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HomeMy WebLinkAbout1971-11-02 MinutesMINUTES OF A PLANNING COMMISSION MEETING '-i The Fayetteville Planning Commission met at 4:00 P. 44, Tuesday, ;November 2, 1971, in the Directors Room, City Administration Building, Fayetteville, Arkansas, Members Present: Albert Witte, Dr. Walter Brown, Byron Boyd, Roy Clinton, Ernest Jacks, Helen Edmiston, L. M. McGoodwin, Al Donaubauer, Dr. James Mashburn. Members Absent: None, Others Present: Larry Wood, Harold Lieberenz, Pete Young, Joe B. Cogdell, Marshall Carlisle, Gene Thrasher, Calvin Edens, Ralph Goff, Jr., Russell Purdy, E. M. Coleman, Glen Oldham, Dr. Robert A. Leflar. Chairman Roy Clinton called the meeting to order. The first item on the agenda was a public hearing on Petition No. R71-5, PETITION R71-5 filed by Joe B. Cogdell, to rezone property located at 504 East Fifteenth JOE COGDELL Street from R-2, Medium Density Residential, to C-1, Neighborhood 504 E. 15th Commercial District. Larry Wood presented the Staff Report. Joe Cogdell was present to represent the petition. Mr. Cogdell stated he desired to.up date the building, put a driveway around it, and use it as a stop and shop grocery. The past use of the building has been a cafe and there have been three different operators this year. The building was built while it was outside the City. There were no further questions from the Commission. There were no questions or objections from the audience. The public hearing was closed. The next item on the agenda was a public hearing on Petition No. R71-7, filed by Gene Thrasher and John B. May, to rezone property located on the South side of Highway 16 East (Huntsville Road) and East of Morningside Drive from R-1, Low Density Residential District, to R-2, .,Medium Density Residential District. Larry Wood presented the Staff Report. Dr. Mashburn arrived at 4:10 P.M. Marshall Carlisle, Attorney, and Gene Thrasher were present to 'represent the petition. They stated the petitioners propose to put in a rent subsidy program similar to Washington Plaza and want to locate it where it is needed. There were some questions and discussion by members of the Commission. Russell Purdy had some questions from the audience. Mr. Thrasher told him the project would be privately owned and the developers would have to put in 500 ft. of sewer line ,themselves to connect to the main sewer. -There were no further questions. The public hearing was closed. 'The next item on the agenda was Rezoning Petition No. R71-4 filed David B. Fields for property located on the Northeast corner of Nettleship Street and Hartman Avenue and to rezone from R-1, Low Density Residential District, to R-2, Medium Density Residential District, recommended for approval by the Planning Commission on PETITION R71-7 GENE THRASHER JOHN B. MAY by PETITION R71-4 DAVID B. FIELDS NETTLESHIP & HARTMAN (.•li`:.hd. awal; 11=2-71 .2. October 5, 1971; referred back to the Planning Commission by the Board of Directors October 18, 1971. Chairman Roy Clinton read a letter from • John',Lisle, Attorney for Dr. Fields, requesting to withdraw the petition. L.:M. McGoodwin moved that the request for withdrawal be accepted,by theiPlinning Commission. Al Donaubauer seconded the motion. Roy Clinton ,-reviewed the section of the zoning ordinance which permits and regulates `.withdrawal of petitions and repetitions. Following this, the Commission voted unanimously to accept the withdrawal. The next item on the agenda was a large scale development plan.submitted CALVIN EDENS by Calvin Edens for property located on the South side of Spruce Street. L.S.Development Harold Lieberenz and Ernest Jacks stated that there are now no problems Spruce Street on this plan. Ernest Jacks moved that the plan be approved. Helen Edmiston seconded the motion. It was approved unanimously.. The next item on the agenda was a large scale development plan submitted by Consumers I.G.A. Thriftway, Inc. for property located on the North side of Highway 62 West and West of Highway 71 By-pass. Harold Lieberenz reviewed the processing through the Plat Review Committee. He called to the'Commission's attention the fact that although this property >does not actually touch the By-pass right-of-way, it comes within 16 ft. of the right-of-way. He said the City Attorney had advised him that the Planning Commission could require the owners to dedicate or give an easement across the corner of this property for a service road to go along the By-pass in the future. Ralph Goff, Jr, was present to represent the plan. He stated he was frilling to give an easement for future street and utilities. ",Mr.' Wood suggested that if the property to the East belonging to E.- M: Coleman was not being developed with this property, then access ;iiito the Coleman property should be permitted from this property. 'Mr. Goff did not agree with either suggestion. Mr. Goff and Mr. Coleman -each had some remarks as to why they could not work together. 'Mr. Clinton reminded them this was a personal matter between themselves Fdrid this was not the proper place to discuss the matter. iL'._ M. McGoodwin moved that the large scale development plan of .Consumer's I.G.A. Thriftway be approved with two conditions: (1) bumper guards between parking spaces and (2) roadway dedication. Dr. James Mashburn seconded the motion. It was approved unanimously. CONSUMER'S I.G.A. THRIFTWAY L.S.Developmen Highway 62 Wes Mr. Jacks and Mrs. Edmiston asked that the bumper guards requirement Wheel Guards bemade applicable to all plans already approved by the Commission between parking and either constructed or under construction. They wished to go with spaces 'the strictest interpretation of the ordinance regarding wheel guards. The next item on the agenda was a large scale development plan submitted GLEN OLDHAM by Glen Oldham for property located on the South side of Highway 16 L.S.Development •� East and East of East 16 Animal Hospital. Ernest Jacks gave a report Highway 16 East from the Subdivision Committee. Yr. Jacks moved the plan be approved. Dr.'Mashburn seconded. It was approved unanimously. Dr. Walter Brown moved to deny Petition No. R71-5, Joe B. Cogdell, PETITION R71-5 to rezone property from R-2 to C-1 on the grounds it is non -conforming JOE B. COGDELL and he felt it should stay that way. L. M. McGoodwin seconded the motion. Chairman Clinton led a discussion on the matter. He did not agree with the Staff Report. The vote was taken. Witte, Brown, Jacks, 0 • -3- Donaubauer, and McGoodwin voted "Aye" to deny the petition; Clinton, Boyd, _Edmiston, and Mashburn voted "Nay". The petition was denied. _11e3.eh Edmiston moved to approve .the petition R71-7, Gene Thrasher and Johh B. May, to rezone property from R-1 to R-2. Al Donaubauer eecondsd the motion. It was approved unanimously. '.-The 'next item considered by the Commission was the proposed replat of Lots 3 and 4, Block 2, Leflar's Addition submitted by Dr. Robert I.eflar: Harold Lieberenz explained that although both lots exceed the`iainimum lot area requirements, one lot is only 50 ft. wide.on the actual street frontage. Dr. Leflar has a buyer for one lot, Dut the zoning ordinance would not permit a building permit to be obtained. The replat is designed to give enough frontage to'both lots so that a building permit can be issued on each lot. Dr. Brown moved that the replat be approved. Al Donaubauer seconded. It was $ppioved unanimously. PETITION R71-7 Gene Thrasher & John B. May REPLAT OF LATS 3 &-41 BLACK 21 'LEFLAR's ADDITION Informal Plat The,next item before the Commission was a report from Ernest Jacks, REPORT FROM SIGN rutin i' ^man of the Sign Committee. Copies of a draft for revisions to COMM ;sty's sign regulations were distributed to each Commission ir. Mr. Jacks commented that the Committee was recommending ring restrictions on flat wall signs, but to get very restrictive sound signs, flashing signs, etc. The proposals could be used .ther'revise the existing regulations within the zoning ordinance, Ley could be pulled out of the zoning and put in separate regulations. 0''discussion on the matter, Roy Clinton requested that the [.`�a'of Directors and Board of Adjustment be invited to come to the meeting of the Planning Commission for a joint study of the 1sals: He further requested that both Boards be furnished S of this draft. He requested all other business before the .ssion for the November 16 meeting be held to a minimum. He sted'this draft not be distributed to the public until after 'ti;e joint meeting. He stressed this would not be a public hearing _.although the meeting will be open to the public. He wanted discussion '.limited,to the,Sign Committee, Planning Commission, Board of Directors, ,and Board of Adjustment. Al;Donaubauer explained to the Commission that he has been working on an exchange visit with similar bodies in other cities. It is possible for the Commission to go to Bartlesville, Oklahoma, with only incidental 'expenses incurred. They could meet with members of Bartlesville!s Planning Commission and City Board and look at projects in progress, etc. Most.of,the members indicated a Friday would be the best day for them. .The minutes of October 19, 1971, were approved as mailed. :.The meeting was adjourned at 5:20 P.M. Commission RESOLUTION PC 51-71 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, November 2, 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: PETITION NO. R71-7: The petition of Gene L. Thrasher and John May for property located on the South side of Highway 16 East (Huntsville Road) and East of Morningside Drive, described as: Part of the East half of the Northeast Quarter of Section 22, Township 16 North of Range 30 West, described as beginning at a point on the South right-of-way of State Highway No. 16, which is 731.1 feet West and 35 feet South of the Northeast corner of said 80 acre tract, and running, thence South 509.5 feet with the East line of the property sold to 011ie Tackett; thence West 80 feet to the West boundary line of the original McBroom tract; being described as 808.5 feet West of the East line of said 80 acre tract; thence South 888.95 feet to the • Northwest corner of the tract sold to the American Legion; thence East 797 feet, more or less, to the East line of said 80 acre tract, same being the Northeast corner of said American Legion property; thence North along the East line of said 80 acre tract 988.95 feet, more or less, to a point 444.5 feet South of the Northeast corner of said 80 acre tract, same being the Southeast corner of the un -recorded plat of McBroom Addition; thence West along the South line of McBroom Addition 400 feet; thence North 300 feet; thence West 17.5 feet to the Southwest corner of Lot 1 of said McBroom Addition, thence North 100 feet to the Northwest corner of said lot; being a point:'on the South right-of-way line of said State Highway No. 16; thence West along said right-of-way line 313.6 feet to the point of beginning; to rezone from R-1, Low Density Residential District, to R-2, Medium Density Residential District, SECTION 2: That the petition requesting the rezoning of the following tract of property be denied:. _ PETITION NO. R71-5: The petition of Joe B. Cogdell for property located at 504 East Fifteenth Street, described as: Part of the SE� of the Ngof Section 22, T -16-N, R -30-W, and being more particularly described as follows, to -wit: Beginning at a point on the North line of Highway No. 16 By -Pass and 20 feet East of the West line of said 40 -acre tract, and running thence North 150 feet, thence East 200 feet, thence South 150 feet, to the North line of said By -Pass, thence West 200 feet to the point of beginning; from R-2, Medium Density Residential • District, to C-1, Neighborhood Commercial District. PASSED AND APPROVED this 2nd day of November, 1971. APPROVED: ROY CLINTON, CHAIRMAN