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HomeMy WebLinkAbout1972-04-18 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, April 18, 1972, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Donald Nickell, Dr. Walter Brown, Albert Witte, John Maguire, Roy Clinton, Al Hughes, Helen Edmiston, Al Donaubauer, Members Absent: ;Ernest Jacka: _ Others Present: Larry Wood, E. J. Ball, Harold Lieberenz, Pete Young, Stanley Greenwood, James E. Lindsey, Byron Boyd, Dann Newman, Faye Ramsey, Lena Patterson, Herbert Holcomb, Rip Lindsey, Chairman Roy Clinton presided at the meeting. The first matter considered was to set a public hearing for the proposed sign regulations to amend the zoning ordinance. By unanimous agreement of those present, Tuesday, May 23, 19722 at 7:00 P.M., in the Municipal Court Room was the time and date chosen for the hearing. Chairman Clinton requested that this meeting take the place of the regular second meeting of the month and that no other business other than the public hearing on the sign regulations be scheduled for May 23. • The next item of business was the public hearing on Rezoning Petition R72-13, James E. Lindsey, for property located on the Southeast corner of the intersection of North Street and Leverett Avenue, to rezone from R-2, High Density Residential District, to C-1, Neighbor- hood Commercial District. The hearing was originally scheduled for' April 4, 1972, but had been tabled at the request of E. J. Ball, Attorney for the petitioner. Larry Wood presented the petition and stated the purpose of the rezoning request is so a Spee -Dee Mart can be built on the property. Al Donaubauer arrived at 4:15 P.M. Mr. Ball said he believed it would promote the interest of the community if the property were rezoned. He stated he and the petitioner had contacted man of the surrounding property owners. Also present on behalf of the petition were James E. Lindsey and Stanley Greenwood. Mr. Greenwood said the proposed grocery store would be their standard 40 ft. by 60 ft. in size and they might also put the office for the Spee -Dee Marts there. Two self-service gasoline pumps would also be erected. Mr. Donaubauer asked whether an land- scaping was planned. The lighting and parking were also discussed. No landscaping was planned. There was no one present to oppose the petition; the public hearing was closed. Chairman Clinton observed that due to the fact the land pie more than one acre, a large scale development plan must be submitted before the land can be used. 0 CALL PUBLIC HEARING ON PETITION R72-13 James E. Lindsey 4-18_ -72 -2- Dr. Walter Brown moved that the petition, Number R72-13, be denied in accordance with the Staff Report. Helen Edmiston stated she must disqualify herself from voting because she owns property across the street from the property. The motion died for lack of a second. John Maguire moved that Petition R72-13 be granted. This motion also died i.for a lack of a second. Dr. Walter Brown moved that Petition R72-13 be tabled for a staff study on what the Planning Commission intends to do about establish- ing corner grocery stores. This motion also died for a lack of second. Donald Nickell requested more discussion on the Staff Report. Dr. Brown said there is already a grocery store in the D -X service station near there. Carl Tune's property was rezoned for. a neighborhood shopping center. John Maguire felt the fact that the service may already be offered in the area was a difficult reason to deny rezoning. Mr. Donaubauer said on one han&.he is completely sympathetic to the petitioner, but is not sympathetic with what is proposed to be located there. He felt the area has possibilities as commercial and could see where shopping areas there can meet the needs of more people. He said the developers lack of interest in beautifying is the real challenge. Donald Nickell moved that Petition R72-13 be tabled until the next meeting. Al Donaubauer seconded the motion. The vote was taken; Donaubauer, Nickell, Brown, Clinton, and Hughes voted "Aye"; Maguire voted "Nay"; Witte and Edmiston abstained. The motion was carried. Mr. Donaubauer requested any letters or documents, exhibits or testi- monial which the petitioner might have either for or against the re- zoning be shared with the Commission. The next matter considered was a revision to a large scale development • plan submitted by Byron Boyd, Agent for Mayflower Investment Company, for property on the South side of Harold Street and East of College Avenue. The Board of Directors had passed an ordinance April 20 to rezone the West 200 ft. of the subject property from C-2 to R-2, but had left the East 100 ft. of the subject property R-1. Harold Lieberenz reviewed the revised plan. Dr. Walter Brown moved that the large scale development plan be approved as revised; Albert Witte seconded. It was approved unanimously. The next matter considered was a request from KGTO-TV, 200 West Center Street, to relocate their microwave tower. The tower is a conditional use in the R-0 zone. Chairman Clinton read the letter submitted by the applicant. Danny Newman was present on behalf of KGTO-TV. He said they have not contacted the FAA as suggested by Harold Lieberenz; they understood that as long as the tower does not exceed the highest structure in the area, there would be no problems with the FAA. Opposing the relocation were Faye Ramsey and Lena Patterson, adjoining property owners. Mrs. Ramsey did not feel they would be able to place the 60 ft, tower on the top of the building and safely anchor it. She feared lightening might strike the tower and that a high wind might blow it over on one of the houses. She also said Mrs. Patterson's tenants have threatened to move if the tower is placed where it is proposed to be placed. Mrs. Ramsey suggested the tower be placed on top of the City Administration Building and that a coaxial cable be carried from the tower to the station. Herbert Holcomb spoke on behalf of the request. He owns the property where the tower is now located. He felt the tower could be placed on a solid concrete wall and safely anchored. He said it would have BYRON BOYD, AGENT MAYFLOWER INV. CO. Revision to L.S. KGTO-TV Request to 4 -?g-72 -3- to meet FCC regulations. Mr. Holcomb cannot remodel his building until the tower is moved. He said he understood KGTO-TV was also trying to get standard with Urban renewal. Rip Lindsey said he was a disinterested person. He recommended locating the tower on top of the City Administration Building. He thought the cost would not be too much, and the service would be better. He offered the services of Trans -Video for a small charge. Danny Newman said they have been assurred by a qualified engineer that the tower would be safe on top of the building they occupy The public discussion was closed. Dr. Brown asked Mr. Lieberenz if he knew of any fire hazard or violation of the fire code. Mr. Lieberenz did not. John Maguire asked Mr. Newman if Rip Lindsey's proposal had been considered. He did not know. Mr. Lindsey estimated the cost of his proposal to be $1,500.00. After further discussion Dr. Brown moved to table the matter until the next meeting so they could report on whether they can accept Rip Lindsey's proposal and whether it is feasible or not. Helen Edmiston seconded. The motion and second were subsequently withdrawn. Dr. Brown moved to approve the request to relocate the tower provided they are willing to put the tower on top of the City Administration Building as outlined by Rip Lindsey. Helen Edmiston seconded. The motion passed unanimously. Chairman Clinton noted that in the even this proposal is found to be unfeasible, the applicant may come back to the Planning Commission with the original request. The meeting was adjourned at 5:30 P.M. 0 RESOLUTION PC 72-13 BE IT RESOLVED, by the Planning Commission of the City of Fayetteville, that a public heaftng be called for the purpose of considering an amendment to zoning Ordinance 1747 to amend the sign regulations contained therein. BE IT FURTHER RESOLVED, that said hearing be held, Tuesday May 23, 1972, at 7:00 P.M., in the Municipal Court Room, City of Fayetteville, Arkansas and that the Planning Administrator is hereby authorized to advertise said hearing. 11 PASSED AND APPROVED this 18th day of April, 1972. APPROVED: ROY CLINTON, CHAIRMAN::