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HomeMy WebLinkAbout1971-10-19 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, October 19, 1971, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Albert Witte, Dr. Walter Brown, Roy Clinton, Ernest Jacks, . Helen Edmiston, Members Absent: Dr. James Mashburn, Al Donaubauer, Byron Boyd, L. M. McGoodwin. Others Present: Larry Wood, Harold Lieberenz, Duane Nelson, F. H. Martin, Pete Young, Ervan Wimberly, Gene'Thrasher, C. Odell Taylor, I. W. Reck, Chairman Roy Clinton called the meeting to order. The first item on the agenda was a public hearing on the rezoning R71-6 Petition No. R71-6, filed by Duane Nelson for property located on the DUANE NELSON West side of Highway 71 North and North of Highway 71 By-pass, to rezone Highway 71 N. from A-1, Agricultural District, to C-2, Thoroughfare Commercial District. Larry Wood presented the Staff Report. He summarized the Report by stating he would favor this rezoning to C-2, but wished to raise the question of where the Commission wanted to establish the Western boundary of C-2 for the area. Duane Nelson and F. H. Martin were present on behalf of the petition. • Mr. Nelson petitioned for additional C-2 depth on this property to accomodate a proposed Ramada Inn. He stated he is the sole owner of all the surrounding property. Mr. Martin noted that the Sears property already has a more westward C-2 zoning boundary. There was no opposition present, and no further questions. The public hearing was closede- The second item on the agenda was a public hearing on an amendment to Zoning Ordinance No. 1747. This was considered in two parts: (1) to PUBLIC HEARING TO permit Use Unit 8, Single-family and two family dwellings, in R-0, AMEND ORD. #1747 Residential Office District. It was noted that the present regulations Use Unit 8 in make non -conforming all the single family dwellings in the R-0 Districts. R-0 Districts Copies of the proposed amendment were circulated among the Commission members. The proposal was discussed. Mr. Jacks observed that for, a city larger than Fayetteville, it might be a good idea to restrict single family homes from the R-0, but.because of Fayetteville's size and the number of existing single family homes in R-0 Districts, he thought it a good idea to make them conforming. There were no questions from the audience and no objections raised._ The second part of this public hearing was to permit warehouses in C-2, Thoroughfare Commercial District. Copies of a proposed amendment with three different alternatives were circulated. The three alternatives were: (1) to add "warehouses" to Use Unit 17 which is already permitted in C-2; (2) to make Use Unit 21, Warehousing and Wholesale, a use by Warehouses in right in C-2; (3) to make Use Unit 21, Warehousing and Wholesale, a C-2 Districts conditional use in C-2. The three alternatives were discussed. Harold Lieberenz stated there are a number of uses contained in Use. Unit 21 that were formerly uses by right in C-2; therefore, there are a lot of • 0 10x19-71 -2- other non -conforming uses in C-2 such as plumbing contractors, building contractors, electrical contractors. Making Use Unit 21 a conditional use would relieve these businesses, so they could make improvements. Otherwise, they will probably just deteriorate. There were no comments from the audience. The public hearing was closed. The next item on the agenda was the proposed Final Plat of Blocks 1, 2, 9 & Adjoining Streets of A W Realty Subdivision. .Ervan Wimberly of McClelland Engineers was present. Harold Lieberenz explained that all corrections and requirements of the Plat Review Committee had been made. The outlet onto Highway 71 was discussed. Mr. Wimberly said they had Arkansas Highway Department approval on the outlet and only right turns onto Highway 71 will be permitted. A W Realty is obtaining an easement across the 150 feet of land from their South boundary to Millsap Road and the service road will be extended down to Millsap, but this is not part of this plat, because they do not own the land. The Subdivision Ccmnitteelhad nothing further to add. The next item on the agenda was the proposed Final Plat of Thrasher - May Subdivision, a Re -Plat of Block 2 and Part of Block 3 of Parker's Plat of Valley View Addition, Ervan Wimberly and Gene Thrasher were present. Harold Lieberenz explained that all corrections and require- ments of the Plat Review Committee had been made. The Subdivision Committee.had only one question concerning the ownership of a portion of the property. Mr. Thrasher said the deed is in escrow and the property is being purchased. Mr. Lieberenz said this presented no problem, so long as all property owners signed the plat. The next item on the agenda was a large scale development plan submitted by Kenny Bell for property on the South side of Highway 62 West. C. Odell Taylor, Attorney, submitted some revisions requested by the Subdivision Committee when they reviewed the plan. A W REALTY SU Final Plat of THRASHER -MAY KENNY BELL L.S.Development The next item of business was a revision of a large scale development plan and conditional use request submitted by Seventh Day Adventist Church for property on Highway 265, originally approved August 3, 1971. I. W. Reck was present to answer questions. A barn on the property had 7th DAY ADVENTIST been proposed to be torn down, but they found the building has a CHURCH - Revision concrete floor and with some remodeling could be used for church L.S.Development related purposes. He said they planned to store their welfare supplies in it. The Commission returned to each matter previously discussed and acted on them. Helen Edmiston moved that the rezoning Petition No. R71-6, Duane Nelson, 8714 to rezone property from A-1 to C-2 be approved. Ernest Jacks seconded. DUANE NELSON It was approved unanimously. Ernest Jacks moved that the Planning Commission recommend to the Board AMEND OFT 174 of Directors approval of the proposed amendment to permit Use Unit 8 Use Unit 8 in in the R -O Districts, Helen Edmiston seconded. The proposal was R-0 Distric'3s further discussed, then it was approved unanimously. 10-19-71 -3- Dr. Walter Brown moved that the Planning Commission recommend to the AMEND ORD.1747 Board of Directors approval of a proposed amendment to make Use Unit 212 Use Unit 21 Warehousing and Wholesale, a conditional use in C-2. Ernest Jacks in C-2 Dist. seconded. The proposal was further discussed, then it was approved unanimously. Ernest Jacks moved that the Final Plat of Blocks 1, 21 9 & Adjoining, A W.REALTY SUBD Streets of A W Realty Subdivision be approved. Helen Edmiston seconded. Final Plat It was approved unanimously. Ernest Jacks moved that the Final Plat of Thrasher -May Subdivision, a Re -plat of Block 2 and Part of Block 3 of Parker's Plat of Valley THRASHER -MAY SUBD, View Addition, be approved. -Helen Edmiston seconded. It was approved Final Plat. unanimously. Ernest Jacks moved that the large scale development plan of Kenny Bell be approved as amended. Helen Edmiston seconded. It was KENNY BELL approved unanimously. Ernest Jacks moved that the revision to the large scale development SEVENTH DAY plan and conditional use request of Seventh Day Adventist Church ADVENTIST CHURCH be approved as presented. Helen Edmiston seconded. The revision . was discussed. It was approved unanimously. Under "Other Business" Russell Purdy requested the Commission's indulgence to make a few remarks about the sign regulations and the number of ways people can use to get around the regulations. RUSSELL PURDY He said the regulations have been badly abused and cited one COMMENTS -ON particular request for a variance because of a "hardship." Within SIGN REGULATIONS a few days after the variance had been granted, trees which had caused the hardship were cut down. He requested that everyone tighten up on the regulations and slow down on departures from the regulations. The minutes of October 5, 1971, Planning Commission meeting were approved as mailed. The meeting was adjourned at 5:25 P.M. * Resolution PC 46-71 Rezoning R71-6, Duane Nelson. * Resolution PC 47-71 Amend Ord. 1747 * Resolution PC 48-71 Amend Ord. 1747 * Resolution Pc 49-71 Final Plat of A. W. Realty * Resolution PC 50-71 Final Plat of Thrasher -May RESOLUTION PC 46-71 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 petition, Tuesday, October 19, 19712 fifteen (15) days after a sign was erected upon said 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 following rezoning petition. 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. PETITION N0. R71-6: ,.-.The petition of Duane B. Nelson for property located on the West side of Highway 71 North and North of Highway 71 By -Pass, described as: A part of the Northwest Quarter of the Northeast Quarter of Section 26, Township 17 North, Range 30 West of the Fifth Principal Meridian, Fayetteville, Arkansas, being more particularly described as follows: Beginning at a point -which is North 0° 46, West 1135.14 feet and North 890 081 West 340.0 feet from the Southeast corner of the said Northwest Quarter of the Northeast Quarter of said Section 26, thence running • North 89° 081 West 621.86 feet, thence South 0° 461 East 330.0 feet, thence South 89° 081 East 770.38 feet, thence North 1° 091 East 44.38 feet, thence North 00 46, West 143.0 feet, thence North 890 081 West 150 feet, thence North 0° 461 West 142.62 feet to the point of beginning: from A-1, Agricultural District, to C-2, Thoroughfare Commercial District, all that property not currently zoned C-2, Thoroughfare Commercial District. PASSED AND APPROVED this _ 19th day of October, 1971, APPROVED: ROY CLINTON, CHAIRMAN ha'