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HomeMy WebLinkAbout1972-02-01 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 3:30 P.M., Tuesday, February 1, 1972, in the Directors Room, City Administration Building, Fayetteville, Arkansas, Members Present: Claude Hughes, Roy Clinton, John Maguire, Helen Edmiston, Ernest Jacks, Donald Nickell. Members Absent: E. H. "A1" Donaubauer, Dr. Walter Brown, Albert Witte. Others Present: Charles W. Atkinson, Esther White, Walter V. Grimes, Don Pitts, Larry Wood, Denny Greeson, Marshall Carlisle, Glen Wing, Cy Carney, F. E. Bud Brown, James Walker, Ervan Wimberly, Pete Young, Harold Lieberenz. Chairman Roy Clinton called the meeting to order. The first item of business was the annual election of officers. Helen Edmiston, Chairman of the Nominating Committee, stated the Committee recommended that the present officers serve again during 1972. Claude ANNUAL EIECTION Hughes moved that the Commission accept the Nominating Committee's OF OFFICERS proposal and that Roy Clinton, Chairman, E. H. "Al" Donaubauer, Vice - Chairman, and Ernest Jacks, Secretary, retain their positions during 1972. Donald Nickell seconded the motion. It was approved unanimously. The second item of business was Rezoning Petition R72-4, Walter V. Grimes and Zeatra Grimes, Tract 1, to rezone 16.09 acres South PETITION R72-4 of Highway 62 West and West of Highway 71 By-pass from A-1, Agricultural W. V. GRIMES District, to R-2, Medium Density Residential District, tabled from January 10, 1972. Chairman Roy Clinton stated that the City Attorney, David Malone, had informed him that if Fifteenth Street was a question, the street is nonexistent. Mr. Malone had researched this on another matter and wanted to bring it to the attention of the Planning Commission. This is a plat book mistake. Charles W. Atkinson represented Mr. Grimes who was in the audience. He displayed a plat of the park as developed. Esther White, Attorney, said her clients opposing the rezoning were concerned about Mr. Grimes opening a street onto Farmer's Drive and expanding the mobile home park. John Maguire moved to accept the petition for rezoning and approve rezoning to R-2 subject to Mr. Grimes filing and complying for arW new additional spaces. Helen Edmiston seconded. It was approved unanimously. The third item on the agenda was the public hearing on Rezoning Petition R72-1, Garrett London, 956 Cato Springs Road, to rezone PETITION R72-1 from I-1, Heavy Commercial and Light Industrial District, to R-1, GARRETT LONDON Low Density Residential District. 956 Cato Springs Larry Wood presented the Staff Report. The recommendation was to rezone this property to R-2, Medium Density Residential District, and to study for possible rezoning by the Planning Commission the area north of Cato Springs Road up to the Railroad and lying between the creek on the East and Garland Avenue on the West. He also recommended a study of the south side of Cato Springs Road, as there are some residences there also. 2-1-72 -2- Don Pitts represented Mr. London's petition. He stated R-2 would be satisfactory with Mr. London as Mr. London's immediate plans were to make an addition to his home and this cannot be done with the present zoning. Chairman Clinton was not of the opinion the Planning Commission could amend the rezoning request to a heavier density than had been advertised. There was no opposition to the petition. The public hearing was closed. The next item of business was the public hearing on Rezoning Petition R72-6, Dillon Food Stores, 1891 Mission (Highway 45 East) to rezone PETITION R724 from R-1, Low Density Residential District, to C-2, Thoroughfare DILLON FOOD STORES Commercial District and a proposed expansion to be processed as a 1891 Mission Blvd. large scale development if the rezoning is approved. Larry Wood presented the Staff Report. Denny Cresson represented Dillon Food Stores and stated they wanted to add 50 feet to the store to expand their merchandising, but must rezone because the store is non -conforming. Ernest Jacks asked why they could not do this in C-1, Neighborhood Commercial District. Mr. Greeson stated the Planning Office had felt C-2 would cover what they wanted to do better. There was no opposition and no further questions. The public hearing was closed. The next item of business was the public hearing on Rezoning Petition R72-71 Ethel B. Smith, 7 South School Avenue, to rezone from R-0, PETITION R72-7 Residential Office District, to C-2, Thoroughfare Commercial District. ETHEL B. SMITH Larry Wood presented the Staff Report. 7 S.School Ave. Marshall Carlisle, Attorney, represented Mrs. Smith. He stated she; owns the building and the proposed tenant wants to put in a shoe repair shop. The Planning Office would not issue a Certificate of Occupancy for shoe repair in the R-0. Ernest Jacks proposed examining what is permitted in the R-0 zone and possibly making it more liberal. Since "shoe repairing" is not actually listed in the zoning ordinance, the Planning Commission disucssed its right to interpret the use units and interpret shoe repair as being in the R-0 District. Mr. Jacks asked for Mr. Wood's opinion of whether he considered it more appropriate to interpret shoe repairing in R-0 or to rezone to C-1, Neighborhood Commercial, and interpret shoe repairing as being in C-1. Mr. Wood thought C-1 more appropriate. There were no objections to the petition from the audience. The public hearing was closed. The next item of business was the public hearing on Rezoning Petition R72-8, Sunrise Manor, Inc, Cy Carney and Lettie Carney, to rezone PETITION R72-8 part of Rochier Heights Addition from R-2, Medium Density Residential SUNRISE MANOR,INC. District, to R-3, High Density Residential District. C9.& Lettie Carney Larry Wood presented the Staff Report. In addition to the recommendations in the report, Mr. Wood recommended that if a mixed family development is considered, the applicant consider replatting and possibly closing some streets, etc, now dedicated but not developed. Glen Wing, Attorney, represented the petition. Mr. Carney was present. Claude Hughes asked what was planned regarding the street providing access into the property as it.is a poor street. Mr. Wing said the immediate plans are to expand the existing nursing home. Nursing homes are permitted in R-3 but not in R-2. He said they might want to build another nursing home later. 0 0 2-1-72 -3- There was no opposition present. The public hearing was closed. Helen Edmiston moved to recommend the Board of Directors rezone the PETITION R72-1 Garrett London property, Petition R72-1, to R-1 as applicant requested. Ernest Jacks seconded. The petition was approved unanimously. Ernest Jacks moved to instruct Larry Wood to draw the boundaries for SET BOUNDARIES the public hearing to rezone the property in the area of the London FOR REZONING ON petition to R-2. Helen Edmiston seconded. It was approved unanimously. CATO SPRINGS RD Ernest Jacks moved to amend the petition of Dillon Food Stores, Petition R72-61 to rezone to C-1, Neighborhood Commercial District, and recommend the Board of Directors approve the rezoning. Helen Edmiston seconded. The amended petition was approved unanimously. Ernest Jacks moved to approve the large scale development plan for Dillon Food Stores, 1891 Mission Boulevard, as recommended by the Plat Review Committee. Helen Edmiston seconded. The plan was approved unanimously. Regarding the Petition R72-7, Ethel B. Smith, Ernest Jacks moved that the Planning Commission use its power to interpret the use units to add shoe repair to the services in Use Unit 15 permitted in C-1, Neighborhood Commercial District; to amend the petition of Ethel B. Smith to rezone to C-1, Neighborhood Commercial District, and to recommend to the Board of Directors that the petition be approved to rezone the property from R-0, Residential Office District, to C-1, Neighborhood Commercial District. Claude Hughes seconded the motion as made by Mr. Jacks. The motion was approved unanimously. PETITION R72-6 DIL.LON FOOD STORES L. S. Development PETITION R72-7 SHOE REPAIR IN C-1 The Commission discussed the petition of Sunrise Manor, Inc., Cy Carney and Lettie Carney with Larry Wood. He suggested they invite the applicant to set boundaries for the present nursing home, proposed expansion, and possible second nursing home. Helen Edmiston moved to continue Petition R72-8 based on asking the applicant to show immediate plans for the property in question. Ernest Jacks seconded the motion and it passed unanimously. Chairman Clinton explained to the applicant that this motion means the Planning Commission has 45 days in which to make a recommendation to the Board of Directors. The next item of business was a letter from F. E. "Bud" Brown regarding a home occupation in R-1, Law Density Residential District. Mr. Brown was present and requested to be permitted to have his real estate sales office in his home because of his wife's health. Chairman Clinton noted this was one of the things the ordinance supposedly doesn't allow as home occupations are not permitted in R-1. Larry Wood asked if this had been considered under the temporary facilities listed in Use Unit 2 - City Wide Uses by Conditional Use Permit. This was dis- cussed. Chairman Clinton said he was not sure the proposed use followed the intent of the ordinance. Following further discussion, John Maguire moved to permit Mr. Brown to have a real estate sales office in his home as a temporary use under Use Unit 2 and not to exceed 11j months as permitted by ordinance. Helen Edmiston seconded. PETITION R72-8 F.E. BUD BROWN Real Estate Sales in R-1 2-1-72 -4- The vote was taken. Hughes, Clinton, Maguire, Edmiston, and Jacks voted "Aye." Nickell voted "Nay." The temporary conditional use was granted. The next item of business was a proposed revision to A W Realty A. W. REALTY SUED. Subdivision, Phase I, to achieve a tie to Millsap Road, James Revised Final Plat Walker and Ervan Wimberly were present to represent the proposal. Mr. Walker explained they had a problem and had to revise the plat because Mr. Bassett would not give more than 50 feet right-of-way. Ernest Jacks moved to accept the revision contingent upon no difficulty with the telephone company. Claude Hughes seconded. The revision was approved unanimously. The next item of business was a preliminary plat for Carson Subdivision, CARSON SUBD, outside the City Limits, but within Fayetteville Planning Area. Ervan Preliminary Plat Wimberly was present. He stated he had not investigated into the Outside City feasibility of continuing a road to the East. They will show an easement for road to the North along the West side of Lot 5. He promised to supply certification the lots would support septic tanks. He promised to show the easements requested by the utility companies. Chairman Clinton noted that the major stumbling block is the street situation. He asked whether the City has to accept streets if this property should be annexed without the streets being brought up to City standards. Helen Edmiston moved to approve the preliminary plat subject to the Plat Review Committee recommendations. Donald Nickell seconded. In discussion, Larry Wood suggested checking on the possibility of filing a notice with the deed that even though the roads are dedicated, they are not accepted by the City and any move to bring the property into the City would require the roads be brought up to standard. Mrs. Edmiston's motion was approved unanimously. The next item of business was a request for approval of off-site parking for use of building at 324 North West Avenue. Marshall Carlisle, Attorney, was present to represent the request. He and Harold Lieberena explained the request. The building has been converted into a tavern. There is no off-street parking on the property at all. They have obtained permission for use of the property on the West side of West Avenue. The beer warehouse there will use the parking during the day; the tavern can use it at night. Claude Hughes said the schools have commodity trucks arriving at the warehouse South of the beer warehouse at all hours; they never know what time they will arrive. The commodity trucks unload at the ramp on the East side against the street and on the North side of the building where it faces the beer warehouse. John Maguire moved to grant the request for use:: of off-street parking on the beer warehouse parking lot. Donald Nickell seconded the motion. The vote was taken. Clinton, Maguire, Edmiston, Jacks, and Nickell voted "Aye." Hughes voted "Nay." The request was approved. The next item of business was a discussion on the proposed amendment to mobile home park regulations. Ernest Jacks brought up three points for discussion: (1) The proposal contains no required recreation space. FHA requires 8% of gross area in open or recreation space. OFF SITE PARKING 324 North West Ave PROPOSED MOBILE HOME PARK REGS. 2-1-72 -5- FHA also requires 100 sq, ft. of storage space for each mobile home pad to be located either on the pad or in a centralized location. (2) No mention of fees. Harold Lieberenz said a minimal fee is collected when he issues the "building permit." If the City requires regular street widths and improvements, etc., a fee could be absorbed in the subdivision plat. (3) Mr. Jacks questioned whether the City wants the streets to be dedicated or simply built to City standards. The people want to be able to restrict the use of the streets. It was noted that some parks do not permit motorcycles to be riden within the boundaries of the park and they want to be able to control speeds. After a discussion on the points mentioned, Claude Hughes moved that the Planning Commission accept the proposal, but recommend that recreation and storage space be required to comply with FHA minimum standards. Ernest Jacks seconded. The motion passed unanimously. The minutes of January 18, 1972, Planning Commission meeting were approved as mailed. The meeting was adjourned at 6:10 P.K. RESOLUTION PC 72-4 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, Tuesday, February 1, 1972, fifteen (15) days after a sign was erected upon the property and after a notice was published in the Northwest Arkansas Times, a newspaper 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. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS, Section 1. That ordinances be adopted for the purpose of rezoning the following 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 gest and West of Highway 71 By -Pass, described as: Tract 1: Part of the SEI of the NEI and part of the PEI of the SEI of Section 19, T -16-N, R -30=i, being more particularly described as follows: Beginning at a point that is South 890 38' !Jest 476.4 feet from the NE corner of said SE14 of the NEI, thence South 890 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 Porth 890 38' East 395.2 feet, thence South 850 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. PETITION N0, R72-1: The petition of Garrett London for property located at 956 Cato Strings Road and 1002 Cato Springs Road described as: Part of the SrI of the SWw of Section 21, T -16-N, R-30 01, described as follows, to -wit: Beginning at a point 300 feet East of the Srl corner of said 40 acre tract, and running thence East 85 feet, thence North 150 feet, thence West 85 feet, thence South 150 feet to the point of beginning. ALSO beginning at a point which is 442 feet East of the corner of said 40 acre tract, and running thence East 108 feet, thence North 18026' ';lest 288 feet, thence South 12030' ':;est to a point which is 150 feet North of the South line of said 40 acre tract, thence East to a Point due :Worth of the point of beginning, thence South to the point of beginning; from I-1, i:eavy Commercial Z Light Industrial, to R-1, Lox Density Residential District, PETITION N0, R72-6: The petition of Dillon Food Stores for property located at 1891 Haigh -v. -ay 45 East described as: Part of the 'rl� of the SEI of the S',;I of Section 2, T -16-N, R-30-}1, described as follows, to -wit: Eeginning at a point 520 feet North and 350 feet East of the Si; corner of said 20 acre tract, and running thence East 175 feet, thence South 80 feet, thence East 135 feet, thence North 654.19 feet, more. or less, to the center line of State Highway 71'45, thence ScuthWesterly with the center line of said State High -..;ay 145, 335.59 feet, more or less, to a point due North of the beginning point and thence South 525.66 feet, more or less, to the point of beginning, except that portion of said lands located within the boundaries of State Highray 145. The zoning charge is requested on that part cf the above described property as follows: Beginning at a point on the center line of Highway 145 and the East edge of Vigwpoint Drive thence South 225 feet; thence East 313 feet, thence orth 392 feet to the center line of High -...ay 145, thence South::esterly with the center lire of said High-emy 145 a distance of 335.49 feet to the point of beginning; from R-1, Low Density Residential District, to C-2, Thoroughfare Commercial District. Planning Commission recommended property be rezoned to C-1, Neighborhood Commercial District. PETITION ?'C. R72-7: The petition of Ethel B. Smith for property located at 7 South School Avenue described as: Part of Block 23 of the Original Plat of Fayetteville, described as fcllo:.-s: Beginning at the SE corner of the N21 of the L- of said Block 23 and running thence Worth 24 feet; thence .';est 113 feet; thence South 24 feet; thence East 113 feet to the place of beginning; from R-0, Residential Office District, to C-2, Thoroughfare Commercial District, Planning Commission recommended property be rezoned to C-1, Neighborhood Commercial District. 0 PASSED AND APPROVED this ist day of February, 1972 APPROVED: ROY CLINTON, CHAD MAN