HomeMy WebLinkAbout1972-05-02 MinutesMINUTES OF A PLANNING COMMISSION MEETING
The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, May 2,
1972, in the Director's Room, City Administration Building, Fayetteville,
Arkansas,
Members Present: Helen Edmiston, Roy Clinton, Al Donaubauer, Donald
Nickell, Al Hughes
Members Absent: Albert Witte, Ernst Jacks, Walter Brown, John Maguire
Others Present: Larry Wood. Harold Lieberenz, Pete Young, James Lindsey,
E.J.Ball, Martin Yurich, Marshall Carlisle, Danny Newman
Chairman Roy Clinton presided at the meeting.
The first item discussed was the date to be set for the report Hwy. 71 By-pass
on Highway 71 By-pass corridor. After some discussion with Larry Corridor Report
Wood, who will be presenting the report, it was decided to set the
date for the second meeting in June. It was also decided that the
report would be presented in sections.
The next item of business was the public hearing on Rezoning PETITION R72-13
Petition R72-13, James E. Lindsey, for property located on the James E, Lindsey
Southeast corner of the intersection of North Street and Leverett North & Leverett
Avenue. This petition was tabled from the April 18, 1972 meeting.
Roy Clinton reviewed what had taken place in the last meeting.
• Mr. E.J. Ball presented information to the Board members that
was gathered by Mr. Lindsey since the last meeting. Mr. Lindsey
then gave the Board a presentation on the information that was handed
out. He pointed out that concern was .voiced in the last meeting about
beautification of the location. He said that there are plenty of trees,
shrubbery & grass on the site and beautification was also in the design
of the building itseW. He concluded in saying that since no one in
the area that he talked to was opposed, he felt the petition should
be`granted. There was a general discussion about Mr. Lindsey's infor-
mation. Mr. Hughes brought up the point that it was near Dillons Food
Store and he was concerned about the competition, as to whether or not
the building'might be vacant in a short period time. Mr. Lindsey
said that they dial not feel that they were in competition with Dillon's
because Spee -Dee Mart was a convenience store with mostiy spot items.
There was no one present to oppose the petition. Mrs. Sandra Does,
from the audience who lived in the area, spoke in favor of the petition.
Donald Nickell moved that the Petition R72-13 be approved as requested.
Al Donaubauer seconded the motion. The vete was taken with 4 "ayes".
Helen Edmiston abstained from voting because she had property across
from the location. The motion was carried by a unanimous vote.
0
The next matter considered was a public hearing on Rezoning Peti- PETITION R72=17
tion R72-17, A.E. Bowen and Martin YuPich:for property located on the A.B. Bowen &
Northwest corner of the Intersection of Highway 16 West and Hwy. 71 Martin Yurich
By-pass and extending to Dorothy Jean Street, to rezone from A-1, 16 West & 71
Agricultural to C-2, Thoroughfare Commercial. By-pass
J
5=2-72
.2.
Larry Wood presented the staff report on the petition. He recommended
denial of the petition at this time. He also had some recommendations
to the Board if the petition was denied as suggested. Al Donaubuaer
wanted to know if the area of the property would be cut down if the
By-pass is widened to 4 lanes. Larry Wood stated that the ROW was
already adquired for 4 lanes and the area of the property would not be
cut down.
Marshall Carlisle, Attorney for the petitioners, presented his case
He said the use desired by the petitioners for this land was a motel
and service station. He pointed out that because the location of the
property was at a major intersection on the By-pass, it could not help
but -eventually be commercial in use. The construction of the project
is still quite a way in the future so the problem of there being no
sewer in this area for about two years is not so important a problem
at this time. He asked that the Board consider letting the petitioners
go ahead with their plans and negotiating with the understanding that
their development could not go in until the sewer has been extended
to the location. He said Mr. Bowen and Mr. Yurich would comply with all
City Regulations.
Five ,people appeared in opposition to the petition. Mr. Al Hughes had
to leave the meeting at 5;15 P.M. which would leave the Board without a
quorum. Roy Clinton informed the petitioners and the people opposing that
the public hearing on Petition R72-17 would be continued on the next agenda.
Also Petition R72-18 add Petition R72-19 would be considered on the next
agenda on May 16, 1972.
A reconsideration of decision on an appeal filed by KOTO-TV from
the April 18, 1972 meeting to relocate their microwave tower on top of
the building they now occupy had to be considered before Al Hughes left
Roy Clinton read a letter from Paul Milam of KGTC-TV which stated
that they did not feel that Mr. Rip Lindsey's suggestion of putting the
tower on top of the City Administration Building was feasible. If
something were to go wrong with the tower, their equipment would not
be within ready access. They would have the same problem as they now
have. Danny Newmann was present in behalf of KGTO-TV. A certified
plan by a licensed engineer that the tower would be anchored safely
was presented to the Board Members,
KGTO-TV
Request to reloc-
ate Microwave
Tower
Mrs. Faye Ramsey was the spokesman for the group opposing the petition.
She stated that the tower would be a danger to the people nearby because
of its height and because it would attract lightning or could fall on
nearby houses. Al Hughes pointed out that the tower drawing lightning
to it wotld make it safer for thesurrounding houses. Danny Newman
stated that the tower would be about 60 feet above the top of the
building and that it would weigh 1,000 podnds. Al Donaubauer moved
to approve the request. Donald Nickell seconded the motion. The
vote was taken and the motion carried unanimously.
The meeting had to be adjourned at this time because of a lack
of a quorum after Al Hughes departure.
The meeting adjourned at 5:15 P.M.
10
RESOLUTION PC 72-14
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 after a notice was published in the Northwest Arkansas
Times, a newspaper of general circulation; and
WHEREAS, after the hearing the Planning Commission voted on May 2,
1972, to make a recommendation to the Board of Directors on the Petition
R72-13, James E. Lindsey, for rezoning.
NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION
TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS.
SECTION 1. That an ordinance be adopted for the purpose of re-
zoning from R-3 (High Density Residential) District to (C-1 (Neighbor-
hood Commercial) District, said real estate.
LEGAL DESCRIPTION:
Beginning at the Northwest Corner of the Northeast Quarter of
the Southwest Quarter in Section Nine (9), Townsihip Sixteen (16)
,• North, Range Thirty (30) West, and running thence East 259.589
feet, thence South 170261 East 209.627 feet, thence West 323.381
feet, thence North 000171 East 200.00 feet to the point of begin-
ning and containing 1.338 acres, more or less, alCl in the City
of Fayetteville, Washington County, Arkansas and subject to
street easements along the North and West sides thereof.
PASSED AND APPROVED this second day of May 197..
APPROVED:
ROY CLINTON, CHAIMN
.0