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HomeMy WebLinkAbout1972-10-03 MinutesMINUTES OF A PIANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., October 3. 1972, in the Decision Room, Chamber of Commerce Building, 123 West Mountain Street, Fayetteville, Arkansas. Members Present: Donald Nickell, Dr. Walter Brown, Morton Gitelman, Roy Clinton, Helen Edmiston, Al Hughes. Members Absent: John Maguire, Christine Childress, Ernest Jacks. Others Present: David Malone, Pete Young, David McWethy, Larr7 Wood, RAY Tramm 1.11 Walter Niblock, Hoyt Greenwood, Gene Thrasher, Jim Watson, Jack Burge, Harold Bottoms, Richard Mayes, Peter L. Petty, Mrs. H.�J. Meenen, Pdt Tobin. Chairman Roy Clinton called the meeting to order. The minutes of the September 19, 1972 Planning Commission meeting were approved as mailed. The first item on the agenda was the proposed ordinance to amend Ordinance 1747 regulating the location of liquor stores in the City of Fayetteville which had been referred back to the Planning Commission from the Board PROPOSED ORD, of Directors. Chairman Clinton said that he had been requested by the REGUL&TIWG property owner of the only liquor store in the area in which the proposedjLqIOR STOR ordinance would restrict liquor stores to continue this matter until a later meeting so the property owner could attend the meeting and be 40 heard, Morton Gitelman told the Commission that there were other alternatives for the ordinance, but the copy before the Commission was the way it would have to be drafted for what the Commission had recommended. City Attorney David Malone was present and said that he had recommended to the Board of Directors that the ordinance be sent back to the Planning Commission. He thought the Commission should look at this and see if this is what they really wanted to do. The Commission had recommended that liquor stores be allowed in C-2 and C-3. but that the C�2 and C�3 areas bounded by the railroad tracks on the Eastp Highway 71 By�pass on the North and West, and by Highway 62 on the South be designated as not permitting liquor stores. He considered this draft of the ordinance as havin a sted. This g the best chand' of being legal if it is ever conte proposed ordinance adds liquor stores to C-2 and C-3, sets up two new districts to be known as C�2U and C�3U and does not permit liquor stores in C -2U and C -3U. It also instructs the Planning Administrator to initiate rezoning of all the C-2 and C-3 properties in the area in which the Commission did not want liquor stores. Mr. Malone said that C -2U and C -3U would still permit night clubs and taverns. He thought the Commission might want to consider eliminating those in these areas also. Chairman Clinton asked what some alternatives were. Morton Gitelman said that when the Commission talked about making liquor stores a conditional use in Gm2 and C-3, the objection was that it is not pinned down enough to suit the University of Arkansas. Creating the two new zones does not prevent the Commission from rezoning something back in the future. 10-3-72 4� Ray Trammell, Legal Counsel for the University, admitted that the conditional use is a possible alternative for approaching the problem; however, he liked this draft much better because the person who asks-_, for rezoning as an exception to the zoning ordinance should carry a larger burden than one who wants to establish a conditional use, He thought the present draft fits more nearly the idea originally suggested that the City take some positive approach to the problem that would be of some assistance to the University of Arkansas. David Malone said the big difference between rezoning and a conditional use is that the conditional use does not require newspaper advertising or a sign on the property, Chairman Clinton recommended to the Commission members that a public hearing date be set in November to consider this proposal. David Malone said that if the Commission was worried about someone trying to rush in and get a liquor permit, the A.B.C. checks with both he and the Police Chief, He would advise the A.B.C. of any impending change, Morton Gitelman said he was worried about the boundaries set. Highway 62 is very close to the University of Arkansas and yet on the North Highway 71 By�pass is ver7 far from the University. If the Planning Commission wishes to restrict them also, David Malone suggested the public hearing include night clubs and taverns, Morton Gitelman moved that the Planning Commission schedule a public hearing to be held November 21, 1972 for consideration of this proposed ordinance, Dr. Walter Brown seconded the motion; it was approved unanimously. The public hearing on Rezoning Petition No. R72-33, Wayne Hinkle, for property located at 3480 Highway 16 East, and to rezone from R�2, PETITION R72�33 Medium Density Residential District, to C�2, Thoroughfare Commercial WAYNE HINKLE District, or alternatively C�l, Neighborhood Commercial District was 3480 Hwy, 16 Ee� opened by the Chairman, Larr7 Wood presented the Planning Report, Attorney Walter Niblock represented the petition, Mr. Niblock stated Mr. Hinkle wants to rezone the front 150 ft. of his property at this location, He has a mobile home park under construction and he and the engineers deem this portion of his property unsuitable for mobile homes. He does not wish to sell this property, but wishes to use it for commercial purposes such as a laundry, etc, There was no opposition present and no further questions were asked. The public hearing was closed. The public hearing on Rezoning Petition No. R72-34, Hoy -t Greenwood, for property located on the Northeast corner of the intersection of Buckner - Braden Road and Highway 16 East, from R-1. Low Density Residential PETITION R72�34 District, to C-2, Thoroughfare Commercial District, was opened by the HOYT GREENWOOD Chairman, Hwy* 16 East & Larry Wood presented the Planning Report. Hwy, 265 Attorney Walter Niblock represented the petition. Mr. Niblock said that it was his understanding that such locations as this at major intersections should be used for C-1 or C�2 purposes. He said there might be some problems with this site, but he felt these were problems for the developer to solve with the City Engineer instead of with the Planning Commission. Mr. Greenwood plans another Spee -Dee Mart along the same design as all the others with self-service gasoline pumps. Mr. Niblock and Mr. Greenwood both indicated they would accept C-1 instead of C�2, Gene Thrasher said he did not oppose the rezoning, but hoped Mr. Greenwood would give some right-of-way for Highway 265 which is only 40 ft. wide, 10-3-72 �3� Mr. Greenwood said he would set back from the existing right-of-way of Highway 265 the 70 ft. required by zoning and major street plan, He said he has also had percolation tests run on the property. The Comprehensive Plan had listed this piece of property as "public and water." David Malone said this might be for the proposed fire station for the Eastern part of the City. Larry Wood thought it might also be the reason for the "public and water" being shown, The flooding question was discussed. Mr. Greenwood said there has been some fill on this property. He thought the fill might have been done after the,Corps of Engineers report was made, Roy Clinton said he had noticed that there had been no flooding on the property during the big rain the previous week. He said that although this is not large enough for a large scale development plan, he felt the Commission owes it to the City to see that the curb cuts are properly co�ordinated with both the Street Department and the Arkansas Highway Department on this property. He did not think the Commission would want to allow him to dump traffic right into that intersection. The already difficult traffic situation at this intersection was discussed, I There was no opposition present. The public hearing was closed. The public hearing on Rezoning Petition No. R72�35, Hoyt Greenwood, for property located at 1435 South Duncan Avenue, from R�2, Medium Density Residential District, to C-1. Neighborhood Commercial District was opened by the Chairman. PETITION R72-35 Larry Wood presented the Planning Report, HOYT GREENWOOD Attorney Walter Niblock represented the petition. Mr. Greenwood was 1435 S. Duncan also present. Mr. Niblock said this request was also made because Mr. Greenwood proposed another Spee -Dee Mart with self�service gasoline pumps at this location. He said Mr. Greenwood feels this is an excellent location for such a store, There was no opposition present. The public hearing was closed. The public hearing on Rezoning Petition No. R.�2-36, Ottis Watson, for property located South of Highway 16 East and on the East side of PETITION R72-36 Jerry Avenue, from A-11 Agricultural District, to R�l, Low Density CTTIS WATSON Residential District, was opened by the Chairman. E. of Jerry Ave. Larry Wood presented the Planning Report. Jim Watson was present to represent the petition, He stated he just wanted to build some houses on this property. Chairman Clinton said he assumed the property is either all platted or that Mr. Watson will do that. Jim Watson said they would take care of that. Mr. Wood said there is one problem; the street along the West side of this property is a gravel one. The Planning Commission felt that any problems such as these could be taken care of on the subdivision process, There were no further questions. There was no opposition present. The public hearing was closed, The public hearing on Rezoning Petition No. R72-37, Fulbright Investment Company, for property on the South side of Rock Street between Block PETITION R72-37 Avenue and Church Avenue, and to rezone from R�O, Residential.�Office FULBRIGHT District, to C-2. Thoroughfare Commercial District, or alternatively INVESTMENT CO. C-3, Central Commercial District, was opened by the Chairman, Rock Street Larry Wood presented the Planning Report. In his report, he recommended that if the Planning Commission plans to recommend approval of the rezoning petition that the Comprehensive Plan be amended before it is rezoned, 10-3-72 4. Jack Burge represented the petition. He asked for rezoning of the North 141.5 feet fronting on Rock Street. He said David White owns the corner house at Block and Rock where there has been a fire; the house has not been occupied recently. Fulbright Investment Company owns the next lot which is being used for parking. David White owns the next piece of property and his business there is non�conforming since the zoning change in 1970. The V.F.W. owns the lot on the corner of Rock and Church and they have been discussing plans for it with the Police Department. The property was zoned C-3 when they acquired it. Fulbright Investment Company proposes an automobile repair center for J. C. Penneys. Mr. White is presently in Europe, but his office phoned to say they were in accord with the requested change. Harold Bottoms, local representative of David White, requested the zoning change for the White properties. The public hearing was closed as there was no opposition present, Al Hughes moved to approve Petition No. R72-37, Fulbright Investment PETITION R72�37 Company. Helen Edmiston seconded the motion and said that she thought ' instead of doing a study on the whole thing that as they come up and the owners want to change from R-0 to C�2 or C-3 that the Commission should consider rezoning it. The question was raised about whether the petition actually should include the White and V.F.W. prope , rties. Bobbie Jones asked Mr. Hughes whether his motion was to rezone to C-2 or to C-3. In C-2 the proposed use is a use by right; in C�3 it is a conditional use; however, the property across Rock Street is zoned C�3, Al Hughes amended his motion to rezone to C-2 on3,y the properties owned by Fulbright Investment Company and David White because they had representatives present requesting the zoning change, but not to include the V.F.W. property because they had not had a representative present. Helen Edmiston seconded the amended motion, It was approved unanimously, Chairman Clinton instructed the Planning Administrator that in the future MULTIpIE any petition containing more than one ownership shall have the signatures PETITIONERS or power of attorney shown for each property owner, At Dr. Brown's request, Chairman Clinton asked Larry Wood to do a study 3 TUD Y OF on the Comprehensive Plan around the downtown area. No date was set for DOWNTOWN AREA the completion of the study, Dr. Walter Brown moved that the Planning Commission recommend to the Board of Directors that Petition R72�36, Ottis Watson, be approved, PETITION R72-36 Morton Gitelman seconded. It was approved unanimously, Dr. Walter Brown moved that Petition R72-35, Hoyt Greenwood, be denied PETITION R72-35 for the reasons stated in the Planning Report. Morton Gitelman seconded. From the audience Richard Mayes requested permission to speak. Chairman Clinton explained that he must deny the request because the public hearing had already been closed. The vote was taken. The petition was denied unanimously. Helen Edmiston moved to approve rezoning Petition R72-34, Hoyt Greenwood. Al Hughes seconded the motion. Dr. Brown said he would Like to have PETITION R72-34 the motion amended to continue the petition. Mr. Gitelman said the Comission needed something on the problems mentioned. Mrse Edmiston amended her motion to make the approval contingent on Planning Commission approval of a large scale development plan.' Al Hughes seconded the amended 10�3-72 .5 - motion@ The amended motion was approved unanimously. Dr. Walter Brown moved to deny Rezoning Petition R72-33, Wayne Hinkle, for the reasons stated in the report of the consultant. Morton Gitelman seconded the motion. Al Hughes asked if the petitioner had'not said PETITION R72�33 the land was not suitable for residential use, Mrs Clinton said they had said it was not suitable for mobile homes. The Planning Commission studied a topo map shown to them by Mr. Niblock. Dr. Brown said he thought the Commission ought to support oufr plan out there and that we are going to have problems. He saw no public necessity to rezone the property. Rather, he thought it would be public harm. It would start stripping, The vote was taken, Brown, Gitelman, Clinton, Edmiston, and Nickel.1 voted "Aye" to deny the petitions, Hughes voted "Nay." The petition was denied, The next item on the agenda was a letter from Washington�Madison Baptist Association requesting Planning Commission interpretation of use units. Peter L. Petty was present, Mr. Petty said the Washington�Madison Baptist Association is a nor�profitjorganization which works with 36 churches, INTERPRETATION They ended up with the property when a church disbanded and intended to OF USE UNITS sell it, but got to thinking it would make good office space, They requested an interpretation as to whether the use outlined in their letter could be permitted under Professional Offices, Use Unit 25* Dr. Brown moved that the Commission interpret that with the use outlined in the letter submitted by the Association that they can be interpreted as being included under Use Unit 25. Donald Nickell seconded the motion. It was approved unanimously, 0 Morton Gitelman left the meeting at 5:50 P -M* The Planning Commission considered a letter from Gene Thrasher requesting approval of the dedication of a street within Maple Manor Apartment complex and requesting permission to name streets. Mr. Thrasher was present. GEM THRASHER He said he was no longer concerned with naming the service road along REQUEST TO Highway 71 By�pass, but felt it should have a co=on name its entire ACCEPT STREET length, He said the street he wants accepted by the City furnishes access from Maple Manor Apartments to Highway*16 West and crosses other privately owned property, He said it has been constructed to the City's minimum street standards, Al Hughes moved that the Planning Commission recommend to the Board of Directors that the street in question be accepted by the Board of Directors. Helen Edmiston seconded the motion, It was approved unanimously, The next matter considered was a conditional use request for a day care center on property on the North side of Douglas Street and West of MRS* H*J*MEENEN Leverett Avenue, Mrs. H. J. Meenen, Building Chairman. Mrs. Meenen was Conditional Use present to represent the request. Al Hughes asked whether the exit Day Care Center marked on the plan would interfere with or tie up traffic on Iseverett, He said it seemed a hazard to him. Mrs. Edmiston said she had looked at it for the Subdivision Committee and this was the only question which concerned her. Chairman Clinton asked whether there was a driveway there now, Mrs. Meenen said there is. Mr. Hughes asked how much additional traffic they expected this to create. Mrs. Meenen said this would decrease the number of parking spaces in the parking lot and they hoped it would offset itself* Dre Brown said he thought it would be more sensible to 10�3-72 4m', change the traffic flow, Mr. Hughes agreed he would prefer to exit on Douglas. 40 Helen Edmiston moved to approve the conditional use request subject to compliance with other City and State regulations. Al Hughes seconded, It was approved unanimously. The last item of business was a request submitted by Pat Tobin for Planning Commission interpretation of certain uses listed in Use Unit INTERPRETATION 17. He requested that an establishment primarily concerned with 'OF USE UNITS servicing institutions and businesses on a range of furniture, equipment and supplies, as well as warehousing and repair of said items be interpreted as being included in either "institutional furniture and and furnishings" or "general merchandise establishment". I Roy Clinton said he thought the criteria on which the Commission should judge any use should be traffic, The Planning Commission unanimously interpreted the uses outlined in Mr. Tobin's letter can be included under "institutional furniture and furnishings." The meeting was adjourned at 6: iO P.M. k) '��Vt 0 RESOLUTION PC 72-32 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, October 3, 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, THEREFORE, HE 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 following tracts of property as hereinafter indicated: PETITION NO* R72-34: The petition of Hoyt Greenwood for property located on NE corner of Buckner -Braden Road and Highway 16 iast; Described as: Part of Lot 37 in the Plat and Subdivision of W. E. Anderson Farm, being more particularly described as follows, to�wit: Beginning at a point 245.51 South and 251 East of the NW corner of said lot, thence East 1381, thence 380 481 East 158.751 to the North line of U.S. Highway 16, thence South 75' 021 1011 West 1681, thence North 2001 to the point of beginning. From R�l, Low Density Residential District to C-20 Thoroughfare Commercial District. PETITION NO*R72-36: The petition of Ottis Watson for property located South of Highway 16 East and on East side of Jerry Avenue. Described as: A part of the NW� of the NEI of Section 232 T-16-11, R -30-W, of the 5th P.M. being 4 more particularly described as follows: Starting at the ME corner of said 40 acre tract, thence South 521.5010. thence S 840W,0886-501 to a point in the centerline of Highway 16 East; thence S 4 E2 210*001 to the point of beginning; thence S 40 E� 3441 to a fence; thence S 83OW, 1451 to a fence corner post; thence N 4ow, 3441; thence N 83 0 E2 1451 to the point of beginning and containing 1.1 acres more or less, From A�l, Agricultural District to R-11 Low Density Residential District. SECTION 2o That the petition requesting the rezoning of the following tract Of Property be amended and that an ordinance be adopted for the purpose .of rezoning the said property as hereinafter indicated: PETITION NO. R 72-&37: w000 The petition of Fulbright Investment Company for property located on the So side of Rock Street between Block Ave. and Locust Ave, Described as: 141o5l of equal & uniform width off the North side of Block 40, Original Town Plat, City of Fayetteville, From Ro&O, ResidentialsoOffice District I to Cmo2s Thoroughfare C rcials or alternatively Gm3, Central Commercial District. Planning Commission recommends that only the following portion of the above described property be rezoned to C-2. Thoroughfare Commercial District: Beginning at the Northeast corner of said Block 40, thence South 91*5 feet, thence West 82.5 feet; thence South 50 feet; thence West 80 feet; thence North 14 feet; thence West 75 feet,* thence North 127.5 feet; thence East 237.5 feet to the point of beginning. SECTION 3. That the petitions requesting the rezoning of the following tracts of property be denied: PETITION NO. R72-33: The petition of Wayne Hinkle for property located at 3480 Highway 16 East. Described as: The South 1501 of the following described lands fronting Highway 16 to -wit, Part of the SWI, of the SE4 of Section 13 in T-16�N of Ro,30�W, being more particularly described as follows: -Beginning at the NW corner of said 40 acre tract, and running thence East 5381 to the existing fence line, thence South with said fence line 6571; thence in a Northwesterly direction and parallel along the right-oof-way of State Highway 16 a distance of 501; thence South 1501 to the North line of Highway 16, thence in a Northwesterly direction with the North line of said Highway 3451; thence North 251'; thence in a Northwesterly direction and parallel with said Highway 16 1351 to the West line of said 40 acre tract; thence North 5161, more or less to the place of beginning. From Rso2s Medium Density Residential, to Co -2, Thoroughfare Commercial, or alternatively Caolp Neighborhood Commercial. PETITION NO. R!72-3 The Petition of Hoyt Greenwood for property located at 1435 South Duncano Described as: A part of the SW4 of the NW4 of Section 21 in T,&16o-N. R�30-W of the 5th P.M.0 more particularly described as beginning at a point which is 301 North of the SE corner of said 40 acre tracts running thence West 1711, thence North 1281, thence East 1711j thence South 128, to the point of beginning. From R-2. Medium Density Residential District to G..l$ Neighborhood Commercial District. PASSED AND APPROVED this day of . october 1972a APPROVEM 0 Rol LUUONp CHAIMAN 0