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HomeMy WebLinkAbout1972-09-05 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, September 5, 1972, in the Directors Room, City Administration Building, Fayetteville, Arkansas, Members Present: Roy.Clinton, Ernest Jacks, Christine Childress, Morton Gitelman, Dr. Walter Brown, Donald Nickell, Al Hughes, John Maguire, Members Absent: Helen Edmiston, Others Present: Pete Estes, Walter Reif, Charles Bickford, Larry Wood, Pete Young, Paul Mattke, Wallace Brt, Cy Carney, Jr., Ronnie Woodruff, Odell Taylor, Thelma Knowlton, Ray Trammell. C. A. Ray, Vernon Wilson, Walter Niblock, Hugh Shaddox, Mrs. Ed McCormick, Lynn Wade, Emily Tompkins, Carla Hartzell, Janet Waldml-4 Bob McCallum, Benny Winborn, Jack Audrain, Kenneth Stewart, Ervan Wimberly, Mrs. Frank McDonald, Grant Davis, Lester Bale, Leonard Kendall, Bill Stiles, Grover C. Thomas, Mrs, Jo Guinn, Chairman Roy Clinton called the meeting to order, The minutes of the August 15, 1972, Planning Commission meeting were approved as mailed. The request of Walter Reif for waiver of Subdivision Regulations for property on the South side of Old Wire Road, tabled from August 15, 1972, for WALTER REIF review by the City Engineer was discussed. Paul Mattke, City Engineer, Subd. Waiver was present to answer questions and the Commission also considered a letter' submitted in advance of the meeting stating Mr. Mattke's opinion. His letter recommended that Yvonne Street as extended in the future should parallel Old Wire Road and that an agreement should be reached as to who is responsible for paving of this street. Yx. Reif and Charles Bickford, neighbor to the West, were also present. Pete Estes, Attorney, represented Mr. Bickford. Mr. Estes said that Mr. Reif was not seeking a variation on his own property, but was trying to get one on someone el5es (Mr. Bickford's). He said there is a 50 ft. easement East of Mr. Reif's property which is to provide access into the new Brookside Addition; therefore Mr. Reif has outlets the entire length of his property. He reviewed Mr. Bickford's appeal before the Planning Commission on June 6 and said that Mr. Bickford has had a survey, made a deed to the City and has been issued a permit, Mr. Reif said he had no knowledge of Mr. Bickford's appeal or plans until he saw the survey stakes. If the road continues as projected it would cut out his southernmost part of his property as a desirable lot. He said, he had no plans to sell this particular piece of property at the present time and was just trying to protect it. He requested some assurance that in the future it would be possible to place Yvonne across his property at a diagonal. Chairman Clinton stated he thought Paul Mattke's letter was the best assurance Mr. Reif had. The Commission felt no waiver was necessary at this time but they were receptive to turning the road northward at a future date when the property was ready to be developed. 9-5-72 -2. The Commission continued consideration of the large scale development CY CARNEY, JR. plan submitted by Cy Carney, Jr., for property on the South side of L.S.Development Township Road and East of the St. Louis & San Francisco Railroad Township Road tracts, tabled August 15, 1972, for additional information from the City Engineer and City Street Superintendent. Ronnie Woodruff, Attorney, represented Mr. Carney and questioned whether this 60 ft. right-of-way requested by Clayton Powell is part of the Major Street Plan or is a proposal that has not been approved by the Planning Commission or Board of Directors, Chairman Clinton asked Paul Mattke, City Engineer about his recommendation that the developer run a line to the sewer. Mr. Woodruff had objected to this recommendation because of the distance to sewer. Mr. Mattke said SWEPCO is the only one in the area who has- checked on an extension. Mr. Woodruff said there would probably not be very many people employeed there, possibly only one watchman. Chairman Clinton asked for information from the Street Department. Wallace Brt, Assistant Street Superintendent, said that in the TOPICS program it is proposed to straighten out Gregg Street and eliminate the jogs and correct the dangerous intersection of Highway 180 and Gregg. He said they would like to have 60 ft. of ROW East of the railroad spur, Mr. Brt had talked to Frisco Railroad and they agreed to work with the City in cutting out the two crossings and work with the City on right-of-way, It might be possible to cut down the 60 ft, requirement if thethby can get the railroad spur closer to the main line@ Mr. Woodruff said that if there is no street reservation, they cantt prevent Mr. Carney from getting a building permit, He requested the Planning Commission approve the plan and let Mr. Carney operate at his own risk. If there is a street reservation they could come back and take the property. He also said he did not feel they could require a man to extend to a sewer line that is more than 100 feet away. Chairman Clinton said the Planning Commission has no knowledge of the TOPICS study, Dr. Brown said he thought the Board of Directors should have approved something on TOPICS. Donald Nickell asked if no action on the part of the Planning Commission would take this to the Board of Directors. He did not feel the Planning Commission had enough evidence and recommended no action and let this go to the Board of Directors, Larry Wood said the City does have a Major Street Plan and it does recommend a parallel road on each side of the railroad tracks. It has not been officially amended to remove that road; although there have been recommendations to remove it. The change has not been referred to the City Board for adoption, Donald Nickell moved that the Planning Commission take no action on this, Christine Childress seconded, Dr. Brown said he thought it might carry more weight if the Commission denied it and referred it to the Board of Directors to tell the Commission whether there is a reservation or not. Mr. Nickell's motion to take no action was approved unanimously, The large scale development plan submitted by Kenneth Bell for property KENNETH BELL on Highway 62 West and continued from August 1 and August 15, 1972, was L.S.Development studied next. Odell Taylor, Attorney, represented Mr. Bell. Thelma Highway 62 We Knowlton who owned property on the corner of Dinsmore Trail and Highway 62 had some questions. Odell Taylor said the proposed buildings would all be used by automobile related shops, They will be on septic tanks until the sewer gets out there, Paul Mattke studied the revised drawing showing a change in drainage and stated he thought it would be okay. It was noted some easements had been requested. Morton Gitelman moved to approve the revised drawing with the easements requested by the Plat Review Committee, Ernest Jacks seconded. It was approved unanimously, 9-5-72 -3- The Planning Commission continued the public hearing on a proposed ordinance to amend Zoning Ordinance 1747 to regulate the location of liquor stores in the City of Fayetteville. This had been continued from July 18, August'., , 1 and August 15, 1972. Ray Trammell from the University of Arkansas was present and reiterated his request that liquor stores or the sale of alcoholic beverages be prohibited between the rai-Iroad tracks and the By-pass, Mr. Gitelman was asked if an ordinancecould be written in this manner. PUBLIC HEARING He said he thought it could, but that it would take considerable writing* Liquor Stores Chairman Clinton said that personally he frowned upon making liquor stores a conditional use in the zones in which it would be permitted, but would be willing to discuss this if the others desired to do so, John Maguire arrived at 5:00 P*M1 Donald Nickell said he objected to permitting liquor stores in any zone without the people having a chanc ' e to come in and say they don't want one there. Dr. Brown stated that when East Gate Shopping Center requested rezoning, the people opposed it and their attorney had said there would be no liquor store in it, but there is one there now. Al Hughes moved that the Planning Commission recommend to the Board of Directors that an ordinance similiar to the one being considered be adopted but that it be amended so that the sale of retail alcohol would be restricted in the area bounded by the St. Louis & San Francisco Railroad tracks on the East, by Highway 62 West on the South and by Highway 71 By-pass on the West and North. John Maguire seconded the motion. When the vote was taken, Hughes, Maguire, Brown, Gitelman, Clinton, Jacks, and Childress voted "Aye", Nickell voted "Nay." The motion was approved. The public hearing on Rezoning Petition No. R72-30, Jerry E. Ray, for PETITION R72-30 property located on the North side of Zion Road approximately one-half JERRY E, RAY mile East of Highway 71, and to rezone from A-1, Agricultural District, Zion Road to R-1. Low Density Residential District, was opened by the Chairman. C. A. Ray was present to represent his son. There was no one present opposing the petition and the Commission had already been mailed the Staff Report so no verbal report was given. The public hearing was closed after Mr. Ray stated his son wanted to build a dwelling on the property. Al Hughes moved that the petition be approved, Dr. Walter Brown seconded the motion. It was approved unanimously. The Chairman opened the public hearing on Rezoning Petition R72-31, PETITION R72-31 Vernon Wilson, for property located on the West side of Garland Avenue Vernon Wilson and on the South side of James Street, from R-2, Medium Density Residential James St. District, to C-1, Neighborhood Commercial District. Larry Wood presented the Staff Report. Walter Niblock was present to represent Mr. Wilson who was also present. Mr. Niblock said it would seem that James Street would be a natural barrier between commercial and residential and that if he lived in the area he would not want additional duplexes or apartments in the area which is now heavily trafficed. Mr. Wilson desired the rezoning because this property adjoins his property which is already zoned C-1 and lies to the South. Hugh Shaddox opposed the rezoning. He lives on the dead end of James Street. He opposed the rezoning because James Street is very narrow and has a bad intersection with Mt. Comfort Road, there is no traffic control in the area, probable property devaluation, noise, and a bad view; also James Street is the only access into about 13 acres of undeveloped, residentially zoned property, lie 9-5-72 �4� Mrs. Ed McCormick said they owned the property at the end of James Street which is undeveloped and she opposed the rezoning. She said there were two other property owners on James Street who were unable to be present who opposed the rezoning. She felt the rezoning would decrease the value of her property. Mr. Wilson promised to do anything in his power to correct anything that would be disagreeable. He stated he had given the City one-half acre so they could extend North Street into Highway 16. He said there would be no liquor stores or beer joints on his property and he would try to keep it "to theInth degree". Mrs. McCormick asked this be put in writing. Mr. Wilson and Mr. Niblock said there were several people interested in this property for development purposes, both local and out of town people, Mr. Wilson said he would work with the City and State Highway Department on accesses to the property. He said the other people he had talked to on James Street had no objection. The public hearing was closed. Dr. Walter Brown moved that the petitian, be denied. Christine Childress asked what the position of the Washingtoi�-, Madison Baptist Association was on the rezoning petition. Mr. Hughes said he was a friend of the preacher of the Free Will Baptist Church there and that he understands that the church has been told to seek another location. The Association wants to sell this particular portion and use the remainder for offices. Donald Nickell seconded Dr. Brawn's motion to deny the petition due to opposition from the neighborhood. When the vote was taken Maguire, Nickell, Brown, and Childress voted "Aye"; Gitelman and Jacks voted I'Nayfl; and Hughes and Clinton abstained. The petition was denied, Chairman Clinton opened the public hearing on Rezoning Petition R72-32, J. R. Boston, for property located North of Fairview Memorial Cemetery, is and to rezone from R-1. Low Density Residential District, to R�2, Medium Density Residenai4l District. Larry Wood presented the Staff Report, Lynn Wade represented the petitioner. He requested the rezoning to provide a buffer between the balance of the R-1 zoning and the Cemetery, and because there is a sewer line crossing the property which cannot be relocated. He said this is part of a proposed 30 acre development and they hope to have two neighborhood parks inside the development. Emily Tompkins, 1701 Old Wire Road opposed the rezoning and said she had heard no compelling reasons why the property should be rezoned. 10 Christine Childress left the meeting at 6:00 PIMI Carla Hartzell, Winwood Drive, opposed the rezoning and asked wby the sign was placed so far off the street and also who actually owned the property. Mr. Wade said Mr. Boston owned it, the Winborn's had an option on it which they have exercised, but it has not been finalized. Ronnie Woodruff lives on Overcrest which is already getting a lot of traffic and wanted to keep it residential. Janet Waldroup, Winwood Drive opposed the petition because of traffic reasons and because the type of land use in the area is all single family residences now. Bob McCallum opposed the rezoning, On request of the Chairman, a large number of people in the audience stood to signify they opposed the petition. Benny Winborn said they were trying to buffer the balance of the property from the Cemetery and that they had drawn an alternate plan for a planned unit development but did not want to develop this way in that area. Kenneth Stewart, Mrs. Frank McDonald, and Grant Davis commented on the bad intersection that would be created on Winwood Drive. Mr. Stewart 9-5-72 .5- a board fence or brick wall along the Cemetery property line. Mr. Audrain said there is other property to the West which is undeveloped and which would be affected if this were to be rezoned. The public hearing was closed. Dr. Walter Brown moved that the petition be denied. Doikld Nickell seconded the motion. Dr. Brown said that he did not accept the principle of mixed density. The vote was taken; Maguire, Nickell, Hughes, Brown, and Clinton voted "Aye"; Gitelman and Jacks voted'"Nay.11 The petition was denied. The rezoning petition of Lester Bale for property located on the South side of Highway 16 West and East of the Ozark Electric Cooperative property and to rezone from A-1, to C-2, Thoroughfare Commercial District, tabled LESTER BALE September 16, 1969, was brought off table. Larry Wood presented a new highway 16 W Staff Report. Lester Bale and Walter Niblock, Attorney, represented the petition. Mr. Niblock said Advance Floor Coverings owned by Mr. Bale needs to relocate due to the Center Square Urban Renewal Program and also due to the condition of the building he presently occupies. Property to the West is used industrially and Williams Grocery is also near there, There was no one present opposing the rezoning, Leonard Kendall owns 80 acres of land on Highway 16 and spoke in favor of the rezoning. He did not feel the property would ever be used residentially and planned to seek commercial zoning on his highway frontage himself. The public hearing was closed. John Maguire moved that the petition for rezoning be approved. Al Hughes seconded, Dr. Brown stated he was opposed to the motion. The Commission has already turned this down once because it did not fit the comprehensive plan. Rezoning this would be spot zoning and it would start strip zoning of Highway 16. He said it is not in the public interests just because it is convenient for Mr. Bale. Mr. Maguire agreed that a change to single family residential could enhance this but questioned whether a developer would be interested in building single family residences next to anindustrial. use. Mr. Hughes did say that he thought the Commission had to consider it as it is today and not go by what had been done in the past. He questioned whether something could be tabled for two years and then brought back up. Chairman Clinton said Highway 16 is inadequate and he was not in favor of commercial zoning until better access can be provided out there. Donald Nickell asked Mr. Bale if he would agree to rezoning for a period of time to enable him to get his business started out there and then have it rezoned back and make the business non -conforming. Mr. Bale and Mr. Niblock both agreed to this although Mr. Niblock questioned the legality of such action. The vote was taken on Mr. Maguirets motion to approve the petition; Maguire and Hughes voted "Aye." Nickell, Brown, Gitelman, Jacks, and Clintop voted "Nay". The petition was denied. j The Commission considered an appeal to change a non�conforming use of property Change non located on the North side of Highway 16 East and East of Ray Avenue, submitted conforming by William Stiles on behalf of Jerryls Catering Service. Chairman Clinton use read the letter of application which stated they do not sell direct from JERRY'S CATERING the location and do not need or want a sign. Mr. Stiles asked why this SERVICE was not brought into the City as commercial. Mr. Gitelman asked Mr. Stiles Hwy. 16 E. if he planned any external changes. He did not. No one opposed the request, Morton Gitelman moved the request be approved, Dr. Brown seconded the motion; it was approved unanimously, 9-5-72 -6- The Commission considered a conditional use request for an eating place in the R-0 District, 312 South School Avenue, submitted by Grover C. Thomas. Mr. Thomas was present and stated he wanted to use one lot in the R-0 district to provide parking for a pizza place on an adjoining commercial lot. There were no objections from the audience, Dr. Walter Brown moved to approve the request. Morton Gitelman seconded the motion. It was approved unanimously, CONDITIONAL USE I GROVER Ce THOMAS 3(12 S. School Chairman Clinton announced that the Commission must adjourn before getting to the other items on the agenda. Mrs. Joe Guinn asked that the Commission take Item 18, petitions from area property owners requesting the Planning Commission study the R-3 zoning district lying West of Razorback Road, South of Cardwell and North of Hotz Driveunder advisement and that it be referred to Larry Wood for a study. Mr. Clinton stated he wanted the Commission to hear the petitions first, The meeting was adjourned at 7:00 P.M. E R-3 West of Razorback I RESOLUTION PC 72-27 WHEREAS, a public hearing was held on a proposed ordinance to amend Zoning Ordinance 1747 for the purpose of regulating liquor stores in the City of Fayetteville, Arkansas, on August 1, 1972, fifteen (15) days after said public hearing had been advertised in the Northwest Arkansas Times; and WHEREAS, after the public hearing the City Planning Commission voted on August 15, 1972, to make a recommendation to the City Board of Directors on said proposed amendment. NOW, THEREFORE, BE IT RECOMENDED BY THE CITY PLANNING COMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1* That an ordinance be adopted for the purpose of -,amending Zoning Ordinance No. 1747 and to permit the location of liquor stores in the C-2, Thoroughfare Commercial District, and in the C-3, Central Commercial District, SECTION 2. That said ordinance prohibit liquor stores in the C-2 and C-3 Districts lying within an area bounded by the St. Louis & San Francisco Railroad tracks on the East, by Highway 62 West on the South, and by Highway 71 By-pass on the North and West. PASSED AND APPROVED this 5th day of September 1972o 0 ATTEST: ERNEST JACKS, SECRETARY APPROVED: ROY CLINTON, CHAMAN r7- 2� 1,-a1E7EAS, pursuant, the provisions of the Code of nrdinances of tile Citj' of Fayetteville, Arkansas, the Ci� I ty r1anning C=aiosion held a Tublic hearing on the folloi,ting rl-3z0ning petitions, Tuesday, September 5, 1972, fifteen (15) days after a sign was erected upon the I p�r op ek rty and after a notice was published in 'U'f�e orthwest Arkansas Times, ^ circulation; and I a. newspaper of general 1111EREA3, after the Public hearing, the Pl�!rni�ng Commission voted to make re comumendat ions to the Board of 51irectors on the following rezoning petitions. TIFILEFORE, BE IT RFC012=1- )ED BY T CITY �LQM TO TIE B04RD OF DIRECTORS 07 FrPT, CITY OF FAYETPTEVILLE'. ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning the following tract of property as hereinafter indicated: PETITION NO, R72-30: The petition of Jerry E. Ray for property located on the North side of Zion Road approximately -a' mile East of Highway 71. Described as: Part of the NN114 of the SWil; of Section 24, T -17-N, R -30-W, and being more particularly described as follows, to -wit: Beginning at a point 370 feet East of the Mol corner of said LO acre tract, thence South to the centerline of Zion Public Road, thence East with the centerline of said road 135 feet, thence North to the North line of said 40 acre tract, thence West 135 feet to the point of begi=irig. From A-1. Agricultural District, to R-1. Low Density Residential District, SECTION 2. That the petitions requesting the rezoning of the following tracts of property be denied: PETITION NO, R72--31: The petition of Vernon Wilson for property located on the West side of Garland Avenue and on the South side of James Street, Described as: Lots 6, 8, 9, and 10, McCormick Addition to the City of Fayetteville, Arkansas. From R-2, Medium Density Residential District, to C-1, Neighborhood Commercial District, PETITION NO. R72-32: The petition of Ja R. Boston for property located North of Fairview Memorial Cemetery. Described as: Part of the NW14 of the SW14 of Section 2. T-16-Nj R-30-TV1. being more particularly described as follows: Beginning at a point which is N 891491 W 414.4 feet of the SE corner of the M.414 of the SV41 of said Section; thence N 890491 W 831.0 feet; thence N 0'32' W 225.0 feet; thence S 89'49' E 833-09 feet; thence South 224.98 feet to the point of beginning, From R-1, Low Density Residential District, to R-2, Medium Density Residential District, PASSFD AND APPROVED this 5th day of September 1972o APPROVED: ROY CIJL17�1*'v Q4' T�'A RESOLUTION PC 72-29 WHEREAS, a public hearing was held by the City Planning Commission, Tuesday, August 19, 1969, fifteen (15) days after a sign was erected on the property and after a notice was published in the Northt-rest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the public hearing, the Planning Commission voted to make a recommendation to the Board of Directors that the petition of Lester W. Bale for rezoning be denied; and WHEREAS, on September 3, 1969, Lester W. Bale petitioned to the Planning Commission for a rehearing on said rezoning petition; and WHEREAS, on September 16, 19692 the City Planning Commission granted the petitioner a rehearing and afterwards tabled the petition to rezone; and WHEREAS, on September 5. 1972, the City Planning Commission brought the petition off table and voted to make a recommendation to the Board of Directors, NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE2 ARKANSAS, SECTION 1. That the petition of Lester W. Bale requesting the rezoning of property described as follows, from A-1 to C-2, Thoroughfare Commercial District, be denied. Part of the Fractional Ybl4l of the ali and part of the Fractional SW4 of the M14 of Section 7, T -16-N, R-30�W, described as follows: Beginning at a point in Highway 16 West which is 44-17 feet North and 349.27 feet East of the rd corner of the first mentioned fractional 40 acre tract and running thence East on a line 22-76 inches South of and parallel with the centerline of State Highway 16 434.61 feet; thence South 222.75 1 'feet; thence West 217.47 feet; thence South 70.02 feet; thence West 210.87 feet; thence North 293.04 feet, more or less, to the place of beginning, except that part on the North side in said Highway. PASSED AND APPROVED this . 5th day of September 1972* APPROVED: ROY CLINTON, CHAIRMAN