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HomeMy WebLinkAbout1972-12-05 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, December 5, 1972, in the Directors Room, City Administration Building, Fayetteville, Arkansas, Members Present: Roy Clinton, Ernest Jacks, Helen Edmiston, Al Hughes, Morton Gitelman, Donald Nickell, Dr. Walter Brown, Christine Childress, Members Absent: John Maguire. Others Present: Jack Johnson, Larry Wood, David McWethy, Pete Young, Donald Grimes, Loris Stanton, Wayne Walker, Gerald Cates, Paul Young, Jr., Edward Skelton, Hershel Skelton, Inez Leaton, Mr. Sistrunk, Oliver Ostmeyer, Glenn Will, Mrs. Roland Stubblefield, John Lyons, Jack Bud, R. M. Fisher, Truman Smith, M. V. Parker, Jr., Bobby Ray Johnson. Chairman Roy Clinton called the meeting to order, Chairman Clinton opened the public hearing on Rez ' oning Petition R72-41, Gertrude Flynn, to rezone property located on the South side of Highway 45 East approximately J -mile East of Highway 265 from R-1, Low Density Residential District, to A-1, Agricultural District. PETITION R72-41 Larry Wood presented the Planning Report. GERTRUDE FLYNN Jack Johnson was present to represent MissFlynn. He stated he is the Highway 45 East brother-in-law of Miss�Flynn and that she lives on this property by herself. He has to go get her every night, Her nephew, whom she raised and who is retiring out of the Navy, wants to put a mobile home there so he can see after her. There were no further questions, and there was no one present to oppose the petition, Donald Nickell moved that the petition be approved. Morton Gitelman seconded the motion. The petition was approved unanimously, Chairman Clinton opened the public hearing on Rezoning Petition R72-42, Johnie Bassett, to rezone property located on the East side of North PETITION R72-42 College Avenue and South of Rolling Hills Drive from R-1, Low Density JOHNIE BASSETT Residential District, to C-2. Thoroughfare Commercial District. N. College Ave. Larry Wood presented the Planning Report, Loris Stanton and Wayne Walker were present to represent the petition. Mr. Stanton said the proposed use for the property is a motel. There is one residence on Oaks Manor Drive which backs up to this property and it has a large fence between the properties. There is a junk yard just to the South. Chairman Clinton told Mr. Stanton that there is a possibility a screening fence will be required when the development plan is submitted, Morton Gitelman asked Mr. Wood whether his study had reviewed the land to the South,which is zoned R-1. Mr. Wood said he had, that the land is land -locked, and that this zoning change will not be of any help to that property, Al Hughes moved to approve the petition. Helen Edmiston seconded the motion. Donald Nickell asked Mr. Stanton if this would remove all the junk in there, Mr. Stanton said it would remove only what is on this property, including the "Bubble Club." The motion to approve the petition was approved unanimously, 12-5-72 .2. I I Chairman Clinton opened the public hearing on Rezoning Petition R72-43, Gerald and Marie Cates, to rezone property located on' Highway 62 West PETITION R72-43 and Old Farmington Road from A-1, Agricultural District, to C-2, GERALD CATES Thoroughfare Commercial District. Highway 62 W. Larry Wood presented the Planning Report. Gerald Cates was present to represent the petition. He said he hoped to build either storage building or some type of business building in that area. Dr. Brown advised him that the depth of this property is far deeper than what has been studied for commercial in this area. Chairman Clinton explained that there is a study in progress on this section of Fayetteville but that the Commission has not reached a decision on it. There was no opposition present. Larry Wood said that he hoped to be able to complete the study for the Commission so it can get back on it in January. Chairman Clinton asked Mr. Cates if he objected to this petition being continued until after the study is completed. Ernest Jacks moved that the Planning Commission continue Petition R72-43 until the study on Highway 62 West is completed and a decision is reached on land use along Highway 62, Helen Edmiston seconded the motion. The motion to continue the petition was approved unanimously, Chairman Clinton opened the public hearing on Rezoning Petition R72-", Paul Young III, to rezone property located on the East side of Old Missouri Road immediately North of the Butterfield School property from R-1. Low PETITION R72-44 Density Residential District, to A-1, Agricultural District. PAUL YOUNG III Larry Wood presented the Planning Report. In view of the proposed use, Old Missouri Rd. Mr. 'good recommended that the petitioner consider the property South of the school instead. Paul Young, Jr. was present to represent the petition. He said his son plans to construct a nursing home. Paul Young III is now operating a nursing home in Texas. Mr. Young said the plans have been approved by the State Board of Health and that he has tentative approval from HUD. The State has reviewed at least ten sites here in Fayetteville which they would not approve. They require a quiet site, away from the railroad tracks, with access to doctors and hospitals having all utilities available comprising at least 5 acres and located on a paved street, The site Mr. Wood suggested was considered; however, Mr. Stubblefield does not wish to sell that site, Also, the site South of the School has too much difference in elevation for a facility of this size. Nursing homes are permitted in the A-1 District aswell as in the R-3 District. Mr. Young has in mind building a luxury type home. The purchase option contains an agreement to construct a street along the North side of this property, The street would align with Stubblefield Road. The proposed building would be set back in line with the School. Mrs. Edmiston asked Mr. Wood's feelings about this project to the North of the School knowing that the property South of the school is not avail- able. He said he would not oppose it. Dr. Brown asked Mr. Young the difference between a geriatric center and the type facility he proposed, Mr. Young said they could provide the same type care as provided in a geriatric center; however, some patients would be ambulatory and might even leave the center for periods of time. He said there is a lengthy waiting list at the City Hospital. He said the Butterfield School is approximately 200 feet South of the common boundary line between the two properties. There was no one present to oppose the petition. Helen Edmiston moved that the petition be approved, Ernest Jacks seconded the motion. The motion to approve the petition was approved unanimously. 12-5-72 .3 - The public hearing on Rezoning Petition R72-45, Gordon Houston, to rezone PETITION property located at 2241 South School Avenue from R-1. Low Density Residential R72-45 District.to C-2. Thoroughfare Commercial District, could not be held because G.HOUSTON of an error in the legal description. The petitioner had been so advised, I Chairman Clinton opened the public hearing on Rezoning Petition R72-46, PETITION R72-46 Edward L. Skelton, to rezone property located on the South side of EDWARD L*SKELTON Deane Street and East of Lewis Avenue from R-1, Low Density Residential Deane Street District, to R-2, Medium Density Residential District, Larry Wood presented the Planning Report. Edward Skelton was present to represent the petition. He stated he had in mind to rezone the property now for future use. He wants to build , one duplex or more. Chairman Clinton informed Mr. Skelton that he could appeal to the Planning Commission to build one duplex without a change in zoning. Mr. Skelton said there is one old house on the property now which faces Deane Street. Donald Nickell asked whether Mr. Skelton intends to tear down this old house. He said it would come out. Mr. Nickell said he could not see much wrong with it, if the old house is coming down, In answer to a question from Mrs. Edmiston, Mr. Skelton said there are some duplexes in the next block. Mr. Nickell asked whether Mr. Skelton had purchased the property with the idea in mind of tearing this old house down, He said he had, I Inez Leeton was present to oppose the petition. She lives adjoining the property on the West. She presented a copy of a petition signed by 29 home- owners within a radius of 2 or 3 blocks of this property, She said they oppose and protest a duplex being built. She said they paid a premium price for their property and would like to retain their dollar value, They use their back yards and resent having to look at rental property which she said is not taken care of like homeowner6'.4 would. She sold Mr. Skelton 10 feet of the property he has and she said he had assured her he would not use the property for a duplex. He had told her he needed the property so he could get to the back of his property where 14had antique cars in a building. Hershel Skelton, property owner on the East, opposed the petition. In answer to a question about what was meant by the "public" land use on the comprehensive plan, Larry Wood said he was not sure, but suspected it proposed combining this area with the property to the South owned by the University of Arkansas to serve as a buffer strip. A Mr. Sistrunk who owns the property on the Southeast corner of the subject property opposed the rezoning, He said his property which is in the Reinheimer Subdivision contains protective covenants, Mrs. Edmiston questioned whether these covenants would apply on the subject property, There were no further questions. The public hearing was closed. Dr, Walter Brawn moved that the petition be denied on the grounds stated in the Planning Report. Christine Childress seconded the motion. The motion to deny the petition was approved unanimously. Chairman Clinton opened the public hearing on Rezoning Petition R72-47, PETITION R72-47 Oliver W. Ostmeyer, to rezone property located at 701 North College OLIVER OSTMEYER Avenue from R -O, Residential Office District, to C-2, Thoroughfare 701 N. College Commercial District, Larry Wood presented the Planning Report, Oliver Ostmeyer was present to represent the petition. He stated he wanted to clean up the property and use it to sell luxury travel trailers. He said he believed access was less of a hazard on this property than it is on the rest of Highway 71 going in and out and said people use it every day I : 0 I 12-5-72 .4- to make 11U11 turns. He said this application had nothing to do with the previous petitions to rezone this property, and that he was only interested in being able to sell the travel trailers. Christine Childress asked whether the sale of these trailers was permitted in this zone. Chairman Clinton said it is not permitted in the R-0. Al Hughes asked the City Attorney whether it is possible to grant him a non- conforming use on this property. Mr. Malone said he did not think so, that it would seem the prospects are to either rezone it to C-2 or to leave it R-0, There was no one else to either oppose or support the petition. The public hearing was closed. Dr. Walter Brown moved that the petition be denied on the grounds of the Commission's previous study in this area and the decision to keep it R-0 and also on the grounds of the Planning Report. Morton Gitelman seconded the motion. Roy Clinton, Ernest Jacks, Helen Edmiston, Morton Gitelman, Donald Nickell, Walter Brown, and Christine Childress voted "Aye" on the motion to deny the petition. Al Hughes voted "Nay." The petition was denied, Chairman Clinton opened the discussion on Sunrise Mountain. City Manager Don Grimes said he had requested this discussion. He requested the Chairman instruct the Subdivision Committee to meet with himself and the owners of the property to discuss the problems out there. He called this prime residential property but said it is lacking in public facilities. It has no sewer service, the streets are substandard, and the water system is private and provides only household water with no fire protection. He said as the area continues to develop he thought we would have more and more problems. He did not want to see it develop into a rather dense residential area with the residents having no place to go for public services that should be furnished by the developer except to the City. He said it would not be fair for the City to install the ' facilities required to be installed by other developers. Glenn Will, "owner of much of the property in Sunrise Mountain Addition, requested that this discussion be held at an early date. Thursday afternoon, December 7, was suggested as a possible time to meet, DISCUSSION ON SUNRISE MOUNTAIN Chairman Clinton opened the public hearing on Rezoning Petition R72-48, PETITION R72-48 Glenn Will, to rezone property located on Sunrise Mountain Road from GLENN WILL A-1, Agricultural District, to R-1. Low Density Residential District. Sunrise Mtn. Rd. Larry Wood press ed the Planning Report, He recomme ed that before rezoning is granted, approval be obtained from the State Board of Health that every piece of property for sale is suitable for a septic tank, Christine Childress left the meeting at 5:40 P.M. Glenn Will was present to represent the petition. He said the houses up there have had excellent success with their septic tanks, Dr. Brown asked Mr. Will if he objected to a continuation of this petition until the Subdivision Committee and the City Manager can study the area. Mr. Will said he personally did not object, but that the man who wants a building permit is anxious. Dr. Brown moved to continue the public hearing and put in on the agenda for the next meeting. Ernest Jacks seconded the motion which was approved unanimously. The next matter on the agenda was the approval of the Preliminar7 Plat �EADCW BROOK FARM of Meadow Brook Farm, Unit 1, a proposed subdivision plat submitted by UNIT 1 Mrs. Roland Stubblefield for property on Old Missouri Road. Ernest Jacks Preliminary said this has been reviewed by the Subdivision Committee and that apparently Plat everything asked by the Plat Review Committee has been agreed upon, He noted 12-5-72 .5 - that Clayton Powell, the Street Superintendent, had asked for 'a 60 ft. street, to which the developer had agreed. Helen Edmiston moved that the Preliminary Plat be approved, Dr. Brown seconded the motion which was approved unanimously, The Large Scale Development Plan submitted by Jack Budd for property JACK BUDD located on the North side of the railroad tracks between Government Hill & Government Avenue and Hill Avenue was considered next. Ernest Jacks said the L.S.Development Subdivision Committee had reviewed the plan. The plan is short one parking space drawn on, but there is ample room for an additional space. A revision has been made to have trucks pull onto the property, then back into the loading dock, rather than backing in off the street, The building has been moved to the North to clear the existing sewer line as requested by Paul Mattke, Ernest Jacks moved the plan be approved. Helen Edmiston seconded the motion which was approved unanimously. The Large Scale Development Plan submitted by R. M. Fisher, Fisher, Inc. FISHER� INC* for property at 3420 North College Avenue was considered next, Ernest R. M. Fisher Jacks said the Subdivision Committee had reviewed the proposal. He intends College Ave. to put a portable building there. Clayton Powell, Street Superintendentj L.S.Devlopment has requested he not put any permanent buildings in there because he feels a need for a service road but cannot require one., Mr. Fisher was present. He said he did not plan an access to this property directly off the highway because that is a bad place for one. He hopes to buy the entire area and if he can get it he'said he would allow for a service road. He said he intends to have a nice clean used car lot, and also handle portable buildings for sale. He said if he could get permission and if there is no objection, he intended to go ahead on the grading of the property. There is a lot of trash on the back of the property and he wants to go past the 100 ft* depth for development at this time and blade the lot off and make it look better. Ernest Jacks said he had wanted to ask City Attorney David Malone if there is any problem on the Commission's approving a large scale development for a person who has a lease on the property rather than the owner, Mr. Malone had already left, Morton Gitelman said he did not see anything wrong with this. Ernest Jacks moved to approve the request. Helen Edmiston seconded the motion which was approved unanimously, The Commission asked the Planning Administrator to contact the City Attorney and ask if there is a problem approving a plan submitted by a leasee, The next matter considered was a Large Scale Development Plan submitted RIDGEVIEV by Ridgeview Baptist Church for property located on the Northwest corner BAPTIST CHURCH of Highway 16 East and Ray Avenue. Also, churches are a conditional use Hwy, 16 East in the R-1 District. The plan had been reviewed by the Subdivision L.S.Devlopment Committee and Ernest Jacks gave the details of this review to the Commission. & Condi. Based on the size of the auditorium, there are 90 parking spaces required; tional Use there are 65 proposed because they bring a lot of people in buses and they have six bus parking spaces. There is a problem with the number of access points they have shown off Highway 16. Five feet additional right-of-way is needed along Ray Avenue. They have proposed to move the existing house which has been converted into classrooms onto the adjacent property. Chairman Clinton asked whether the parking area shown was all hard surface. Attorney Truman Smith was present to represent the plan. He said, regarding the shortage of parking spaces, that approximately one-half of the attendance is brought by bus. Ernest Jacks asked whether there is a possibility of getting an agreement with the shopping center owner across the street to permit the church to use the shopping center parking lot. Mr. Smith said giving the additional 5 ft. along Ray Avenue would present a problem because 12-5-72 .6. if they have to deed 5 ft. of this property it would push everything over 5 ft. and would further lower the number of parking spaces they would have. M. V. Parker, Jr., also representing the plan, asked whether the 5 ft. could be given as a street and utility "easement" so the setback of parking would not be altered. The representatives of the church said they have been using the shopping center parking lot for some time. They were told that the Planning Commission has the authority to approve the use of off-site parking within 300 feet of the church, but that a letter has always been required giving the owner's consent. Mr. Smith said if this could be done, and the Planning Commission approve the off-site parking, they could close the westernmost driveway onto Highway 16. He said they wanted permission to move the existing building to the back side of the property to use for classrooms during construction. Helen Edmiston moved that the plan be approved on the following conditions: (1) Five ft, be given for the future widening of Ray Avenue; (2) A letter of confirmation be submitted on the use of off-site parking; (3) Eliminate the westernmost driveway; (4) Submit an affidavit that the relocation of the house on the rear of the property will be temporary and will be removed after construction is completed. Dr, Brown seconded the motion which was approved unanimously, The last item on the agenda was a request by Bobby Ray Johnson to build on a portion of property now owned by Charles Bickford. The Planning BOBBY RAY JOHNSON Commission had granted Mr. Bickford a variance from the Subdivision Req r uirements APPEAL to permit him to build a house on his property provided he dedicated right. SUBD. REGS. of -way to extend Yvonne Street across his property, Mr. Johnson requests permission to build on the southern portion of the Bickford property isolated from the balance of the property when the street dedication was made, The Planning Administrator would not approve the permit without Planning Commission approval. Ernest Jacks said that although there is a street dedicated here, there is not an improved street bordering this property. Mr. Johnson said he would bring the street up to existing standards; however in answer to a question from Mrs. Edmiston about what he meant by existing standards, he replied he would bring it up to the same improvement as the rest of Yvonne Street which is gravel. City MAnager Don Grimes said he wanted Mr. Johnson to understand that if that street is ever paved, he will have to pave it himself. The City will not pave it. Al Hughes moved to approve the request and Helen Edmiston seconded the motion, City Manager Don Grimes asked Mr. Johnson what he planned for water and sewer service, Mr. Johnson said Mr. Bickford ran his own water line and he planned to tie onto that and that there is no sewer. Chairman Clinton said he saw no real justification to approve this and no strong justification to disapprove it. City Manager Grimes requested the Commission continue this matter so they could get a drawing that would show where the water lines are. In accordance with this request, Helen Edmiston withdrew her second and Al Hughes withdrew his motion to approve. Al Hughes moved to continue this matter until the l9th and to get these questions answered. Helen Edmiston seconded the motion which was approved unanimously, The meeting was adjourned at 6:23 P,M9 '401 F�O T TION PC 72- 36 WHEREAS, pursuant to the Frovisions of the Code of Ordinances of the City of Fayetteville, Arkansas, the City 11larmin.. Com ssion held a public F_ ini hearing on the following rezoning petitions, Tuesday, December 5, llq"J�5 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; avid WHEREAS, after the public hearing, the Planning Commission voted to make recommendations to the Board of Directors on the following rezoning petitions, NOW, THEREFORE, BE IT RECOM!�E0ED BY THE CITY PLANNING COT-1MISSION TO THE BOARD OF DIRECTORS Or" TIE CITY OF FAYETTEVILLE, ARYA1ZIAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning the following tracts of property as hereinafter indica�ed: PETITION NO� R72-41: The petition of Gertrude Flynn for property located on the South side of Highway 45 East approximately J�mile East of Highway 265, more particularly described as: Part of the NEEJ of the avll of Section 1, T -16-N, R-30-:9, described as follows: Beginning on the South line of right-of-way of Highway 45 at a point 219.1 feet West and 620.7 feet North of the SE corner of said 40 acre tract and running thence South 620.7 feet to the forty line, thence with the forty line West 325 feet; thence North 100 feet; thence West 108 feet; thence South 100 feet; thence West 216 feet,s thence North 0*341 West 367.4 feet to the right-of�4ay of Highway 45; thence along said right-of-way Northeast 700 feet to the point of beginning. From R-1, Low Density Residential District, to A-1, Agricultural District, PETITION NO, R72 -U: The petition of Johnie Bassett for property located on the East side of North C . ollege Avenue and South of Rolling Hills Drive, more particularly described as: Part of the West One-half of the NE14 of Section 35, T 17-N. R -30-W of the 5th P.M., described as follows: Beginning at a point 1303 feet South of the 11, corner of said 80 acre tract, and running thence South 327 feet; thence North 780 West 410 feet to the Ue S. Highwa.v 71; thence Northep.5terly along said highway 327 feet, more or less, to the S4 corner of the property previously deeded to Max Cox, thence Southeast to the point of beginning, containing 2.7 acres, more or less. From C-2, Thoroughfare Commercial District, and R-1, Low Density Residential District, to C-21 Thoroughfare Commercial District for the entire tract. PETIT )N NO, R72 -4h: ie petj.tj,�lri ol Paul Young, III for prope:7ty located on the East side of Old YlissoL i Road immediately North of thi-.. Butterfield School property, more particularly described as: Part of the NE4 of the NWI'; and Part of the NW4 of the IMI of Section 36, T -17-N, R -30-W. starting at the SE corner of the NEII; of the NA, of Secticn 36, thence West 504.6 feet; thence North 4'451 East 731 feet to a point on the East side of Old Yd3souri Rnad, said point being the MW corner of the public school property and the p..nt of begLaning, to -wit: Ru&Lning thence North 4'451 East, 478-16 feet; thence t 73?.5 feet to the pcint East 685 feet; 'thence South 475 fcot; 'U'lice Wes' of beginning, beJaw approximately 7.7 acrcs. From R-1, Low Density Residential District, to A-!, Agricultural District. 0 SECTION 2* That the Fetitions requesting the rezoning of the following tracts of property be denied: PETITION NO, R72-46: The petition of Edward Le Skelton for property located on the South side of Deane Street and East of Lewis Avenue, more particularly described as: Part of the So114 of the SE14 of Section 5, T -16-N, R -30-W, more particularly described as: Beginning at a point 685-74 feet East and 217.8 feet North of the SW corner of said 40 acre tract, and running) thence East 81.5 feet, thence North 112.2 feet more or less, to the centerline of Deane Street, thence West along the centerline of Deane Street 81.5 feet thence South 112a2 feet to the point of beginning. ALSO I Part of the SW -4' of the SE4 of Section 5, T -16-N, R-30-44, being more particularly described as follows: Beginning at a point 675-74 feet East of the SW corner of said 40 acre tract and running thence East 10 feet; thence North 300 feet more or less to the South line of Deane Street, thence West lYfeet; thence South 300 feet more or less to the point of beginning. ALSO, Part of the SW14 of the SEk Of Section 5, T -16-N, R-30-1-1 being more particularly described as follows, oBeginning at a point which is 685*74 feet East of the Sid corner of said 40 acre tract and running thence East 81.5 feet; thence North 217.8 feet; thence West 81.5 feet; thence South 217*8 feet to the place of beginning, From R-1, Low Density Residential District, to R-2, Medium Density Residential District. PETITION' NO, R72-47: The p tition of Oliver W. Ostmeyer for property located at 701 North College Avenue, more particularly described as: Lot 5 and the South 25 feet of equal and uniform width of Lot 4, Block 17, in A. T �. Trent's Revised Plat of City Park Addition to the City of Fayetteville. From R-0, Residential Office District, to C-2, Thoroughfare Commercial District, PASSED AND APPROVED this . 5th day of December �p 19724 APPROVED: ROY CLINTON CFAIRIMA? P N