Loading...
HomeMy WebLinkAbout1972-04-04 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, April 4, 1972, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Dr. Walter Brown, Al Donaubauer, Albert Witte, Roy Clinton, Ernest Jacks, Al Hughes, Helen Edmiston, Members Absent: John Maguire, Donald Nickell. Others Present: Larry Wood, Pete Young, Be C. Snawder, Gene Hamm, John Lisle, Jr., Dr. David Fields, Mrs. Helen Lefler, Eleanor Johnson, Gregg Scott, Mrs. Glen Cole, Lloyd Seaton, Tom Keith, Judy Tilton, Bill Bequette, Byron Boyd, Erevan Wimberly, Jack Tyler, Ken Riley, Charles Barrett, Wade Fincher, Ray Brown, Chairman Roy Clinton called the meeting to order. The first item on the agenda was the public hearing on Rezoning Petition R72-11, 0. H. Gamble, for property located West of College Avenue PETITION R72-11 between Trenton Boulevard and Davidson Street, to rezone from R-2, O. H. GAMBLE Medium Density Residential District, to C-2, Thoroughfare Commercial West of College District, Chairman Clinton read a letter submitted'to the Planning Office April 4, 1972, requesting permission to withdraw the petition at this time. Al Donaubauer moved to allow withdrawal of Petition R72-11, 0. H. Gamble. Helen Edmiston seconded. The withdrawal was approved unanimously. The second item on the agenda was the public hearing on Rezoning Petition R72-12, Be C. Snawder, for property located on the SE PETITION R72-12 corner of Sycamore Street and Leverett Avenue, to rezone from R-2, Be C. SNAWDER Medium Density Residential District, to R-3, High Density Residential Sycamore & Lev District. Larry Wood presented the Staff Report. The petition was represented by Be C. Snawder and Gene Hamm and stated they did not have any plans for the property but felt that for the potential price of the land they needed R-3 zoning. There was no opposition in the audience. The public hearing was closed. The third item on the agenda was the public hearing on Rezoning Petition R72-13, James E. Lindsey, for property located on the SE PETITION R 72-13 corner of North Street and Leverett Avenue, to rezone from R-3, JAMES E. LINDSEY High Density Residential District, to C-1, Neighborhood Commercial North & Leverett District, Chairman Clinton told the Commission members and the audience that Mr. E. J. Ball, Attorney for Mr. Lindsey, had phoned both he and the Planning Office earlier in the day and requested the petition be tabled until the next meeting of the Planning Commission as an emergency had come up and he was unable to attend this meeting. Albert Witte moved to table the petition, R72-1,3, until the next meeting. Al Donaubauer seconded; it was tabled unanimously. 4-4-72 .2. Chairman Clinton said there were people who might be planning to arrive a little later at the meeting for Items 4 and 5 on the agenda. Therefore he suggested the Commission take action on R72-12, Be C. Snawder, before continuing to Items 4 and 5. Dr. Walter Brown moved to deny Petition R72-12. Al Donaubauer seconded. The Commission voted unanimously to deny the petition PETITION R72-12 and gave as its reason that there is usually a plan brought forth. If the property is to be sold and the petitioner could show a plan showing an increase in green space or something the Commission would favor the plan. Mr. Clinton said it was not the duty of the Commission to rezone property just to increase the value of the property. The Commission next held a discussion on the I-1 zoning North of the By-pass, East of Johnson Road, and West of Skull Creek. The Commission I-1 ZONING was informed that they had recommended approval of a rezoning petition N. OF •7l'BY-PASS submitted by Kelley Brothers Lumber & Supply Company; but that the E. OF JOHNSON RD Board of Directors had not acted on the petition pending further action by the Planning Commission on the remainder of the I-1 property located there. At the time, the Staff Report had recommended dezoning all of the I-1 to R-1. Ernest Jacks moved that the Planning Commission call a public hearing for the purpose of rezoning from I-1, Heavy Commercial & Light Industrial District, to R-1, Low Density Residential District, all of that property North of Highway 71 By-pass, East of Johnson Road, and West of Skull Creek. Dr. Walter Brown seconded. The motion passed unanimously. • The next matter before the Commission was the public hearing on Rezoning Petition R72-14, David Be Fields, for property located on PETITION R72-14 the Northeast corner of Nettleship Street and Hartman Avenue, to DAVID B. FIELDS rezone from R-1, Low Density Residential District, to R-2;,Medium Nettleship & Density Residential District. Hartman Ave. Larry Wood presented the Staff Report, Dr. Fields was present and was also represented by John Lisle, Jr.., Attorney, who stated Dr. Fields proposes to build two duplexes on the 100' X 150' parcel with both duplexes facing on Hartmka, He further stated that the lot to the East of these two lots has been rezoned and construction is in progress on the four lots East. The lot to the immediate North is vacant. He offered to submit a statement to the effect that no more than two duplexes would be built on the property. Roy Clinton read a letter and summarized a petition opposing the rezoning submitted by Mrs. Helen Leflar. Mrs. Leflar was in the audience and reaffirmed the petition. A number of persons were present in opposition to the rezoning petition. Mrs. Eleanor Johnson objected; Greg Scott objected to the increased traffic on Hartman; Mrs. Glen Cole objected because she felt it would influence the other surrounding properties to seek rezoning; Loyd Seaton objected because of increased traffic and cluttering up the view. Tom Keith also opposed the rezoning. None of the objectors opposed putting one duplex on the property; but all opposed more than one duplex on the property. After a few other remarks' and some closing remarks by Mr. Lisle, the public hearing was closed. Dr. Walter Brown moved that the petition R72-14, David Be Fields, be denied. Albert Witte seconded, Dr. Brown said that When the Commission had considered the zoning on the lots to the East it had decided to hold the line on these two lots and allow at the most a duplex to buffer, 4-4-72 -3- Dr. Brown also felt that the Board of Directors should not object when people go before them on petitions. He thought both sides should have the right to go before the Board of Directors. He recommended that in this case, the Staff Report be upheld because he thought it right for the area and the comprehensive plan. He did not feel that the Commission could operate under the philosophy of believing that a petitioner will put on property what they say they will put on it. The vote was taken; Brown, Donaubauer, Witte, Jacks, Hughes, and Edmiston voted "Aye" to deny the petition; Clinton voted "Nay." The petition was denied by a vote of 6 to 1. Al Donaubauer left the meeting at 5:15 P.M. Albert Witte said that in addition to the reasons already given for denying the petition, he gave great weight to the public objections. He did not think it was a legitimate argument for rezoning if the petitioner just wanted to avoid economic loss. The next matter for consideration was the public hearing on Rezoning Petition R72-15, Byron Boyd, Agent for Mayflower Investment Company, PETITION R72-15 for property on the South side of Harold Street and East of College BYRON BOYD, AGENT Avenue, to rezone from R-1, Low Density Residential District, and Harold Street C-2, Thoroughfare Commercial District, to R-2, Medium Density Residential District. Byron Boyd and Ervan Wimberly were present on behalf of the petition. Mr. Boyd stated he wanted to build "duplexes" in row house style with a double carport between the units. He planned to install dishwashers, washing machines, and dryers in each unit and hoped to attract people of his age group whose children are grown. He presented elevations of the proposed buildings. He hoped to get 84 units. At Mr. Clinton's request, Larry Wood gave the Staff Report at this time. Jack Tyler, resident on Sheryl Avenue, requested the access drive not be along the East line of the apartments. Ken Riley, resident on Sheryl Avenue, expressed concern for what the increased density would do to streets,, traffic, schools, etc. He suggested the access drive be located away from the single family homes, more than one entrnace be provided off Harold Street, and requested the R-1 zoning not be changed. He did not object to changing the portion of C-2 requested for rezoning. Following further discussion with Mr. Boyd, Mr. Tyler, Mr. Riley, Ray Brown (another area resident), and the Commission members, Mr. Boyd stated he was willing to cut down the density proposed from 84 units to 72 units, and was willing to accept the Staff Report recommendation to rezone only the 200 ft. in the C-2 District. Ervan Wimberly sketched an alternate lay out for the apartments which all concerned found more acceptable. Dr. Walter Brown moved that the Commission approve the rezoning of the C-2 parcel to R-2 but retain the strip of R-1 zoning as recommended by the Staff Report. Albert Witte seconded. The motion passed unanimously. It was noted that the large scale development plan must be revised accordingly. Under "Other'business" the Commission considered a request for a BARRETT-FINCHER re -petition to rezone property at One Mile Road and Highway 62 West. (Dooley Oil Co.) The Planning Commission had denied the earlier petition; the petitioner Re -Petition 4-4-72 -4- had appealed to the Board of Directors; and the Board of Directors had taken no action on the appeal. At the suggestion of some members of the Board of Directors, the petitioner, Dooley Oil Company represented by Barrett-Fincher Real Estate, had brought back a re -petition for a larger area. Dr. Walter Brown moved that the Planning Commission deny the right to re -petition in less than 12 months from the date of previous denial in line with the decision before and the Board of Directors decision not to take action on the appeal and in view of the comprehensive plan. Albert Witte seconded the motion. The Commission discussed the need to study the entire stretch from the By-pass to Farmington. The vote was taken on Dr. Brown's motion. Brown, Witte, Jacks, voted "Aye,' to deny the request to re -petition; Hughes and Clinton ,voted "Nay"; and Edmiston abstained. The request to re -petition was denied. The Commission directed Larry Wood to study the area between Highway 71 By-pass and the Farmington City Limits on both side of Highway 62 and to study it to the depth he felt necessary North and South. Mr. Wood said that regarding the request to study the Highway 71 By- pass corridor, he has prepared gotten the By-pass drawn off on topo sheets in preparation for his study. The minutes of the March 21, 1972, Planning Commission meeting were approved as mailed. • The meeting was adjourned at 6:25 P.M. STUDY OF HWY, 62 Requested REPORT ON STUDY OF BY-PASS RESOLUTION PC 72-10 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, April 4, 1972, fifteen (15) days after a sign was erected upon the property and after a notice was published in the Northwest Arkansas Times, a news- paper of general circulation; and WHEREAS, after the public hearing, the Planning Commission voted to make recommendations to the Board of Directors on the following re- zoning petitions. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILIB, ARKANSAS. Section 1. That the petitionsrequesting the rezoning of the fol- lowing tracts of property be denied. PETITION NO. R72-12: The petition of B.C. Snawder for property located on SE corner of • Sycamore Street and Leverett Avenue. A part of Lot 25 of Evins Farm, Subdivision of the City of Fayetteville, Arkansas and being more particuarly described as follows: Beginning at the NW corner of Lot 25 and running thence S 210 ft., thence E 210 ft., thence S 222.96 ft., thence E to Skull Creek, thence in a Northerly dir- ection along Skull Creek to the N line of Lot 25, thence W to the Point of Beginning, containing 3j acres, more or less; from R-2, Medium Density Residential District, to R-3, High Density Residen- tial District, PETITION NO. R72-14: The petition of David B. Fields, D.V.M. for property located on NE corner of Nettleship Street and Hartman Avenue. Lots 10 & 11 of Block 2, of Rich's Addition to the City of Fayetteville; from R-1, Low Density Residential District, to R-2, Medium Density Residen- tial District, PASSED AND APPROVED this 4Lh day of April , 1972. APPROVED: ROY CLINTON, CHAIENAN 11 RESOLUTION PC 72-11 BE IT RESOLVED, by the Planning Commission of the City of Fayetteville, that a public hearing be called for the purpose of considering the rezoning of property hereinafter described and to rezone from I-1, Heavy Commercial and Light Industrial District, to R-1, Low Density Residential District, and BE IT FURTHER RESOLVED, that the Planning Administrator is hereby authorized to advertise said public hearing for the earliest convenient meeting of the Planning Commission, LEGAL DESCRIPTION: Property, located North of Highway 71 By-pass between the Railroad tracks and Skull Creek, described as: Part of the E} of Section 27, T -17-N, R -30-W. more particularly described as: Beginning at a point on the East ROW line of the St. Louis & San Francisco Railroad where the East ROW liens of the St. Louis & San Francisco Railroad intersects the North ROW line of Highway 71 By-pass; thence running Northerly along the East ROW line of said railroad ROW to the North line of the City Limits of Fayetteville; thence Easterly along said City Limit line to the point where the center line of the Skull Creek branch intersects; thence South in a Southerly direction along the centerline of Skull Creek to a point on the North line of Highway 71 By-pass; thence Southwesterly along the North ROW line of Highway 71 By-pass to the point of beginning. To rezone from I-1. Heavy Commercial & Light Industrial District, to R-1, Low Density Residential District. PASSED AND APPROVED this 6th day of April,1972. APPROVED: ROY CLINTON, CHAIRMAN r • • RESOLUTION PC 72-12 , WHEREAS, a public hearing was held by the Planning Commission, Tuesday, April 4, 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 a recommendation to the Board of Directors on the following zoning petition: PETITION N0, R72-15: The petition of Byron Boyd, Agent for Mayflower Investment Co. Dallas, Texas to rezone property on the South side of Harold Street and East of College Avenue. A part of the SE4 of the SE4 of Section 26, a part of the NEI,, of the NES of Section 35, and all of Lots 2, 3 and 4 of Block 1, Oakland Hills Addition to the City of Fayetteville, Arkansas, all in Tl7N, R30W, of the 5th P.M. and being more particularly described as follows: Starting at the SW corner of the SE4 if the SE4 of said Section 26, thence E 40.01; thence N 0.00061E 85.00'; thence S89°34'E 599.52' to the Point of Beginning; said Point of Beginning being the NW corner of Lot 2, Block 1, of Oakland Hills Addition; thence S890341E 300.00' to the PIE corner of Lot 4, Block 1, Oak- land Hills Addition, thence S970.01; thence W300.01; thence N 972.27' to the Point of Beginning and containing 6.69 acres, more or less; from R-1, Low Density Residential District and C-2, Thoroughfare Commercial District, to R-2, Medium Density Residential District, NOW, THEREFORE BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETMILLE, ARKANSAS. SECTION 1. That an ordinance be adopted to rezone that portion of the above described property which is hereinafter described and to rezone from C-2, Thoroughfare Commercial District, to R-2, Medium Density Residential District. Beginning at the NW corner of Lot 2, Block 1, Oakland Hills Addition, thence South 972.27 ft.; thence East 200 ft.; thence North 970 ft., more or less, to the NE corner of Lot 3, Block l,, Oakland Hills Addition; thence N89°341W 200 ft. to the Point of Beginning. SECTION 2. That the petition to rezone that portion of the above described property which is hereinafter described and to rezone from R-1, Low Density Residential District, to R-2, Medium Density Residential District, be denied. I• • Beginning at the NE corner of Lot 4, Block 1, Oakland Hills Addition thence South 970 ft.; thence West 100 ft.; thence North 970 ft., more or less, to the NW corner of Lot 4, Block 1, Oakland Hills Addition, thence S89°341E to the Point of Beginning. PASSED AND APPROVED this 4th APPROVED: day of April, 1972. ROY CLINTON, CHAIRMAN