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HomeMy WebLinkAbout1972-08-01 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, August 1. 1972, in the Directors Room, City Administration Buildingo Fayetteville, Arkansas, Members Present: Albert Witte, Donald Nickell, John Maguire, Dr. Walter Brown, Al Hughes, Helen Edmiston, Members Absent: Roy Clinton, Ernest Jacks, Morton Gitelman. Others Present: Rev. Ed Salmon, Patricia Carlson, Larry Wood, Frank E0 Ashby, Walter Niblock, Kenneth Adams, WiLliam Thurman, Billy Joe Bartholomew, A. M. Zinn, John Thrasher, Lamar Sharp, Walter Lawson, Russell Purdy, Don Thronesbery, George Kinter, Ronald Woodruff, City Manager Donald Grimes, Bill Threldkeld. In the absence of both the Chairman and the Vice -Chairman, Dr. Walter Brown presided over.the meeting, Dr. Brown called for the continuation of the public hearing on a proposed amendment to the zoning ordinance that would remove the Public Hearing duplex classification from the R-1. Low Density Residential Zoning on Duplexes in R�l District. Rev. Ed Salmon requested that the Planning Commission not shuffle the matter around but take some action to protect the R-1 areas so that the decision regarding duplexes was not left to the one benefiting from it. John Maguire moved that the Planning Commission recommend to the Board of Directors that Ordinance 1747 be amended so that duplexes would become a conditional use in the R-1 districts to be permitted by appeal to the Planning Commission only, Al Witte seconded the motion. After a discussion, the vote was taken. Witte, Nickell. and Maguire voted "Aye"i Brown, Hughes, and Edmiston voted "Nay.11 Al Hughes said he voted against the motion because it did not contain a requirement for notification of adjoining property owners 6r for advertising. Mr. Hughes moved that the Planning Commission recommend to the Board of Directors that Ordinance 1747 be amended so that duplexes would become a conditional use in the R-1 districts to be permitted by appeal to the Planning Commission only and that in the process the adjoining property owners be notified, John Maguire seconded the motion. Witte, Nickell, Maguire, and Hughes voted "Aye"; Brown and Edmiston voted "Nay." The motion was approved. The minutes of the July 18, 1972 Planning Commission meeting were approved MINUTES as mailed. APPROVED The next matter considered by the Commission was the proposed Preliminary Plat of Strawberry Hill. a proposed subdivision on the North side of Old Wire Road. Helen Edmiston reviewed the recommendations of the Plat STRAWBERRY HILL Review Committee and the Subdivision Committee.� Ervan Wimberly with Preliminary Plat McClelland Engineers said it would require a 30 ft. deep cut to provide sewer service to about 6 of the lots in Block 1. To meet the required ratio of width to depth, this would be too excessive a cut. McClelland Engineers has run percolation tests on the lots and they will take septic tanks. He said that from an engineering standpoint, there would be 8-1-72 -2~ no disadvantage to having septic tanks on these lots. There was also a discussion on whether the subdividers would be able to obtain a dedication for and would be able to improve the street entering the subdivision on the West side. This has not been resolved yet. Al Hughes moved that the preliminary plat be approved on condition the unresolved portions of it be resolved prior to submission of the final plat; the unresolved points being whether to require sewer service on the 5 or so lots in questioni,,and the dedication and improvement of the street on the West side, John Maguire seconded the motion, After further discussion, Hughes and Maguire voted "Aye,,; Witte, Nickell. and Brown voted "Nay"; and Edmiston abstained. Mr. Witte and Mr. Nickell both stated they wanted to know more about,the problem of septic tanks and Mr. Nickell requested the City Engineer's opinion on the result of Mr. Wimberly's study* Dr. Brown wanted more information on the street on the West. Larry Wood suggested they might leave the lots which cannot be serviced by sewer off the plat until they are servicable. Donald Nickell moved that the proposed preliminary plat of Strawberry Hill be tabled for further study; John Maguire seconded the motion; Witte, Nickell, Maguire, Brown, and Hughes voted "Aye." and Edmiston abetiin6dyo"�) The next matter considered was the petition of Patricia W. Carlson to�close an alley in Goff Addition. Mrs. Carlson and J. F. Palmer, another adjoining property owner, discussed the petition with the Planning Commission. PATRICIA CARLSON Mr. Palmer said he had been led to believe it was already closed. Both Alley Closing spoke in favor of the petition. Bobbie Jones read the letters received from the utility companies in which they agreed to the closing of the alley. The City Water and Sewer Department and Southwestern Electric Power Company both requested easements. John Maguire moved that the Planning Commission recommend to the Board of Directors that the alley be closed subject to the easements requested by the power company and Paul Mattke, City Engineer, Al Hughes seconded the motion and it was approved unanimously. The Conditional Use Request of Frank E. Ashby to use property adjacent FRANK E. to 2260 South School Avenue for a plant nursery was heard. Mr. Ashby was ASHBY present and stated he wanted to put in a branch nursery on a vacant lot. Conditional Use This would be a cash and carry nursery with plants placed on the lot in containers, The property is zoned R-1. Helen Edmiston moved that the conditional use request be granted; Al Hughes seconded the motion; and it was approved unanimously. The request of Kenneth Adams and Frank Kelley to change a non -conforming ADAMS -KELLEY use of the property at 504 East 15th Street from a restaurant to a used 504 Eo 15th car lot was heard. Attorney Walter Niblock and Kenneth Adams represented Change non - the request, Mr. Niblock said the property has formerly been actively used conforming by Mr. Kelley's daughter as a restaurant and recently has had the restaurant use equipment stored there. He said that the terms of the lease would cancel the lease should Mr. Adams place junk cars on it. After a discussion, Donald Nickell moved that the Planning Commission permit the change in non- conforming use. Helen Edmiston seconded the motion with the comment that she did not think the property suitable for resi4ential use. Dr. Brown said he objected to the change because they have'had two proposals for rezoning turned down and have tried to encourage residential use there. Nickell, Maguire, Hughes, and Edmiston voted "Aye," Witte and Brown voted "Nay." The request was approved. 0 Ll 8-1-72 -3- A letter from Walter Niblock, Attorney for Lester Bale, requesting that the Commission bring off table the rezoning petition of Lester Bale LESTER BALE tabled September 16, 1969, was considered next. Mr. Niblock was present Bring petition and stated that the request was only that the matter be brought off table off table at this meeting and be scheduled for consideration at a subsequent meeting. Helen Edmiston moved that the rezoning petition of Lester Bale be removed from the table and be scheduled for consideration at a later meeting. Al Hughes seconded the motion. The motion passed unanimously. The public hearing on Rezoning Petition R72-29, H. W. Ebbrecht, for property located on the East side of Willow Avenue between Huntsville Road and Sixth Street, and to rezone from R;2, Medium Density Residential PETITION R72-29 District, to C-2, Thoroughfare Commercial District, was opened by the H* W. Ebbrecht Chairman. Larry Wood presented the Planning Report. Attorney Walter Willow Ave, Niblock represented Mr. Ebbrecht and requested the petition be tabled as there was some question with the petitioner as to whether the rezoning would be necessary, Al Witte moved that Rezoning Petition R72-29, H. W. Ebbrecht, be tabled. Helen Edmiston seconded the motion. The motion passed unanimously to table the petition, TtI3 naxt, ma- tt The next­ia-tter considered was Rezoning Petition R72�24, Billy Joe Bartholomew, for property located on the East side of Goverment Avenue, North of Eleventh Street, and West of School Avenue, and to rezone from PETIT10N R72-24 I-1. Heavy Commercial & Light Industrial District, R-2, Medium Denbkty Bartholomew Residential District, and C�2, Thoroughfare Commercial District, to I�2,'Wash.Co.Sale General Industrial District, tabled July 18, 1972. Attorney William Thurman was present and said the petitioner was willing to accept rezoning for only a limited period of time to enable them to put concrete floors in the old portion of the sale barn and also to dirt fill and raise the roof. A. M. Zinn objected to rezoning of the entire property which enable them to construct any new buildings, but did not oppose any action which would enable them to make the improvements they outlined for the existing building. He said that the government owns an 18.ft. strip East of the National Cemetery. John Thrasher could not see the necessity for rezoning to put in concrete floors and raise the roof on an existing building, Bill Threlkeld said that the American Legion had gone on record at a state convention as strongly opposing any enlargement of the sale barn adjacent to the National Cemetery, He requested the City honor this national shrine. Lamar Sharp spoke in opposition to the sale barn so near the National Cemetery. Walter Lawson, head of Farm Service Coop, said the sale barn provides a good service for the farmers and asked that it be continued. Donald Nickell moved that the Planning Commission approve the rezoning of the land the sale barn building is actually sitting on for a period of one year. Russell Purdy said that many people consider,thishatjUetleast a nuisance and that if they don't expand but just raise the roof and concrete it, it will be alright. He said that if this is done, the City is insuring its perpetuation. Mr. Bartholomew was asked if he planned to pave the parking area. He said he had not considered doing so, but if it became a problem he could. Helen Edmiston seconded the motion made by Mr. Nickell. Dr. Brown stated he was opposed to the rezoning because he thought the ideal situation would be to move this operation into another area, The vote was taken, Witte, Nickell, Hughes, and Edmiston voted "Aye"; Brown voted "Nay". and Maguire abstained because he owns property in the area, but said that if the barn is going to stay there he thought the parking area should be properly drained and blicktopped. I 8-1-72 -4- The next matter considered was Rezoning Petition R72-27, Wildcat Development Corporation, for property located on the West side of Highway 71 South and South of Sunrise Mountain Road, and to rezone from A-1. Agricultural PETITION R72-27 District, I-1, Heavy Commercial & Light Industrial District, & C-2, WILDCAT DEV. CORP. Thoroughfare Commercial District, to C-2, Thoroughfare Commercial Highway 71 So District on the entire parcel of property, tabled July 18, 1972. Dod, Thronesbery was present. He said he had contacted the Arkansas Highway Department regarding their plans for the section of highway, but got no solution on his driveway plans. He said he was willing to accept C-2 on the front half of the property only, to a depth of 400 or 500 ft. and was willing to accept I-1 on the West portion of the property. Larry Wood was consulted on this proposal. He said his basic objection had been to 171 acres of commercially zoned land that would yield one kind of traffic as opposed to 171 acres of industrially zoned land with another kind of traffic. He said he could see the front portion of the property being used for C-2 purposes, but he was still bothered by the problem of access into and out of the property, He asked Mr. Thronesbery if he would be willing to construct a service type road from Sunrise Mountain Road down to the South side of his property at Dennis Home Furnishings. Mr. Thronesbery agreed he was going to have to put something in there, Al Witte left at 6:05 P.M. Helen Edmiston moved that the Planning Commission recommend to the Board of Directors that the R eezoning Petition R72-27, Wildcat Development Corporation, be amended to include only the portion within a 500 ft. depth of Highway 71 and that the petition be approved, Donald Nickell seconded the motion. It was approved unanimously, The ' next matter scheduled for consideration was an appeal by George Kinter from the requirements of the Subdivision Regulations for property South GEORGE KINTER of Highway 45 East and outside the City, Mr. Kinter was present. After Appeal from a brief explanation of what was proposed, John Maguire moved that the Subd. ReQs. matter be referred back to the Subdivision Committee for study and recommendations to the Planning Commission. It was so orderedrbvhthihaiiti-.�-- Chairman. I Mrs. J. C. Crider, Yellow Cab Company, appealed to the Planning Commission to change the non�conforming use of the property at 130 North West Avenue. Ronald Woodruff, Attorney, represented Mrs. Crider. He presented a drawing of the property and its proposed use and also a letter from David Faught MRS.J.C.CRIDER to the effect that Urban Renewal approved of the proposed use. Al Hughes Yellow Cab said that cabs were so parked the other day as to obstruct access to the Change non - loading ramp for the building to the South and also to prevent access to conforming use an apartment house to the Southeast. He wanted some assurance that these two accesses would not be obstructed in the future. Larry Wood was asked to comment and said he felt the proposed use was a lesser and more desirable use than the previous use. Donald Nickell moved that the request be granted; John Maguire seconded the motion. It was approved unanimously, The Commission considered the large scale development plan submitted by R & P Electroplating for property in the Industrial Park. City Manager Donald Grimes said the City has no plans to up grade the gravel road leading into the site, R & P has agreed to furnish him a letter stating they are satisfied with it in its present condition. Al Hughes moved that the plan be approved. John Maguire seconded the motion with the R & P ELECTROPLATING L.S.Development Industrial Park 8-1-72 .5 - additional comment that the Planning Office is having some problems on this property which will need to be taken care of,l) Mr. Grimes said there will be something else on the Industrial Park in the near future to eliminate these problems. The plan was approved unanimously, The meeting was adjourned at 6:20 P.M. and the Chairman ordered the remaining items on the agenda to be continued until the next meeting, As the Chairman adjourned the meeting, Ronald Woodruff, Attorney for CY CARNEY, JR. Cy Carney, Jr., rose and stated that at this time he wished to put the propert�,�authorities on notice to exercibeatheir one year option to condemn and buy that property on the East side of the St. Louis & San Francisco Railroad if in""fact'-�\the� intend to use it as a future street. USOLUTION pc o�3 WHEREAS, a public hearing was held by the Planning Commission on Tuesday, July 18, 1972, fifteen (15) days after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, following the public hearing the Planning Commission voted on Tuesday, August 1, 1972, to make a recommendation to the Board of Directors on a proposed ordinance to remove the duplex calssification from the R-1) Low Density Residential Zoning District. I NOF,13THEREFORE, 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 ar nding Ordinance 1747 so that duplexes would become a conditional use in the R-1 districts to be permitted by appeal to the Planning Commission only and that in the process the adjoining property owners be notified. PASSED AND APPROVED this . lst day of August .1 19720 APPROVED: DR. WALTER BROViN. ACTING CHAIR14AN 0 11ESOLUTION PC 10 WHEREAS, the petition of Patricia W. Carlson for vacating and abandoning a portion of an alley in Goff Addition and lying between Dogwood Lane and Missouri Way was submitted to the Planning Commission for recommendation; and WHEREAS, at its meeting on Tuesday, August 1, 1972 the Planning Commission voted to make a recommendation to the Board of Directors on said petition, NOW, THEREFORE BE IT R2COMMENDED BY THE PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSASO SECTION 1. That the Board of Directors enact an ordinance for the purpose of vacating and abandoning the following described alley; A twenty foot alley traversing the rear of Lot Four (4) and lying between Lots Five (5) and Six (6). Block Two (2), of the Goff Addition to the City of Fayetteville, Arkansas, as per Plat No. 393, of said Addition, on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. SECTION 2. That this recommendation is subject to the petitioner granting easements as requested by Paul Mattke, City Engineer, and Southwestern Electric Power Company. PASSED AND APPROVED this let day of August 1972* APPROVED: DR* WALTER BROWN, ACTING CHAIR1,1AN 10 RESOLUTION PC -74 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, 19720 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 on Tuesday, August 1, 1972, to make recommendations to the Board of Directors on the following rezoning petitions, NOW, THEREFORE, EE 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 rezoning the portion of property contained in Rezoning Petition No. R72-241 Billy Joe Bartholomew, on which the sale barn building is actually sitting for a period of one year. PETITION NO. R72-24: The petition of Billy Joe Bartholomew for property located East of Government Avenue, North of Eleventh Street and West of School Avenue,,Part of the NE14 of the NW4 and part of the NW� of the NE4 of Section 21 in T�16�N. R-30-4, described as follows, to. wit: Beginning at a point which is 414 feet South of the quarter section corner between Sections 16 and 21, and running, thence East 18 feet to a point 200 feet East of the East line of Goverment Avenue; thence North to the South line of the former right-of-way of the K. C. & M. Railroad, at a point 220 feet South of the North line of said Section 21; thence S 80* E with the South line of said railroad right-of-way, to a point which is North of a point 16 feet East of the NW corner of Block 16, Ferguson's Addition, thence South to a point 16 feet East of the SW corner of Block 16, thence East with the South line of Block 16 to the West line of School Street, thence South 55 feet to the NE corner of Block 17, thence West with the North line of Block 17, 284 feet, thence South to the South line of Lot 16, Block 17; thence East 32 feet; thence South to the South line of the NVII, of the NE14 of Section 21; thence West to the East line of National Cemetery; thence North 441.18 feet; thence West to the East line of Government Avenue; thence North L.,64.82 feet; thence East 182 feet to the point of beginning, From 1-1, Heavy Commercial & Light Industrial, R-2, Mediun Density Residential, & C-2, Thoroughfare Commercial District, to 1-2. General Industrial District, SECTION 2. That at the end of one year, the Planning Administrator is hereby authorized and ordered to take the necessary steps to hold a public hearing before the Planning Commission for the purpose of rezoning said property back to its present zoning, 0 SECTION 3. That an ordinance be adopted for the purpose of rezoning the portion of property with a depth of 500 ft. on the East side of Highway 71 South contained in Rezoning Petition No. R72-27, Wildcat Development Corporation. PETITION NO, R72-27: The petition of Wildcat Development Corporation for property located on the West side of Highway 71 South and South of Sunrise Mountain Road, described as: Part of the S414 of the NW4 of Section 33, T -16-N, R�3O�W of the 5th P.M., and being more partic. ularly described as follows, to -wit* Beginning at a point 46 ft. East and 40 feet South of the NW corner of said 40 acre tract; thence N880 481E, 1170 feet; thence S060301E. 251 feet; thence S050301E, 448 feet; thence West 1100 feet; thence N120W, 672 feet to the point of beginning. From A-1, Agricultural District, I-1. Heavy Commercial & Light Industrial District, & G-2, Thoroughfare Commercial District, to C-2, Thoroughfare Commercial District'on the entire parcel of property above described. PASSED AND APPROVED this . let day of August , 1972* APPROVED: 0 DR. WALTER BROWN, ACTING CHAIR—MAN