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HomeMy WebLinkAbout1971-12-07 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, December 7, 1971, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Helen Edmiston, Ernest Jacks, Roy Clinton, Dr. Walter Brown, Albert Witte, Al Donaubauer. Members Absent: Dr. James Mashburn, Byron Boyd; L. M. McGoodwin. Others Present: Harold Lieberenz, Larry Wood, Joe Cogdell, Pete Young, G. T. Zini & Mr. Morgan with Humble Oil, Ervan Wimberly, Jim hitt, Bryce Davis, Dale Richards, Arden Merle & Ella Marie Snider, Ray Trammell, David Brice, Peg Anderson, Mrs. Hauser, Walter Niblock, J. C. Nichell, Dale Slaughter, Jim McDonald, Dr. Clare Venema, Delmar Collins, Philip Bashor, Jim Holder, Ken Lazenby, Gus Ostmeyer, Marion Orton, Glen Wing, Mrs. Philip Bashor, George Ray, Hoyet Greenwood, Stanley Greenwood, Wayne Bayley, Philip Westphal, Don Pitts, Benny Winborn, and others. ''Chairman Roy Clinton called the meeting to order. The first item on the agenda ryas an appeal by Joe B. Cogdell to • _ change a non -conforming use of property at 504 East Fifteenth Street, deferred from November 16, 1971. Mr. Cogdell was present. Roy Clinton read the letter submitted by Mr. Cogdell. Mr. Cogdell stated he wished to make t•ro additions to his request: (1) a 26 sq. ft, sign on the building, (2) a ground sign no higher than the building, Z5 sq. ft, in size. He said there is an existing 26 sq. ft, sign on the 52 ft. long building. There were no further questions or comments. The next item on the agenda was the proposed Informal Plat of L.C. Barnes Addition for property on the Southeast corner of the inter- section of Highway 71 By -Pass and Highway 62 blest. Harold Lieberenz reviewed the processing through the Plat Review Committee and summed up the basic problems as (1) Necessary to subdivide in order •to sell a portion of the property; (2) Service road required along the By -Pass. Ernest Jacks said there were several questions about where the JOE B. COGDELL 504 E. 15th (Appeal to change non- conforming use L. C. BARNES ADD, Informal Plat) service road should be located and some easements requested by utility companies. Mr. Lieberenz pointed out the difference between informal plats and formal plats as contained in the subdivision regulations, He 'said since a dedication of service road and easements is required he thought this would have to be handled as a formal plat. Others present and discussing the matter were G. T. Zini and Mr. Morgan with Humble Oil and Ervan ;limberly with McClelland Engineers. Mr. Jacks • said the Sibdivisior, Committee had considered recoinmending approval as sho;:m now ;lith the thought of getting the service road chanted to Hollywood Avenue possibly in 'Vile future when the easement shotin now could be vacated. • 12-7-71 -2- �Mr. Lieberenz also noted that the City at one time acquired a 20 ft. • sewer easement alongside the By -Pass. The proposed service read includes this 20 ft. sewer easement. The Plat Review Committee felt these should be separate. Mr. Morgan of Humble Oil said he felt there was still room to construct a city street there. Mr. Zini said the easement for the sewer belongs to the City. In order to make it a general utility easement, the City would have to give it back to the property owner, then have the property owner dedicate it as a general utility easement. I0 The next matter on the agenda was a large scale development plan JIM WITT for submitted by Jim Witt for City Lumber Company, 1204 South School CITY LUMBER CO. Avenue, also with the use permitted as a conditional use in the 1204 S. School C-2, Thoroughfare Commercial District. Yr. Witt was present. L.S.Development Harold Lieberenz reviewed the plan. Both Mr. Jacks and Mrs. Edmiston of the Subdivision Committee agreed the proposal was a big improvement. Mr. Witt said the Arkansas Highway Department agreed to meet with him and lay out entrances and outlets. There were no further questions. The next matter on the agenda was Rezoning Petition No. R71-8, Arden Merle Snider and Ella Marie Snider, for property located on the PETITION R71-8 Southeast corner of the intersection of West Avenue and Lafayette Arden Merle Snider .Street and to rezone from R-0, Residential Office District, to C-20 SE corner West & Thoroughfare Commercial District. Lafayette Larry mood presented the Staff Report. Bryce Davis represented the petition and stated the rezoning was requested for a convenience grocery store to serve the immediate neighborhood. Ray Trammell, Attorney, stated the University of Arkansas owns and occupies the property to the South and they are definitely concerned about what might go in on the property in question. David Brice student at the University, thought any encroachment (commercial] would lead other activities to appear and thought the area should be used for housing. Peg Anderson had a question about parking and saw no need for additional grocery store with Piggly Wiggly so close. Bryce Davis offered to sign a statement that the property would be used for a grocery store only with no service station. He said their survey indicates a need for a grocery store in the neighborhood. The public hearing was closed. The next matter on the agenda was Rezoning Petition No. R71-9, Edith Pearl Brown, for property located on the East side of Garland Avenue between i -?t. Comfort Road and Holly Street and to rezone from -R-2, Medium Density Residential District, to C-2, Thoroughfare Commercial District. Larry good presented the Staff Report. .Bryce Davis represented the petition. Mrs. Brown was not present. He and Dale Richards stated the reason for the request was so a 117-11 Grocery" could locate there. Mr. Davis agreed to accept C-1 instead of C-2. Mrs..Hauser, 929 Park Avenue, thought they should look for property - already zoned commercial instead of trying to rezone property. The public hearing eras closed. PETITION R71-9 EDITH PEARL BROWN 12-7-71 -3- The next matter on the agenda was Rezoning Petition No. R71-10, City PETITION R71-10 Board of Directors, for property located on the West side of College CITY BOARD OF Avenue between Trenton Boulevard and North Street and to rezone from DIRECTORS R=o, Residential Office District, to C-2 Thoroughfare Commercial College Ave. `District. between North =Larry 1•1ood presented the Staff Report and made some prefacing remarks. Trenton Blvd. ,He stated the area has been under consideration for some time. Roy.Clinton asked for statements from those persons favoring rezoning to'C-2 only those properties having frontage on College Avenue. Those speaking in favor of such rezoning were J. C. Nickell and his attorney, 14alter Niblock, Dale Slaughter, Jim McDonald, Jim Holder, Ken Lazenby, and Gus Ostmeyer all either owning property or operating businesses or both in the area under discussion. Larry Wood noted that between Prospect and North Street people use Pollard Avenue as much as College Avenue for access which places a hardship on the residential property to the West. Mrs. Tweraser, 816 Highland, was against adding any commercial to that area. Others having comments and questions were Dr. Clare Venema, Delmar Collins, Philip Bashor, and Peg Anderson. It was noted that the former C-2 zoning between Prospect and Trenton did not extend +all the way to the alley from College, but only 150 ft. West of the centerline of College. - - Roy Clinton asked the Commission members if any of them wanted to consider going any further to the West of College Avenue with C-2 zoning than the motel and the alley. None did. He then informed the audience that the Commission was not desirous to changing any of the land which does not adjoin College Avenue to C-2 and asked • that the audience withhold comments en property not adjoining College. Marion Orton stated the Board of Directors intent was not to include .properties which did not adjoin College. Olen Wing said he did not oppose rezoning to C-2 the Jim Holder property and the D -X service station (J. C. Nickell), but requested .the narrow "neck" South of the service station remain R -O. Mr. & Mrs. Philip Bashor presented a petition supporting rezoning to C-2 only three properties: the service station, the motel, and the auto parts store. George Ray opposed this as spot zoning. The public hearing was closed. The next item on the agenda was Rezoning Petition R71-11, Hoyet PETITION R71-11 Greenwood, for property located on the Southeast corner of the HOYET GREEM900D intersection of Leverett Avenue and Poplar Street and to rezone Leverett & Poplar from R-2, Medium Density Residential District, to C-1, Neighborhood Commercial District. Larry Wood presented the Staff Report. Hoyet Greenwood, Stanley Greenwood, and Wayne Bayley spoke in support of the petition. A convenience grocery store is planned. Ernest Jacks asked Larry Wood if the corner grocery store is "out". He said it is coming back into planning, but in a different way. -It is provided for in the planned unit development. He said the corner grocery store had a way of growing into other "corner" commercial activities. 'Others having comments in favor of the rezoning were Dale Richards and Walter Miblock. • The public hearing was closed. -12-7-71 -4- el The next item on the agenda was Rezoning Petition R71-12, Robert PETITION R71-12 -B. Westphal, for property located at 1560 Nettleship Street from ROBERT B. 141ESTPHAL fe R-1,,Low Density Residential District, to R-2 Medium Density 1560 Nettleshi Residential District. -i: rry.Wood presented the Staff Report. Philip Westphal represented the petition. They desire to use this 'property in connection with their development of the three lots to the East of this lot. . Ray Trammell stated he was not opposing the petition, but requested further information about what is planned. The public hearing was closed. The next item on the agenda was a large scale development plan for MAPLE MANOR APTS. -tkaple Manor Apartments on the West side of Highway 71 By -Pass and L.S.Development South of Highway 16 West. Harold Lieberenz reviewed the plan. Hwy. 71 By -Pass Bryce Davis represented the proposed development. He said the FHA requires them to construct the service road to the South line of the project, no access is requested into the By -Pass, and said he cannot obtain a building permit unless the.subdivision requirements are waived. Mr. Lieberenz and Mr. Jacks said the only problem is the subdivision requirement. The next item on the agenda was a large scale development plan DON PITTS submitted by Don Pitts on the Overholt property on the North end (Overholt property) of -Wheeler Avenue. Mr. Pitts was present. It was explained that L.S.Development .tie has purchased the 17 acre Overholt property, but they retain Wheeler Avenue 'a lifetime estate on it. He desires to build one house at this time. There were no real problems on this. The next item on the agenda was the conditional use request and request for approval of plans for Wayne Hinkle Mobile Home Park ,on Highway 16 East. Harold Lieberenz reviewed the processing to date. There had been some question about trying to get a 50 ft. street through the park, but this would cause some problems on 'the proposed park lay out. The two main problems still existing are the relocating or lowering of a high pressure gas line and .proof of lot of record. Walter Niblock represented Mr. Hinkle. The next item on the agenda was the Informal Subdivision Plat of tthe Don F. Payte property, Part of the N12 of Section 14, T -16-N, ^R -30-W. The plat was prepared to enable Mrs. Payte to sell the .-house and 28 acres of land and to hold the balance of the property for future development. The possibility of Highway 16 By -Pass going up Happy Hollow Road in the future was discussed. WAYNE HINKLE MOBILE HOME PARK - Hwy. 16 Conditional Use 8 L.S.Development INFORMAL SUBD. PLAT OF DON F. PAYTE PROPERTY The:next item on the agenda was the conditional use request and HAPPY HOLMI ELEM. SCH, large scale development plan submitted for Happy Hollow School, Conditional Use &= North of the end of Ray Avenue and East of Happy Hollow Road. L.S.Development The comments of the Plat Review Committee were reviewed. Benny Wiiiborn was present on behalf of the School. He said they were ',not�irilling to construct Fourth Street as required by the Committee. There were other unresolved questions. Roy dlinton asked that the 4 problems be worked out with the Plat Review Committee and send a copy of the notes to the Planning Commission before the next meeting. 112-7-71 .5 - Al Donaubauer moved that the large scale development plan for Maple MAPLE MANOR APTS. Manor Apartments be accepted as recommended by both the Plat Review Committee and the Subdivision Committee, Helen Edmiston seconded, 'It.was approved unanimously. A1.Donaubauer moved that the large scale development plan submitted DON PITTS by Don Pitts on the Overholt property be accepted as recommended :by'�bbth the Plat Review Committee and the Subdivision Committee. :Helen Edmiston seconded. It was approved unanimously. .A1 Dona.ubauer moved that the conditional use request and the plans WAYNE HINKLE MOBI foil Wayne Hinkle Mobile Home Park be accepted as recommended by HOME PARK both the Plat Review Committee and the Subdivision Committee. Helen. 'Edmiston seconded. It was approved unanimously. Al Donaubauer moved that the Informal Subdivision Plat of Don F. DON F. PAYTE ,Payte'property be accepted as recommended by both the Plat Review INFORMAL PLAT Committee and the Subdivision Committee. Helen Edmiston seconded. It was approved unanimously. .Al Donaubauer moved to defer action on the conditional use request HAPPY HOLL0r•7 SCHOOL and large scale development plan submitted for Happy Hollow School so the school representatives could meet with the Plat Review Committee again. Helen Edmiston seconded. The motion was approved "unanimously: Ernest Jacks euestioned whether the Planning Commission had the JOE B. COGpELL • ability to approve the change in non -conforming use request filed .by.Joe B. Cogdell as presented. Dr. Walter Brown moved to continue is matter until the next meeting and request an opinion from the City Attorney. Al Donaubauer seconded. The motion was approved ,; ;unanimously. ThCom emission discussed again the L. C. Barnes property and proposed L..C. BARNES AD plat. Ernest Jacks moved that the Commission send the plat with its 'approval to the Board of Directors and ask that the Board of Directors consider only the Humble piece of property as a formal plat. -Al Donaubauer amended the motion to insert that this would cover 'Block 1 (humble Oil Company) of L. C. Barnes Addition. Helen Edmiston seconded the motion. The vote was taken: Edmiston, Jacks, Clinton, and Donaubauer voted "Aye"; Brown and Witte abstained. The motion passed. 'Dr. Walter Brown moved that the large scale development plan and ;conditional use request submitted by Jim Witt for City Lumber Company be"approved. Al Donaubauer seconded. It was approved unanimously. JIM WITT CITY LUMBER CO Dr.. -Walter Broom moved that the Rezoning Petition R71-8, Arden PETITION R71-8 Merle Snider and Ella Marie Snider, be denied for the reasons stated in the Staff Report. Ernest Jacks seconded. The motion passed unanimously, and the petition was denied. Mr:•Ernest Jacks moved that Rezoning Petition R71-9, Edith Pearl PETITION R71-9 Brown be amended to rezone from R-2 to C-1, Neighborhood Commercial . District and be approved. Helen Edmiston seconded; it was approved una.nimbusly. 12=7-71 -Dr. Walter Bro Directors, be for the entire vote was take 'Donaubauer and i -m moved denied a area un n; Broi,m, Clinton .6. that Petition R71-10, City nd that the present R-0 zon der petition. Albert Witte IiJitte, Jacks, and Edmiston voted "Nay". The petition Board of ing be retained seconded. The voted "Aye", was denied. �Dr. Walter Brorm moved that Petition R71-11; Hoyet Greenwood, be 'denied in keeping with the Staff Report recommendations. 2�_rs. Edmiston asked Larry Wood if this were a group of shops would'he 8pprove'o£ it. He said he would not because the City is not set up on its road network to handle commercialization on'the interior •of'a neighborhood. The motion died for lack of a second. Ernest Jacks moved that Petition R71-11 be tabled until the next 'meeting. Al Donaubauer seconded. The motion passed unanimously. PETITION R71-10 PETITION R71-11 Helen Edmiston moved that Petition R71-12, Robert B. Westphal, be PETITION R71-12 approved. Albert Witte seconded. It was approved unanimously. The minutes of�November'16, 1971, Planning Commission meeting were approved as"ma.iled. 'The meeting was adjourned at.7:35 P -M, • RESOLUTION PC 52-71 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, December 7, 1971, fifteen (15) days after a sign was erected upon each tract of property and after a notice was publisYed 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.: Than ordinances - be adopted for the purpose of rezoning the following tracts of property as hereinafter indicated: PETITION NO. R71-9: The petition of Edith.Pearl Brown for property located on the East side of Garland Avenue between Mt. Comfort Road and Holly, Street, described as: A part of the SP1- of the NW41 of Section 9, T -16-N2 R-30-14, more particularly described as beginning at a point 2,005 ft. South of the Northwest corner of Section 9, thence South 65 ft., thence East 180 ft., thence North 65 ft., • thence West 180 fts to the point of beginning, containing a 30 ft. easement for the street on the Garland Avenue frontage; from R-2, Medium Density t Residential District, to C-2, Thoroughfare Commercial District..Planning Commission amended to rezone to C-1, Neighborhood Commercial District, sand recommended approval. PETITION NO. R71-12: The petition of Robert B. Westphal for property located at 1560 Nettleship Street, described as: Lot 12, Block 2, Rich Addition to the City of Fayetteville, Arkansas; from R-1, Low Density Residential District, to R-2, Medium Density Residential District. SECTION 2: That the petitions requesting the rezoning of the following tracts of property be denied: PETITION NO. R71-8: The petition of Arden Merle Snider and Ella Marie Snider for property located on the Southeast corner of the intersection of West Avenue and Lafayette Street, described as: The 'nest One -Half of Lot 2, Block 6, County Court Addition to the City of Fayetteville, Arkansas; from R-0, Residential Office District, to C-2, Thoroughfare Commercial District, PETITION N0. R71-10: The petition of the Board of Directors of the City of Fayetteville, for property located on the West side of College Avenue between Trenton Boulevard and North Street, described as: All of Blocks 12, 13, 17, and Lots 1 and 2 of Block 19 in A. L. Trent's Revised Plat of City Park Addition. Also Lots 1, • 2, 3, 4, 7, 82 91 10, 11, and 12, and 20 ft. of equal and uniform oridth off the East side of Lot 5, Park Village Addition. Said property being .ur Y:er described as: beginning at a point on the North right-of-way line of Prospect Street where the East right-of-way line of Pollard Avenue intersects, thence North along the East right-of-way line of Pollard Avenue to the South right - L._ r 0 of -way line of North Street, thence East along the South right-of-way line of North Street to the West right-of-way line of College Avenue, thence in a Southerly direction along the West right-of-way line of College Avenue to the North right-of-way line of Trenton Boulevard, thence Westerly along the North right-of-way line of Trenton Boulevard to the East right-of-way line of Park Avenue, thence North along the East right-of-way line of Park Avenue to the Northwest corner of Lot 10, Park Village Addition, thence East to the North east corner of Lot 10, Park Village Addition, thence Northeasterly along the South line of Lot 7, in Block 18, A. L. Trent's Revised Plat of City Park Addition to the Southwest corner_o£ Lot 6, Park Village Addition, thence East along the South line of Lot 6, Park Village Addition to the West right- of-way line of Lollar Lane, thence North to a point on the North line of Lot 5, Park Village Addition, thence Easterly along the North line of Lots 5 and 4, Park Village Addition to the West side of a north -south platted alley between Blocks 17 and 18, A. L. Trent's Revised Plat of City Park Addition, thence Northerly along said alley to a point on the. South right-of-way line of Prospect Street, thence East along the South right-of-way line of Prospect Street to a point due South of the place of beginning, thence North to the place of beginning; from R-0, Residential Office District, to C-2, Thoroughfare Commercial District. PASSED AID APPROVED this 7th day of December, 1971• APPROVED: ROY CLINTON, CHAIRItAN J I J