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HomeMy WebLinkAbout1972-01-10 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Monday, January 10, 1972, in the Directors Room, CityrAdministration Building, Fayetteville, Arkansas, Members Present: Roy Clinton, Ernest Jacks, Dr. Walter Brown, Helen Edmiston, Albert M. Witte, E. H. "A1" Donaubauer, John Maguire, Donald W. Nickell, Claude A. Hughes, Jr. Members Absent: None; Others Present: Harry Vandergriff, Harold Lieberenz, Larry Wood, Pete Young, Walter Niblock, David Malone, Paul Mattke, Wayne Glass, Wade Fincher, Joe Borders, Bryce Davis, Charles Atkinson, Walter Grimes, Esther White, James Freeman, Russell Purdy. Chairman Roy Clinton called the meeting to order. The first item on the agenda was the conditional use request and large scale development plan for Happy Hollow School north of Ray Avenue and HAPPY HOLLal SCHOOL east of Happy Hollow Road, deferred from December 21, 1971. Harry Conditional Use & Vandergriff, Superintendent of Fayetteville Public Schools, and Walter L. S. Development Niblock, Attorney, were present to represent the development plan. Mr. Vandergriff said the school is faced with a financial problem; they do not have the money to build Ray Avenue and Fourth Street to City specifications at this time. He proposed to construct Ray Avenue to City specifications as far as the north entrance into the parking lot and dedicate as an easement on to the north property line. The school is having to bring in an 8 -inch water line and this has increased their construction cost. Harold Lieberenz read the memo written by City Manager Wesley Howe concerning the possibilities of working out the street question. Mr. Howe had said Fourth Street would probably be built as an unpaved street but with no building permits to be issued on Fourth Street until the property was subdivided and the street brought up to standards. Al Donaubauer arrived at 4:15 P.M. Chairman Clinton asked Paul Mattke, City Engineer, his opinion on the streets. Nr. Mattke said Fourth Street is a public, dedicated street. In the past we have required they be opened to minimum standards. If we don't, we open the door that we can't close again. The Commission discussed with Mr. Vandergriff the proposal for a street improvement district which Mr. Vandergriff thought might be enough to also ' improve Fourth Street, Mr. Clinton asked David Malone if Fourth Street could be kept closed. He said it could. Ernest Jacks moved that the Planning Commission approve the conditional use request and large scale development plan as indicated in this meeting. Helen Edmiston seconded. It was approved unanimously. The second item on the agenda was the public hearing on Rezoning Petition PETITION R72-2; No. R72-2, Dooley Oil Company and Dr. E. G.'Dooley, for property located on DOOLEY OIL''CO: the northwest corner of the intersection of One Mile Road and Highway 62 West, One.Mile•Rd. from A-1, Agricultural District, to C-1, Neighborhood Commercial District. & Hwv. 62 Larry Wood presented the Staff Report, Wayne Glass and Wade Fischer were present to represent the petition. The petitioner proposes a self-service gas station and a car wash. Joe Borders represented the drive-in theater across the street and expressed concern about lighting for the proposed service station. li 1-10-72 .2. Mr. Glass answered the questions of the Commission. The public hearing was closed. The next item on the agenda was the public hearing on Rezoning Petition No. R72-3, Floyd R. Conine and Ruby L. Conine, for property located on PETITION R72-3 the northeast corner of the intersection of Mission Boulevard and Maple FLOYD R. CONINE Street, from R-1, Low Density Residential District, to C-2, Thoroughfare & RUBY L. CONINE Commercial District. Mission & Maple Bryce Davis appeared on behalf of the Conine's and the purchasers. He stated both parties requested to withdraw the rezoning request at this time. Al Donaubauer moved to accept the request to withdraw. Helen Edmiston seconded. The motion was approved unanimously to allow withdrawal of the petition. The next item on the agenda was the public hearing on Rezoning Petition No. R72-4, Walter V. Grimes and Zeatra Grimes, for property located on the PETITION R72-4 south side of Highway 62 West and west of Highway 71 By -Pass, from A-1, 161ALTER V. GRIMES Agricultural District, to R-2, Medium Density Residential District, and & ZEATRA GRIMES C-2, Thoroughfare Commercial District. Highway 62 West Larry Wood presented the Staff Report. Charles Atkinson and Mr. Grimes were present to represent the petition. Esther White, Attorney, presented a petition from property owners opposing the rezoning of Tract 1 to R-2. She said there was a boundary dispute in Chancery Court and a drainage suit also. The people who live on Farmers Drive are concerned Mr. Grimes may try to use Farmers Drive as an access to his trailer park. Harold Lieberenz stated that if Ms. Grimes wanted to expand the mobile home park, he would have to bring plans back to the Planning Commission for its approval first. Mr. Atkinson said that Mr. Grimes already has mobile homes south of where the map indicates Fifteenth Street and questioned whether that street existed as shown on the maps. Albert Witte asked for more information about the litigation. The public hearing was closed. The next item on the agenda was the public hearing on Rezoning Petition PETITION R72-5 No. R72-5, James F. Freeman and Robert G. Whitfield, for property located James F. Freeman on the southeast corner of the intersection of Highway 71 South and Whillock & Street, from R-1, Low Density Residential District, to C-2, Thoroughfare Robert G. Whitfi Commercial District. Hwy 71 South & Larry Wood presented the Staff Report. Whillock Street James Freeman represented the petition. He said they were removing some buildings and trying to clean up the area, but had no present plans for development. He answered the questions of the Commission. There was no opposition present. The public hearing was closed. The next item on the agenda was the public hearing on the proposed AMENDMENT TO amendment to Ordinance 1750, City Subdivision Regulations. Copies of SUBDIVISION ORD. the proposal had been mailed to the Commission members in advance. David Public Hearing Malone, City Attorney, discussed the proposal with the members. He suggested some minor modifications to enable this to handle lot splits also. Some Commission members felt divisions could be handled administratively past the third division, but Ms. Malone said this was where the planning problems usually occur, between the third and sixth division. There was no opposition to the amendment. The public hearing was closed. 1-10-72 -3- Dr. Walter Brown moved that Petition No, R72-2, Dooley Oil Company, PETITION NO. R72-2 be denied for the reasons stated in the Staff Report. Albert Witte DOOLEY OIL COMPANY seconded. A lengthy discussion followed in which Mr. Witte suggested the whole area along Highway 62 West of the By-pass should be studied. The vote was taken. Witte, Edmiston, Brown, Nickell, and Donaubauer voted "Aye" to deny the petition; Maguire, Hughes, and Clintonf; voted "Nay"; and Jacks abstained. The petition was denied. Dr. Walter Brown moved that Petition No. R72-4, Walter V. Grimes and PETITION NO. R72-4 Zeatra Grimes, be approved with the R-2 zoning of Tract 1 not to extend WALTER V. GRIMES south of Fifteenth Street, Al Donaubauer seconded. A lengthy discussion followed about whether or not the zoning should extend south of Fifteenth Street, whether Fifteenth Street existed, and whether or not Mr. Grimes would be required to submit plans and obtain approval of the existing mobile home park before it would become conforming under R-2 since mobile home parks are a conditional use in R-2. Dr. Brown withdrew his motion and Mr. Donaubauer withdrew his second. Dr. Walter Brown moved to approve the rezoning request of Tract 2 to rezone from A-1, Agricultural District, to C-2, Thoroughfare Commercial District, as requested. John Maguire seconded. The motion was approved unanimously. Al Donaubauer moved that the rezoning request of Tract 1 to rezone from A-1, Agricultural District, to R-2, Medium Denisty Residential District, be tabled for further study. Albert Witte seconded. The motion passed unanimously. Dr. halter Brown moved to approve the Petition No. R72-5, James F. Freeman PETITION R72-5 and Robert G. Whitfield; Helen Edmiston seconded the motion. It was FREEMAN ;JHITFIELD approved unanimously. The Commission discussed Item 7%on the agenda, a large scale development HUMBLE OIL COMPANY plan for Humble Oil Company for property on the southeast corner of the L.S.Develooment intersection of Highway 62 ;lest and Highway 71 By-pass, Chairman Clinton said he had been contacted by Mr. Zini with Humble Oil who requested that the sign shown on the plans be striken. He had also contacted the Planning Office with the same request. Mr. Lieberenz noted that no plans have been submitted for the balance of the property they have purchased. Dr. Walter Brown moved the plan be approved as requested contingent upon the filing of the subdivision plat of Barnes property and related contract. Ernest Jacks seconded. It was approved unanimously. The minutes of December 21, 1971, were approved as mailed. There was a discussion of the minutes prepared for January 4,' when no quorum was MINUTES available and the meeting had been cancelled. Mr. Malone and Mr. Clinton agreed this could not be classed as a meeting, but stated some problems had been encountered in the past when people came from out of town for a meeting which had to be cancelled. Ernest Jacks moved to recommend to the Board of Directors that the amendment AMENDMENT TO to the Subdivision Regulations be approved as presented by David Malone, the SUBD. REGULAT City Attorney. Dr. Walter Brown seconded. It was approved unanimously. Three matters were discussed under "Other Business". The Commission ELECT OFFICERS decided to meet at 3:30 on February 1 and elect officers before the ON FEBRUARY 1 regular meeting. 1-10-72 -4= Chairman Clinton called to the attention of the Planning Commission RAMADA INN that a Board of Adjustment appeal had been filed to obtain a BOARD OF ADJUST - variance on a sign for Ramada Inn. The Planning Commission had MENT APPEAL approved a large scale development plan for Duane Nelson on October 5, 1971, but withheld approval of the proposed sign. Dr. Walter Brown proposed that a resolution be sent to the Board of Adjustment requesting that any sign approved for Ramada Inn be in conformity with the present sign ordinance and that the Board of Adjustment be advised that the Planning Commission had approved the large scale development plan for Ramada Inn but that the Commission had specifically refused to approve,a sign larger than the ordinance allows. Ernest Jacks seconded the motion. It was approved unanimously. Chairman I Clinton appointed a committee to recommend appointments for COMMITTEE TO hairman, vice-chairman, and secretary of the Planning Commission and RECOMMEND to appoint two members to serve on the Subdivision Committee. Helen OFFICERS & Edmiston was asked to serve as Chairman of this committee which also APPOINTMENTS included Albert Witte and John Maguire. The meeting was adjourned at 6:10 P.M. i* RESOLUTION PC 72-1 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 petitions, 14onday, January 10, 1972, fifteen (15) days after a sign was erected upon the property and after a notice was published in the North:•rest Arkansas Times, a nelwspaper of general circulation; and WHEREAS, after the public hearing, the Planning Commission voted to make recommendations to the Board of Directors on the following rezoning petitions. Nal, THEREFORD, BE IT RECO11,MIMED BY THE CITY PLANIJIM CM IISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARY,NSASo Section 1. That ordinances be adopted for the purpose of rezoning the follovring tracts of property as hereinafter indicated: PETITION NO. R72-4: The petition of Walter V. Grimes and Zeatra Grimes, husband and wife, for property located on the South side of Highway 62 ;lest and West of Highway 71 By -Pass, described as: Tract 2: Part of the ME! of the ME -1 of Section 19, T -16-N, R -30-4•l, being more particularly described as follows, to -wit: Beginning at a point 533.4 feet South 89° 40' West of the SE corner of said 40 acre tract, and runner thence South 890 40' West 209.1 feet, thence North 335.8 feet, thence South to the lateral line of U. S. Highway No. 62, thence North 760 26' East along said South right-of-way line 215.1 Meet to a point due North of the beginning, thence South 286.26 feet to the point of beginning, containing 1.25 acres more or less; from A-1, Agricultural District, to C-2, Thoroughfare Commercial District, PETITION 110. R72-5: The petition of James F. Freeman and Robert G. Whitfield for property located on the Southeast corner of Highway 71 South and :9hillock Street, described as: Part of the IIM4 of the ICIy of Section 33, T -16-N1 R-304-1, being more particularly described as follows, to -wit: Begi: irg at a point 215 feet South of the Iid corner of said 40 acre tract and running thence East 220 feet; thence South 105 feet; thence East 200 feet; thence South 325 feet; thence gest 420 feet; thence North 430 feet to the point of beginning; from R-1, Low Density Residential District, to C-2, Thoroughfare Commercial District, Section 2. That the petition requesting the rezoning of the following tract of property be denied: 'IV. PETITION N0, R72-2: The petition of Dooley Oil Company and Dr. E G. Dooley for property located on the Nd corner of the intersection of One Mile Road and Highway 62 West, described.as: Part of the SE-, of the NW! of Section 19, T -16-N, R-30-11, described as follows: Beginning at a point 49.5 feet South of the NE corner of said 40 'acre bract, and running, thence South 710 West 116.5 feet, thence South 418 feet to the South line of U. S. Highway No. b2, thence North 71' East li6.5 feet to the East line of said 40 acre tract, thence North 418 feet to the.place of beginning, containing 1 acre, the South line of said�l acre tract being the North line of the former.right- of-way of the St. Louis & San Francisco Railroad; from A-1, Agricultural District, to C-1, Neighborhood Commercial District. Section 3. That the petition requesting the rezoning of the follo%4mg tract of property be tabled for further study by the Planning Commission: PETITION NO. R72-4: The petition of Walter V. Grimes and Zeatra Grimes, husband and wife, for property located on the South side of Highway 62 West and West of Highway 71 By -Pass, described as: ; Tract 1: Part of the SE,-, of the NEy and part of the ME41 of the SE -i, of Section 19, T -16-N; R-30=4, being more particularly described as follows: Beginning at a point that is South 890 38' West 476.4 feet from the PT.E corner of said SE-, of the 1F.1;, thence South 89° 38' West 596 feet, thence South 984 feet, thence South 41 26' East 168 feet, thence West 13 feet, thence South 162.5 feet, thence North 89° 38' East 395.2 feet, thence South 85° 49' East 201.43 feet, thence North 1320 feet to the point of beginning, containing 18.09 acres,.,more or less; from A-1, Agricultural District, to R-2, Medium Density Residential District: PASSED AM APPROVED this. 10th day of January 10, 1972. ' APPROVED: ROY CLINTON. CHAIRMAN RESOLUTION PC 72.2 I%MREAS, the City Planning Commission held a public hearing on a proposed ordinance to amend Ordinance No. 1750 on Monday, January 10, 1972, fifteen (15) days after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, the City Planning Commission directed the City Attorney to make certain corrections to the proposed ordinance; and WHEREAS, after the public hearing the Planning Commission voted to make a recommendation to the Board of Directors on said proposed ordinance. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the material attached hereto and made a part hereof, marked Exhibit A, be adopted as an ordinance to amend Ordinance 1750 by the Board of Directors of the City of Fayetteville, Arkansas, PASSED AND APPROVED this 10th day of January 10, 1972. APPROVED: • ROY CLINTON, CHAIRMAN ATTEST: ERNEST JACKS, SECRETARY RESOLUTION PC 72-3 WHEREAS, on October 5, 1971, the City Planning Commission approved a large scale development plan for a proposed Ramada Inn submitted by Duane Nelson; and idHEREAS, the City Planning Commission withheld approval of the proposed sign for Ramada Inn; WHEREAS, the City Planning Commission voted to make a recommendation to the Board of Adjustment of the City of Fayetteville. NOW, THEREFORE BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF ADJUSTMENT OF THE CITY OF FAYETTEVILLE) ARKANSAS: Section 1. The City Planning Commission respectfully requests that any sign approved for the Ramada Inn be in conformity with the present sign ordinance. Section 2. That the City Planning Commission's specific refusal to approve a sign larger than the ordinance permits be upheld by the City Board of Adjustment. PASSED AND APPROVED this 10th day of January, 1972. APPROVED: • ROY CLINTON, CHAIRMAN ATTEST: ERNEST JACKS, SECRETARY