protect the neighborhood. She desired to have the wooded nature of the area retained and said others requested she speak on behalf of them. Elsie Jones lives on the South side of Nettleship and also objected. Eleanor Johnson objected, but had not opposed the Westphal rezoning, because they were going to up -grade the property. J L J • 10-5-71 The Staff Report was discussed. -3- The public hearing was closed. The next matter considered by the Commission was the proposed Final Plat of A W Realty Subdivision. Mr. Lieberenz reviewed the questions A W REALTY SUBD. and comments raised by the Plat Review Committee. Helen Edmiston Proposed Final moved to table the plat until the developer or engineer submits a Plat corrected plat and answers the questions raised. Dr. Mashburn seconded. The motion passed unanimously and the plat was tabled. The next matter considered was a large scale development plan submitted by Dr. Edwin Whiteside for property located on Highway 45 East. Harold Lieberenz reviewed the processing through the Plat Review Committee and stated the Committee's concern that at some time there be a street along the West side of this property. Richard Hipp, Attorney, was DR. present on behalf of Dr. Whiteside, Mr. Lieberenz emphasized that I the property could not be divided and sold without a street to serve the second building. Ernest Jacks explained he is working on a project for Mrs. Clay Yoe and that there are plans to put a road there, but she does not know exactly when. The tentative plan of Mrs. Yoe's property on file in the Planning Office was reviewed. The letter of intent from Mrs. Yoe was presented and discussed. EDWIN WHITESIDE 1 The large scale development plan submitted by Calvin Edens for property on Spruce Street was discussed next. Mr. Lieberenz explained the CALVIN EDENS questions raised by the Plat Review Committee, Mr. Jacks questioned L.S. Development why the developer did not plan an apartment building instead of duplexes since the property is zoned R-2. Dr. Walter Brown moved to table the plan until it is completely cleared by the Plat Review Committee. Ernest Jacks seconded. The motion passed unanimously and the plan was tabled. The next matter considered was a large scale development plan submitted by Kenny Bell for property on Highway 62 West. Mr. Bell was present. He submitted a revised drawing with the building nearer the East property line. He stated Mr. Medley would give an easement for the power company KENNY BELL to cross his property. He had talked to the Highway Department about L.S.Development driveway openings. Mr. Jacks noted that driveways, parking, etc. were not shown on the drawing. Dr. Brown moved the plan be tabled until Mr. Bell got written approval of the Arkansas Highway Department and until a drawing.was presented showing the location.of other buildings, utility lines, etc. Ernest Jacks seconded. The motion passed unanimously; the plan was tabled. The next matter considered was a large scale development plan submitted by Duane Nelson for property on Highway 71 North and is the proposed site for a new Ramada Inn. Mr. Lieberenz explained that Mr. Nelson does not plan to sell the property, but to lease it, so he is not sub- DUANE NELSON dividing but is processing a large scale development. In Plat Review L.S.Development there were a couple of problems, (1) Approximately 250 ft. on the West Ramada Inn side of the tract for development is zoned A-1, and Mr. Nelson is filing a petition to have this rezoned to C-2. (2) A few more parking spaces are needed to have sufficient parking for present and future • development. This is being provided for. Mr. Nelson has a problem of time. Mr. Nelson was present to answer questions. Ernest Jacks 10-5-71 -4- asked whether the two accesses onto Highway 71 have been built. They have. Mr. Nelson said the proposed road to the West shown is not planned for construction at this time. Mr. Jacks said there is a real problem with the size and height of the proposed sign. Mr. Nelson said his contract with Ramada Inn called for a sign to compete with existing signs (Holiday Inn, etc.). The Commission discussed with Mr. Nelson the possibility of having his existing service road continue to the North and connect with the service road of Sears. Mr. Nelson was not willing to do this. Mr. Clinton said he thought the question of this section of service road should come up when the development of the property to the West of the funeral home is started. Ernest .Jacks moved to approve the large scale development plan with the recommendations of the Plat Review Committee, without additional service road being required, without approval of the proposed sign, and on condition the West portion of the property can be rezoned. Dr. Mashburn seconded.1 After discussion the vote was taken. Witte, Clinton, Jacks, Edmiston, and Mashburn voted "Aye"; Brown voted "Nay." The plan was approved. The next matter considered was a large scale development plan submitted by American Legion Shelton -Tucker Post #27. Tom Eads was present to AMERICAN LEGIO -represent the plans and stated they desired to build a concession stand Shelton -Tucker and rest rooms. The telephone engineer had thought an underground cable Post #27 lay where the building is proposed, but had gone down and located the (Ballpark North cable and it will not be under the building. This had been the only of 15th Street problem. Ernest Jacks recommended the plan be approved. Dr. Brown L.S.Develo ment moved the'plan be approved. Helen Edmiston seconded. The plan was approved unanimously. The next matter considered was a minor revision to the large scale development plan of General Management Corporation. Harold Lieberenz GENERAL MANAGE - explained two revisions; one involved bringing a drive around to the MENT CORPORATION West side of the property, the other involved moving the service road Revision over further onto the property because the highway department is taking more land along the Northeast part of the property. Ernest Jacks moved the revision be approved; Helen Edmiston seconded; it was approved unanimously. Dr. Brown moved to approve the plat of the Twin Oaks Subdivision TWIN OAKS SUBD. submitted by Gene Garrett for property outside the City but within Plat outside Cit the Planning Area; Helen Edmiston seconded the motion. It was approved unanimously. Dr. Brown moved to approve the large scale development plan submitted DR. WHITESIDE by Dr. Edwin Whiteside. Dr. Mashburn seconded. It was approved L.S.Development unanimously. Dr. Brown moved to deny Petition No. R71-1, Industrial Finance Company, to rezone property on Rockwood Trail from R-1 to R-2. Helen Edmiston INDUSTRIAL FINAN seconded. The vote was taken. Brown, Edmiston, Jacks, Mashburn, and Petition R71-1 Witte voted "Aye"; Clinton voted "Nap"; the petition was denied. Helen Edmiston moved to deny Petition No. P.71-2, Dr. Jacob Agee, to DR. JACOB AGEf rezone property at 210 East Dickson from R-1 to R-0. Ernest Jacks 1171-2 �I 1x5-71 -5- seconded. It was approved unanimously and the petition was denied. Dr. Brown moved to deny Petition No. R71-3, Jimmie D. Hobbs & JINMIE D. HOBBS Joanette E, Hobbs, to rezone property at 1601 North Sang Avenue Petition R71-3 from R-1 to R-2. Ernest Jacks seconded the motion and it was approved unanimously to deny the petition. Dr. Brown moved to deny the petition No. R714, David B. Fields, to rezone property at Nettleship and Hartman from R-1 to R-2. Albert Witte seconded. The case was discussed. The vote was taken. Brown and Witte voted "Aye"; Clinton, Mashburn, and Jacks voted "Nay;" and Edmiston abstained. Ernest Jacks moved to approve the petition; Dr. Mashburn seconded. The vote was Clinton, Mashburn, Jacks, and Edmiston "Aye"; Witte and Brown "Nay". The petition was approved. The minutes of September 21, 1971, were approved as mailed. Mr. Liebe,enz stated that since developers and engineers sometimes have either corrections to be made to plans or additional information to submit after the Plat Review Committee has met, he will not put matters on the Planning Commission agenda until these things have been done. In the past, he has accepted a promise from the developer to have the material in on time, and does not always receive it. The Commission indicated approval of this procedure. The meeting was adjourned at 6:35 P.M. 0 DAVID B. FIELDS R71-4 RESOLUTION PC #!'-71 WHEREAS, pursuant to the provisions of the Code of Ordinances of the City of Fayetteville, Arkansas, the City Planning Commission held public hearings on the following rezoning petitions, Tuesday, October 5, 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 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 David B: Fields for property located on the Northeast cornu of Nettleship Street and Hartman Avenue, described as: Lots No. 10 and 11, Block No. 2, Rich's Addition, City of Fayetteville; from R-1, Low Density Residential District, to R-2, Medium Density Residential District. SECTION 2: That the 11 petitions requesting the rezoning of the following tracts of property be denied. PETITION N0. R71-1: The petition of Industrial Finance Company for property located on the South side of Rockwood Trail between Fallin Avenue and Vinson Avenue, described as: Lots 14, 15, and 16, Block 13, Mountain View Addition to the City of Fayetteville, Arkansas; from R-1, Low Density Residential District, to R-2, Medium Density Residential District. PETITION NO. R71-2: The petition of Dr. Jacob Agee for property located on the Northeast corner of Washington Avenue and Dickson Street, described as: A part of Lot 3, Block 17, Masonic Addition to the City of Fayetteville, more particularly described as beginning at the Southwest corner of said Block on the North line of Dickson Street, and running thence East 194 feet to an alley; thence North 55 feet, thence West 194 feet to the East line of Washington Avenue; thence South 55 feet to the place of beginning; from R-1, Low Density Residential District, to R-0, Residential Office District, PETITION NO. R71-3: The petition of Jimmie D. Hobbs & Joanette E. Hobbs for property located 1601 North Sang Avenue,,described as: A part of Lot 9 in University Acres, a Subdivision to the City of Fayetteville, described as beginning at the Southwest corner of said Lot and running thence North.225 feet; thence East 151 feet; thence South 225 feet, thence West 151 feet to the point of beginning; from R-1, Low Density Residential District, to R-2, Medium Density Residential District, PASSED AND APPROVED this 5th day of October, 1971. APPROVED: ROY CLINTON, CHAIRMAN