Loading...
HomeMy WebLinkAbout1972-08-15 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Muuiing Commission met at 4:15 P.M. p Tuesday, August 15, 1972, in the Directors Room, City Administration Buildingp Fayetteville, Arkansas, Members Present: Roy Clinton, Dr. Walter Brown, Donald Nickell. Al Hughes,, Helen Edmiston, Members Absent: Ernest Jacks, Morton Gitelman, Albert Witte, John Maguire, Others Present: George Kinter, Walter Reif, Ronald Woodruff$ Donald Grimes, Cy Carney, Charles Barrett, Wade Fincher, Edna Baker, David Hornep",David Burleson, Loyd Wilson, Virgil Johnson, Mrs. Ellis, Ray Trammell. Chairman Roy CLinton called the meeting to order, The minutes of the August 1, 1972 Planning Commission meeting were MINUTES APPROVED approved with one minor correction; in the last�paragraph the word "effect" was changed to "fact% Chairman Roy Clinton instructed the Planning Administrator to put the PLANNED UNIT study of the requirements for planned unit developments on the agenda DEVELOPMENTS for September 5 and to request Larry Wood with the Northwest Arkansas Regional Planning Commission to furnish the Planning Commission a list of towns of like size with Fayetteville and information as to what they require for planned unit developments, The Commission discussed the letter received from Paul Mattke, City Engineer, on the proposed Subdivision known as Strawberry Hi3l. Dr. Walter Brown moved that the preliminary plat of Strawberry Hill be approved STRAWBERRY HILL with the provision that those seven lots that have to have septic tanks Preliminary Plat have individual systems installed to meet the State Health,Department regulations. Al Hughes seconded. The plat was approved unanimously A letter was presented to the Commission from Walter Niblock, Attorney PETITION R72-29 for H. W. Ebbrechtj Rezoning Petition R72-29, to rezone property located H. W. EBBRECHT on the East side of Willow Avenue between Huntsville Road and Sixth S. Willow Ave. Street from R-2, Medium Density Residential District, to C�2, Thoroughfar�e Commercial District. The petition had been tabled August 1. 1972o The letter requested the Commission leave the petition on table until it was contacted again by the petitioner. Dr. Walter Brown moved that the petition be tabled indefinitely. Helen Edmiston seconded. The motion passed unanimously to table the petition indefinitely, The Commission reviewed the appeal of George Kinter from the Subdivision GEORGE KINTER Regulations for property South of Highway 45 East and outside the City Appeal from Subd, which had been tabled August 1, 1972. Helen Edmiston informed the Commission Regs, that she had reviewed the material as a member of the Subdivision Committee, Part of the road shown is already there and the rest is being given. Instead of two new property owners, there wil.1 be only one division* Helen Edmiston moved the appeal be approved. Al Hughes seconded. The motion was approved unanimously. Walter Reif's letter requesting a waiver of Subdivision Regulations for property on the South side of Old Wire Road and tabled August 1, 19722 WALTER REIF Appeal from Subd. Regulations I 8-15-72 -2. was considered next, Mr. Reif was present and stated that if the roadway for Yvonne Street continues on as it is projected, he would have a lot approximately 78 ft. wide or deep. He wanted the Planniz* Commission to request Charles Bickford who had recently received a waiver of Subdivision Regulations to change the angle of Yvonne Street where it crosses his property. Mr. Clinton said that Mr. Bickford had requested a waiver on the basis of continuing Yvonne as it now is, had obtained the waiver and had probably already obtained his building permit and financing on this basis. He suggested Mr. Reif start swinging Yvonns�) to the North on his property. Donald Nickell remarked that this looked like a problem between two property owners and asked whether the City Engineer had reviewed this, and also what the neighbors to the East had to say about it, Helen Edmiston moved that this matter be tabled again and that it be sent to the City Engineer for further study and a recommendation. Al Hughes seconded the motion; the motion passed unanimously. The large scale development plan submitted by Cy Carney, Jr., for CY CARNEY, JR. property on the South side of Township Road and East of the St. Louis L.S.Development and San Francisco Railroad tracks, continued from August 12 1972, was Township Road. reviewed. Ronald Woodruff, Attorney, represented Mr. Carney. He said Mr. Carney had agreed to meet all requests for easements, He further said that there is apparently a future street reservation but that he was not certain whether it is in fact a street reservation or the proposed TOPICS program. City Manager Donald Grimes said that the hope was to extend Gregg Avenue up the East side of the railroad tracks with the hope of straightening the street out, Now the earliest that funds can be made available will be January, Chairman Clinton read Paul Mattke's recommendations on sewer, Mr. Woodruff said �.he thought it was arbitrary to request a man to extend sewer 1000 feet unless there is some way to require other property owners to attach onto it, I Donald Nickell asked Mr. Grimes whether he had talked to SWEPCO about right-of-way to cross their property, He had not. Chairman Clinton said approval had been indicated, but that there is nothing more than a verbal discussion that they would give an easement across their South property line. Mr. Woodruff said he had talked to Les Howell and they apparently have not approved it. Mr. Grimes said that this particular issue forced the issue; the City does not go out and get property until they get the money for it. Chairman Clinton asked what the Major Street Plan showed for this area. Bobbie Jones said.the "parkway" was all it had on it. He noted that the Commission had struck the "parkway" earlier as being unfeasible. After further discussion, Chairman Clinton asked for a letter from both Paul Mattke and Clayton Powell stating their position on this. He also asked that this matter be continued until the next meeting and requested that a representative of the Street Department and Paul Mattke be present at that time, The review of the large scale development plan submitted by Kenneth Bell KENNETH BELL for property on Highway 62 West and continued from August 1, 1972, was L.S.Development continued again at the request of the applicant. Highway 62 We The Commission reviewed the petition of Charles Barrett, Agent for S. A* S.A.MAXWELL Maxwell, Petitioner, to vacate and abandon a portion of Walker Street in (Chas.Barrett,Ag� 10 Parksdale Addition. Charles Barrett was present. Mr. Barrett said that Petition to Mr. MaxweU has a 25 ft. wide lot with a 24 ft. wide house on it on the close Walker Sti 10 8-15-72 North side of the unopened street. He has a 15 ft. wide lot on the South side of the unopened street. He has had a barn and storm cellar in the street right-of-way for some time. All utility companies submitted letters agreeing to the closing. The telephone company wanted an easement. The Commission noted that Paul Mattke had recommended denial of the petition. Dr. Walter Brown moved that the Planning Commission recommend to the Board of Directors that the petition be denied. Donald Xickell seconded the motion with the remark that he felt the City needed that street right-of-way open. The motion to deny was passed unanimously. The Commission considered the request to permit re -petition for rezoning within 12 months of day of denial on Dooley Oil Company and Barrett. Fincher Real Estate. Wade Fincher was present. After a discussion, Helen Edmiston moved to permit the re -petition, Al Hughes seconded, Dr. Walter Brown said it takes a unanimous vote of the Commission to grant the re -petition and that he planned to vote "no." He said his reason was that he would like to wait for Larry Wood's study on Highway 62 West. Chairman Clinton could not find in the ordinance where it required a unanimous vote. There was some question as to whether it might be written in the By-laws of the Commission. Chairman Clinton requested that Larry Wood be asked to present his study of Highway 62 West at the first meeting in September and that at that time they would also hear the request to permit re -petition. The motion and second were withdrawn, RE -PETITION REQUEST Dooley Oil Co. Barrett-Fincher The Commission was presented a letter from Lynn Wade, Attorney, requesting permission to re -petition for rezoning on the J. R. Boston property, Helen Edmiston moved to permit the re -petition. Donald Nickell seconded the motion. It was approved unanimously. The Planning Administrator was instructed to check the By�laws and see if a unanimous vote is required to permit re -petition, RE -PETITION REQUEST J. R. Boston The Commission considered a conditional use request for Western Union WESTERN UNION service in connection with the Yellow Cab Company at 130 North West Conditional Use Avenue, Ronald Woodruff, Attorney, represented the request and apologized 130 N.West to the Commission because this had not been included in the earlier request to change a non�conforming use. He said the Cab Company has always delivered the messages for Western Union. The only difference will be that the telegraph machine will now be located at the Cab stand and there may be some light traffic there. They may want to divide the office for the two services, They also want to relocate the sign they have on Mountain Street onto the property on West Avenue, Dr. Walter Brown moved to approve the conditional use request. Donald Nickell seconded, The request was approved unanimously. The conditional use request submitted by John Locke School for property at 506 Johnson Street was considered next. Edna Baker represented the request. She explained the concept of the school and admitted that it was open hours which made it in effect a day care center. She had negotiated a one year lease on the property at 506 Johnson. She said they are desperate for a place to relocate because Mr. Hatfield is in the process of tearing down the buildings on the property where they are now located, David Horne, Attorney, opposed the request on behalf of Margie Lang, David Burleson, Attorneylopposed the request on behalf of Mrs. Pyeatt, JOHN LOCKE SCHOOLI Conditional Use 506 Johnson 8-15-72 .4 - Mr. Horne said he did not feel adequate notice had been given the area residents since the notices were not mailed until Friday before the 1. meeting. Mr. Horne said that in essence this is spot zoning and althoughe�� he did not oppose the school as such, he did oppose it in this quiet neighborhood. Mr. Burleson said his client requires a great deal of rest and peace and quiet due to her heiLlth and age. Loyd Wilson opposed the request and said he had sold the property to Mr. Wewers and held the first mortgage on it, He was concerned about the condition of the property at the end of the lease period if there were 30 children in it. Mr. Horne said he had a letter from Mrs. Letsch opposing the request, She is also recovering from a stroke and needs rest and quiet. The Commission was also informed that Mrs, Long who lives next door to the proposed site is recovering from surgery for her second broken hip. Mr. Horne questioned whether the standards required for access, screening, and such had been complied with. Virgil 'Johnson; property owner to the West, opposed the request. He felt the narrow street would create a traffic hazard, The lady owning property on the Southeast corner of Rebecca and Olive opposed the request, Edna Baker stated she felt the fear of the noise level was exaggerated. The students do not all arrive at the same time of day, She apologized for the late notice, but said she had had a difficult time contacting Mr. Wewers because he was out of town, She said it was written into the lease that the School would pay for anything more than normal wear and tear on the property. Dr. Walter Brown moved that the request be denied. Donald Nickell seconded the motion. The petition was denied unanimously. The Commission opened the public hearing on a proposed ordinance to amend Zoning Ordinance 1747 postponed from July 18 and August 1. 1972. The purpose of the proposed amendment was to provide regulations to regulate PUBLIC HEARING the location of liquor stores in the City of Fayetteville. Chairman Ord. to Regulate Clinton stated that they have always been considered to be permitted in Liquor Stores the C-2 and C-3 districts and this ordinance is written accordingly. Ray Trammell, legal counsel for the University of Arkansas, was present. He was not particularly concerned with the City's choice of zones in which to permit liquor stores, but did express concern over the possibility of them being located in the vicinity of the University. Mr. Trammell said the majority of the University's students are under age 21. Mr. Trammell asked the City's assistance in keeping alcoholic beverages out of the area West of the railroad tracks and East of the Highway 71 By-pass. Chairman Clinton suggested to the Commission that if this proposed ordinance is sent on to the City Board of Directors, that it include the recommendation that the views of the University of Arkansas be considered. Following further discussion, the Chairman ordered this matter continued until the next meeting for further study, The meeting was adjourned at 6:00 P.M* 10 I - , RESOLUTION PC 72-26�� WHEREAS, the petition of Charles Barrett, Agent for S. A. Maxwell, Petitioner, for vacating and abandoning a portion of 1blker Street in Parksdale Addition was submitted to the Planning Commission for recommendation; and WHEREAS, at its meeting on Tuesday, August 15, 1972 the Planning Commission voted to make a recommendation to the Board of Directors on said petition, NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING COMMISSION TO THE BOARD OR DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS, SECTION 1. That the petition for vacating and abandoning the following described street right-of-way be denied: A sixty (60) foot street adjacent to and along the South side of Lot Ten (10). Block One (l and along the North side of Lot One (1), Block Six (6). in Parksdale Addition to the City of Fayetteville, Washington County, Arkansas, PASSED AND APPROVED this . 15th day of August , 1972* APPROVED: 0 ROY CLINTON, CHAIRMAN 40