Loading...
HomeMy WebLinkAbout1972-07-18 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 3:30 P.M., Tuesday, July 18, 1972, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Roy Clinton, Helen Edmiston, Al Hughes, Albert Witte, Donald Nickell, Dr. Walter Brown. Members Absent: John Maguire, Ernest Jacks, Morton Gitelman. Others Present: Larry Wood, City Manager Donald Grimes, Pete Young, Virgil Webb, Ardean Fallwell, Ken Lance, Mrs. Gladys Knowles, Norman Young, Billy Joe Bartholomew, William Thurman, Loyd Winscott, John Thrasher, A. M. Zinn, Patricia Carlson, A. Reed, Lynn Wade, Janet Waldrip, Maadib_Smith, Don Thronesberry, Jean Pryor, Hugh Kincaid, Mike Watson, Sam Robinson, Jr., Joel McSpadden, Kern Jackson, Susanne Lighton, Rev. Ed. Salmon, Joe Brennan, Howard Vetter, Bob Reed, Emily Tompkins, H. L. Remmsl, Clyde Sells, Mr. Stevenson, J. F. Palmer, Jim White, Othelia Paul, Jerry Sweetser, Morris Collier. Chairman Roy Clinton called the meeting to order. The minutes of the June 20 and June 27 Planning Commission meetings were approved as mailed. The public hearing on Rezoning Petition R72-21, Virgil Webb, for property located at 1905 South School Avenue and to rezone from C4, Thorough- fare Commercial District, to R-2, Medium Density Residential District, was opened by the Planning Commission. Larry Wood presented the Planning Report. Virgil Webb was present to represent the petition. He stated he wanted to add 5 ft. to his dining room but that his dwelling 1s non -conforming and cannot be expanded. There were no objections from the audience. After discussing the petition with Mr. Webb, Albert Witte moved that the petition be approved with the hope that the record would show that the action was done to accomodate an unusual situation. Donald Nickell seconded the motion. PETITION R72 -21'I VIRGIL WEBB- 1905 S: School Before the vote was taken, City Manager Donald Grimes asked the Commission if the property could be rezoned for a period of 6 months to enable Mr. Webb to get his work done, then revert it back to the present zoning. No one objected to this being done. The vote was taken on Mr. Witte's motion for approval and the motion passed unanimously. Roy Clinton instructed the Planning Administrator to place the rezoning of this property back to C-2 on the Planning Commission agenda 6 months hence. The next item of business was the public hearing on Rezoning Petition R72-22, Ardean Fallwell, for property located at 2058 South Garland Avenue, and to rezone from I-1, Heavy Commercial & Light Industrial District, to R-1, Low Density Residential District. Larry Wood presented the Planning Report. Ardean Fallwell was present and stated he wanted to have the property ; rezoned so he could get a building permit. He said the people on Garland would all like to have it changed from industrial to residential. PETITION R72-22 ARDEAN FALIWELL 2058 S. Garland 7-18-72 -2- Al Witte moved that the petition be approved and that the Planning Administrator place on the agenda for 6 months hence to rezone back to its present zoning. Helen Edmiston seconded the motion and it passed unanimously. Chairman Roy Clinton asked Mr. Fallwell to check with his neighbors to see the sentiment to zone that area residential was strong enough to have them furnish the Planning Commission with some definite geographic boundaries to work with. The next matter on the agenda was the public hearing on Rezoning Petition R72-23, Kenneth W. Lance and Leon Edens, for property located at 1001 PETITION R72-23 Holly Street, and to rezone from R-2, Medium Density Residential KENNETH W. LANCE District, to R-3, High Density Residential District. & LEON EDENS' Larry Wood presented the Planning Report. 1001 Holly St. Kenneth Lance was present to represent the petition. He stated he desired the zoning change to enable him to construct a total of 12 units on the property; there are 8 units under construction at this time. He did not agree with the Planning Report on several points. He said he knew of no well-planned project for any part of existing R-3 zoning. Al Witte asked him about the reference to overtaxing the utility services. He said he did not understand how it meant. Larry Wood said that the number of units that could be built in that area under the present zoning far exceeds what the water and sewer can handle without extensive improvement on water and sewer facilities. Mrs. Gladys Knowles, Norman Young, and Mrs. Young opposed the zoning change because it would increase the traffic, noise, etc. and they wanted the neighborhood to remain quiet. Mr. Lance said he thought it was a step in the right direction to locate the apartments near the shopping center. He said there has been some deviation throughout this R4 area where there has been property iezoned to R=3. He said he has made provision for and has complied with all the parking requirements of the City in order to get the automobiles off the street. The public hearing was closed. Chairman Roy Clinton opened the public hearing on Rezoning Petition R72-24, Billy Joe Bartholomew, for property located East of Government PETITION R72-24 Avenue, North of Eleventh Street, and West of School Avenue, and to B.J.BARTHOLOMEW rezone from I-1, Heavy Commercial & Light Industrial, R-2, Medium Density (Wash. County Residential, & C-2, Thoroughfare Commercial Districts, to I4, General Sale Barn) Industrial District. Larry Wood presented the Planning Report, Billy Joe Bartholomew and his attorney, William A. Thurman were present to represent the petition. Mr. Thurman said his clients want to do some work on the sale barn to make it a cleaner, more efficient operation. They wish to pour concrete floors in the existing barn and raise the roof; but cannot get a building permit because the use is non -conforming and the proposed improvements would increase the cubic content. A number of persons opposed the zoning change. Loyd Winacotttopposed the rezoning on behalf of the American Legion. At a State convention they had taken action protesting the addition to uses such as this in a close proximity to the National Cemetery. He protested from a health standpoint, because it is a nuisance, because of the odor and also it is engulfing the cemetery which has been there since the 1800'x. John Thrasher, the district chaplain for American Legion also opposed the petition. He said he has to conduct funerals there in the National Cemetery and on certain days it is almost impossible because of noise, flies, and odor. 7-18=-72 -3- A. M. Zinn said he lives across the street from the National Cemetery and is against any expansion of the sale barn because of odors, flies, mud, etc., and is against this type of facility being there. Mr. A. Reed, 1324 Dunn, said he represented 25 residents in the area that are protesting the rezoning for the reasons already given. Dunn Avenue is a gravel street and carries a large amount of traffic to the sale barn. He said the odor and mud are unbearable. One lady said that trucks carry mud onto Government Avenue, a paved street, then it dries and becomes very dusty. Another lady said a hog died there one time and it took them 2 days to remove it. Mr. Thurman said he thought the concrete floors and better ventilation would improve the problems. He said they were willing to leave the portion fronting on Government Avenue R-2. Mr. Zinn said that if the property is rezoned they can expand the entire operation in the future. He asked specifically what they planned to do. Bobbie Jones, Planning Administrator, asked Mr. Thurman why the 50 fte right-of-way for Ninth Street was included in the legal description. He said he did not know why. Dr. Walter Brown asked if the property owner had any plans to pave the streets. Donald Nickell asked how much the recent improvements cost. Mr. Bartholomew said $100,000.00. Al Witte asked if they were answering the representatives of the American Legion when they said they did not care about the Government Avenue strip. Mr. Thurman said the sale barn has been there since 1935. Many of the people purchased their property at a price that took into consideration the location of the sale barn. Chairman Clinton said that since the land comprises well over an acre, a large scale development plan would have to be brought forth prior to • any building permit. Al Hughes asked if the petitioner would accept rezoning on only that portion lying South of Ninth Street, Mr. Zinn said there is a lot directly in front of his house and sometimes they have 300 to 400 hogs and 100 head of cattle in there. Mr. Thurman said they would accept rezoning on the area between Ninth Street and Eleventh Street. The public hearing was closed. The public hearing on Rezoning Petition R72-25, J. R. Boston, for PETITION R7245 property located North of Fairview Memorial Cemetery, and to rezone J. R. BOSTON from R-1, Low Density Residential District, to R-0, Residential Office N.of Fairview Cam. District was opened. Larry Wood presented the Planning Report. Attorney Lynn Wade represented the petition. Mr. Wade said there are presently very few connecting streets between Old Wire Road and Highway 45. Eventually there will have to be connecting streets. The developer is trying to establish a buffer; they assume R-0 to be the least objectionable, but Mr. Wade was authorised to accept R4 if the Planning Commission is not agreeable to R -O. It would be difficult to develop this tract into single family residences. There is a sewer line which cuts through the property. The developer hopes to make a playground or city park tract available. Janet Waldrip, 1960 Winwood Drive, stated she was representing the neighbors on Winwood and that they do not want anything in that area except single family homes ---no offices, no duplexes, etc. Donald Nickell asked if there was not more room East of the lake for the cemetery to expand. Mr. Wade said there might be. Chairman Clinton said he felt no action could be taken to rezone to R-2 without a postponement and re -notification. The public hearing was closed. 7-18-72 -4- The public hearing on Rezoning Petition R72-26, Bill & Maudie Smith, PETITION R72-26 for property located at 1824 South Garland Avenue, and to rezone from BILL & MAUDIE SMITH I-1, Heavy Commercial & Light Industrial District, to R-1, Low Density, 1824 S. Garland Residential District, was opened. Larry Wood presented the Planning Report which was a duplicate of the one prepared on the Ardean Fallwell rezoning, Maudie Smith was present and said they wanted to enlarge their porch. Helen Edmiston moved that the petition be approved for rezoning at this time and that the Planning Administrator be instructed to initiate rezoning back to the present zoning at the end of 6 months. Al Witte seconded the motion; it was approved unanimously, The public hearing on Rezoning Petition R72-27, Wildcat Development PETITION R72-27 Corporation, for property located on the West side of Highway 71 South WILDCAT DEVELOP. and South of Sunrise Mountain Road, and to rezone from, -A71, Heavy MENS CORP, Commercial & Light Industrial District, A-1, Agricultural District, Hwy, 71 South and C-2, Thoroughfare Commercial District, to C-2, Thoroughfare Commercial District on the entire parcel of property, was opened. Larry Wood presented the Planning Report. Don Thronesberry was present to represent the petition. He said he proposes a steak house in the old barn for the immediate future, He and Chairman Clinton discussed the Planning Report recommendations about the size of the property requested for rezoning and about the grade problem entering the highway, iMr, Clinton asked if he had con- tacted the Arkansas Highway Department. He had not. Dr. WaIVer Brown asked why he had not requested I-1. Mr. Thronesberry did not think he could get a restaurant in I-1. Bobbie Jones, Planning Administrator, said one could be put in I-1 if there was no dancing or entertainment, Mr. Thronesberry said it was not necessary to rezone the West portion of the property. He wants enough rezoned to get sufficient land for the structure and parking and the access into the highway and also might want a motel in in the future, Jean Pryor, area property owner, did not voice any objections but wanted to know how the rezoning could affect her property, Chairman Clinton did not think the property could be zoned I-1 without another public hearing, He did ask Mr. Thronesberry to contact the Arkansas Highway Department about the proposed road improvements, Al Witte moved to table the petition; Al Hughes seconded the motion, Dr. Brown noted that if the petition were to be denied, he could come back and request I-1. The vote was taken; Clinton, Edmiston, Hughes, Witte and Nickell voted "Aye"; Brown voted I'Nay.11 The petition was tabled, The Commission opened the public hearing on Rezoning Petition R72-28, Sam Robinson, Jr., for property located on the East side of College PETITION R72-28 Avenue between North Street and Baxter Street, and to rezone from SAM ROBINSON, JR. C-2, Thoroughfare Commercial District, and R-1, Low Density Residential College Ave, District, to R-0, Residential Office District, Larry Wood presented the Planning Report, Hugh R. Kincaid, Attorney, Mike Watson, and Sam Robinson, Jr., were present to represent the petition. A medical office building is proposed for the property, Joel McSpadden, 335 East Baxter, said he was pleased to see the change requested from C-2 to R-0. He had some questions about the height of the proposed building and expressed concern about traffic. He said most people who use Baxter tend to go over to Willow and turn down to Maple or Lafayette to enter College Avenue. He asked that the 10 7-18�72 .5 - Commission request the builders to consider the traffic problem and try to come up with some solution to relieve traffic on Baxter Lane such as entrances only on Baxter Lane with exits on North Street, Kern Jackson, 235 East Baxter, said Baxter is a very narrow street with deep ditches. The intersection of College Avenue and Baxter Street is practically a blind corner. If someone is waiting to turn onto College and you want to turn onto Baxter you cannot do it unless they back up. Mr. Kincaid said the Plat Review Committee had tried to iron out problems of this sort. As a result of discussions with them, the developer has agreed to dedicate 18 ft. along the North boundary of the property to widen North Street and dedicate 10 to 11 ft. to widen College Avenue. He thought most people would want to get to College by going through the property and out on North Street. Also, the developer has agreed to dedicate a 5 ft. easement to widen Baxter. Helen Edmiston asked how far down North Street the entrance was from College Avenue. Mr. Kincaid said it is 195 ft. On College Avenue, the present right-of�way is the retaining wall. They are coming back of that 3.1 ft. for increased right-of~way. The retaining wall will come out in the widening process and that win help visibility and access Mr. Kincaid said. Roy Clinton proposed making the East entrance on Baxter Avenue entrance only and the one on the West for exit. Dr. Brown asked if there were any plans to improve the North side of Baxter into this property. Mr. Watson and Mr. Robinson indicated they hoped to at least curb it, but could not definitely say it would be done. The public hearing was closed. Dr. Walter Brown moved that Petition R72-23, Kenneth W. Lance and Leon PETITION R72-23 Edens, be denied on the grounds that the Commission set a pattern of Lance - Edens not going heavier than R-2 hereafter. Al Witte seconded the motion. Mr. Witte asked if the Commission was to take seriously the overtaxing of facilities. The vote was taken; Edmiston, Hughes, Witte, Nickell, and Brown voted "Aye." Roy Clinton voted "Nay." The petition was denied, Dr. Walter Brown moved that Petition R72-24, Billy Joe Bartholomew, PETITION R72�24 be tabled. Helen Edmiston seconded. The motion passed unanimously. Bartholomew Chairman Clinton remindddtthe Commission that the petitioner on Petition R72-25, J. R. Boston, was willing to accept R�2, but that PETITION R72.25 he did not feel they -could act on afi� R-2 request without re-advdrtising, Boston Dr. Walter Brown moved that the petition be denied. Donald Nickell seconded. The motion passed unanimously. Dr. Walter Brown moved to approve Petition R72-28, Sam Robinson, Jr. Al Witte seconded. The Commission discussed the possibility of restricting the drives onto Baxter. Dr. Brown said he was willing to amend his 4 PETITION R72-28 motion; Al Witte said he did not wish to amend his second. The motion Robinson as originally stated was approved unanimously. At this time Chairman Clinton opened the public hearing on a proposed ordinance to amend Zoning Ordinance 1747. The purpose of the proposed ordinance was to remove the duplex classification from the R-1, Low Density Residential Zoning District. Chairman Clinton told the audience and Commission members that he saw three possible alternatives: (1) Leave the ordinance as it now is; (2) Create a separate district for PUBLIC HEARING ON DUPLEXES 7-18-72 duplexes; and (3) Make duplexes a conditional use in the R-1 and require Planning Commission approval of each one. Alternative No. 2 would require rezoning petitions to change from R-1 to a duplex zoning. Alternative No. 3 would require they petition the Planning Commission for approval as churches and schools now do. Chairman Clinton invited comments from the audience, Rev. Ed Salmon asked that the legal structure not leave the people dependent upon the benevolence of the builders to set the standards, Joe Brennan did not like the present regulations. Chairman Clinton asked for a show of hands on whether the regulations should be changed. The majority of the audience favored a change. Mr. Clinton advised them that one of the reasons this plan was put into effect was because it was suggested by the planner. Howard Vetter requested duplexes be taken out of the R�l zoning district, Patty Carlson said that throughout the-world,R-1 means single family dwellings, She acknowledged that in some areas . the neighbors might welcome duplexes but thought that where the vast majority of the citizens want to keep it R-1 they should be able to look to the Planning Commission to regulate it. She suggested each instance be thoroughly looked at and let it stand on its own merits, Larry Wood said he was not the planner who had originally recommended the present regulations, He did not recommend adopting a policy that would enable a duplex to be built in a single family area where only one lot was vacant. He recommended that the Commission adopt one of the thres alternatives already mentioned and make duplexes a matter for review by the Planning Commission and let the Commission establish a series of policies where they will be permitted. He did not think they s&o-uld3)ijv--ey to 9'0* through a public hearing and the expense of rezoning, Bob Reed felt that if the actions of a contractor would affect the value of the property of 50 of his neighbors he should be heard and the rest of the people should have a chance to see what he proposes, Suzanne Lighton said that there are a lot of single family homes over town that are nothing to be proud of; but that although they have used the argument that a lot of widows want duplexes, most of the duplexes in town are nothing but rental property. H. L. Remmel and Emily Tompkins spoke in favor of a change in the regulations. Clyde Sells reminded the Commission of his efforts to replat a portion of Meadowlark Subdivision, The replat had been turned down by both the Commission and the City Board of Directors and a suit had been filed against the Planning Commission members on it, He said he had an opportunity to sell the property but if duplexes are removed from R�l this might jeopardize the sale, A Mr. Stevenson asked that the Commission, establish guidelines if they go to alternative No. 3 and also that any members of the "board" with personal interests disqualify themselves from voting. J. F. Palmer spoke in favor of a change to protect R-1. Jim White and Othelia. Paul were in favor of tighter regulations on duplexes. City Manager Donald Grimes said the present R-1 designation is missleading to citizens and suggested an R-lS for single family homes and R-lD for duplexes, Mr. Clinton said he did not believe the Commission members would be willing to themselves pinpoint areas that should be for duplexes. Property subject to development for duplexes could be requested for R-lD; otherwise, they would have to rely on rezoning petitions. Morris Collier asked what the old minimum lot Sizes for duplexes were and whether any variances for lot area have been granted under the present regulations. Mr. Clinton could recall one, The meeting was adjourned at 6:30 P.M. with all uncompleted business to be continued to August 1. 0 RESOLUTION PC 72- Z/ WHEREAS2 a public hearing was hold by the Planning Commission, July 18o 1972, fifteen (15) days after a sign was erected upon the and after a notice was published in the Northwest Arkansas Times, a of general circulationo and 0 WHEREAS, after the hearing the Planning Commission voted to make a rec ndation to the Board of Directors on the rezoning petition of Sam Robinson, Jr.j Rezoning Petition R72-28. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSASo SECTION 1. That an ordinance be adopted for the purpose of rezoning from C�2, Thoroughfare Commercial District, and R�l, Low Density Residential District, to R�O, Residential Office Distrietpsaid real estate, LEGAL DESCRIPTION* Lots 2. 39 4, and 5. Block 3 of Davidsonts Second Addition, an addition to the City of Fayetteville, Arkansas, as per plat of said addition on file in the office of the Circuit Clerk and ExwOfficio Recorder of Washington County, Arkansas. PASSED AND APPROVED this � l8th day of July v 1972o ROY CLINTON, CHAIRMAN RESOLUTION PC 72. -,2A 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, July 18, 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, THEREFOREE0 BE IT RECO12ENDED BY THE CITY PLANNING COMKISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLEp ARKANSAS* SECTION 1. That ordinances be adopted for the purpose of rezoning the following tracts of property as hereinafter indicated: PETITION NO, R72-21: The petition of Virgil -vilebbj for property located at 1905 South School, Part of the E7fil of the ME!- of Section 21 in T -16-N5 of R�30-�11, of the 4 y 5th P,14, described as beginning at a point on the West side of State Highway road which is 418-12 feet South along said West line of road from its intersection with the North line of said forty acre tract, and running thence South 65 feet; thence West 200 feet; thence North 65 feet; thence East 2CO feet to the place of beginning, except that part along the east side that lies in the road, containing two-tenths (0.2) acres more or less. Fron C-2, Thoroughfare Commercial) to R-2, Medixun Density Residential* PETITION NO.' R72�22: The petition of Ardean Fallwelly for property located at 2058 South Garland Street� Part of the Svil of the Sol�- of Section (21) in Town- ) 4 4 ship (16) North of Range (30 *,picst,described as follows, tO�-Tit: Beginning at a point 160 ft. North of the Southwest Corner of said forty acre tract3 and running thence East 200 feet, thence North 75 feet, thence West 200 ft, thence South 75 feet to point of begin - nin.u. Also a part of Si`�- of V'o'� of Section 21� T -16-N of .Range 30 1 .1 "a as follows, to -wit: Becrinring at a ,est more particularly diescribe point 100 feet North of 31�1 corner of said 40 acre tract running thence North 60 feet, thence East 200 feet, thence South 25 fect, thence'West 65 feet, thence South 35 feet, thence bo'est 1135 feet to the point of beginning.. From I-1. Heavy Commercial & Light Industri.q.1 District� to R-1, Residential District, PETITffIFe�)t1ji P�Ne()*, -r property located at 1824 South 1 7 - I - maudie Smith, fo. U6 , of Bill & Garland, Lots 20 and 21 in �aock 11 in Farksdale Addition, City or vwjetteville, Arkansas. From I-11 Ii.eavy Cormercial &- Light Industrial District, to 1-1� Low DenSitir Re�cidential District. .0 1 0 SECTION 2. That six (6) months from the date of rezoning the Planning Administrator is hereby instructed and authorized to prepare notice of and schedule a public hearing for the purpose of zoning the above described tracts of property as they were zoned before July 18, 1972. SECTION 3* That the petitions requesting the rezoning of the following tracts of property be denied: L. PETITICN� W10, R72 -?.L. The petition of Kenneth Lance and Leon Edens, for �roperty lcc�atcd of the Southwest cuarter of the North - at 1001 Holly St., Part Wert Quarter of Section 11ine (9) in Tci-�nship Sixteen (16) 11orth of Range Thirty (30) !�ifest, and being more particularly described as follows, to -wit: Ber � 5 V-1 , inn 4 �n eg 11,86 feet South and 400 feet. East of tile Northi-.-est Corner of said forty acre tract, and ram-iing thence East 106 feet, thence South 1500 feet, thence 'vq*est IC8 f0etp thence North 150 Residential feet to the point of beginning. From R-42� ifedium Density District5 to R-3, High Density Residential District* PETTTON 1:0* R72-25: -7,'F7e �pe i7lon' of Je R. Boston for property located North of Fairview Yemorial Cemetry, A part of the Mj4l- of the 5,`It of Section 2, Tcwn- .7 14. ship 16 North, Range 30 _�iest of the rif+�) 1�inciLal Merid;nn, 1 T 11 -tashingtcn County, ArVansas, Being more particularly described as follows: Beginning at a point which N189' 491W 415.2 feet of the SE corner of the N--141 of the of said Section; thence N89'49'*W' S8qO OIL 450*5 830.2 feet; thence WO' 32'W-279-7 feet; thence I feet; thence S78' WE 275*0 feet thence 5891 491E 112-5 feet; 11 thence South 227.2 feet to the Point of Bea--Lnnn9- From R-1, Low Density Residential, to R -O, Residential office District, PASSED AND APPROVED this 18th day of July 1972* APPROVED: ROY CLINTON, CHAIMM