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HomeMy WebLinkAbout1972-12-19 Minutes0 MINUTES OF A PIANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, December 19, 1972, in the Directors Room, City Administration Building, Fayetteville, Arkansas, Members Present: Dr. Walter Brown, Christine Childress, Donald Nickell, Roy Clinton, Al Hughes, Helen Edmiston, Ernest Jacks, Members Absent: John Maguire, Morton Gitelman, Others Present: Bobby Ray Johnson, F. E. "Bud" Brown, Thomas Burke, Mr. Boaz, Mr. Hale, Guy Brown, Marie Eoff, George Handy, B. A. Shamblin, Donald Grimes, Glenn Will, Bill Parette, Allan Beauchamp, Emily Tompkins, Harry Vandergriff, Jim Wisman, Jinr.� Witt, Ben Herrell, Bobbie Jones, Chairman Roy Clinton called the meeting to order. The Chairman called for approval of minutes of pr I evious meetings. Ernest Jacks said that in the December 5. 1972, Planning Commission Minutes, during the discussion on Rezoning Petition R72-44, Paul Young III, that Mr. Young had stated that the proposed street shown on the property being rezoned would align with Stubblefield Road. Mr. Jacks said this street would not align with Stubblefield Road, but that the minutes were correct in showing that Mro Young had made that statement. The minutes of the November 28, 1972 and the December 5, 1972 Planning Commission Meetings were approved as mailed. MINUTES The Commission continued consideration of a request by Bobby Ray Johnson to build on a portion of property now owned by Charles Bickford. This BOBBY RAY JOHNSON matter had been continued from December 5, 1972, in order to obtain Yvonne Street further information from the City Engineer's office. The property lies South of Old Wire Road and abutts the East end of Yvonne Street, Mr. Johnson was present. Mr. Johnson said he wanted to tap onto the 6 -inch water main which ends at the North side of the old dedication for Yvonne Street where it abutts Mr. Bickford's property. He said he hoped sewer would be available before he gets ready to build. The City Engineer had recomm nded no more development here until the street is paved and the utilities installed. Bobbie Jones said the Planning Office is concerned about how this would affect the policy of the Board of Directors and Street Department that any improvement on a dedicated right�of-way must be to minimum street standards. Chairman Clinton agreed the street is a problem but did not think the street would be improved until there are people there who want to get a street built. Ernest Jacks moved to grant the request contingent upon adequate percolation tests being run and approved by the County Sanitarian. Al Hughes seconded the motion. Dr. Brown said he would support the standing of the City Engineer, Paul Mattke. When the vote was taken, Nickell. Clinton, Hughes, Jacks, and Edmiston voted "Aye"; Childress and Brown voted "Nay". The motion carried, The Commission considered an appeal by Fo E. "Bud" Brown for continuation F.E."Bud"BROWN of a conditional use granted by the Planning Commission February 1. 1972, 1400 Harold to have a real estate sales office in his home at 1400 Harold Street. The Cond. Use, temporary conditional use granted expires January 16, 1973. Planning Commission 12-19-72 .2. Mr. Brown was present, There was no one present to oppose the request, Ernest Jacks moved to approve the continuation of the conditional use for a period of 12 months. Helen Edmiston seconded the motion which was approved unanimously, The Commission considered an appeal by Southwestern Bell Telephone SIWESTERN BELL ComparW for a conditional use to install a 75 ft. tell microwave tower TELEPHONE COMPANY on Lot 4, Kenilworth Addition (at the South end of Kenilworth Avenue.) Microwave Tower The request was represented by Thomas Burke, Attorney, Mr. Boaz and Kenilworth Ave. Mr. Hale. Mr. Burke said this has all been tested abd that there will be no interference with arW other microwave systems. It will comply with applicable rules of F.A.A. and F.C.C. The only utility service needed is electrical. Ernest Jacks said the electrical company has requested a 10 ft. easement along the South property line. Mr. Burke said they were agreeable to all these recommendations, This tower will be the last in a series of nine to connect with Little Rock, Arkansas. It is necessary to have them on a site location so one tower will be in line with another. They plan suitable fencing and plan to maintain it in a fashion acceptable to the area. He said the test tower had been over 200 feet tall because it,�.was necessary to determine what height was necessary for the permanent tower. This will be a 75 ft. tower with an antenna and a light on top. It will be 93 ft. to the top of the light. Donald Nickell asked about guy wires and was told that this tower would have no guy wires. Chairman Clinton asked if there were persons present to oppose this request. Guy E. Brown, 500 Sequoyah Drive, asked what the present height of the present tower is, Mr. Burke said they do not presently have one up. Marie Eoff, 608 Crest Drive, said that she has a ham radio tower and a TV antenna up. When they bought the property it had about 7 towers on it. They removed all but one and later put the TV tower up. Guy E. Brown, asked what the size of the base and top of the tower would be. He was told it would be on a base 10 ft. by 10 ft, set in concrete piers to anchor it. It will be an A -type tower tapering to the top; the representative was unsure of its diameter at the top. Mr. Brown asked what would be on top and was told there would be one horn type antenna on top and another lower, both facing East. Guy Brown objected to this in a residential district. Mr. Burke told his this is a use that is allowable in a residential zone. He said it is not a question of deliberately choosing to go in a residential district, but that this just happens to Line up with the tower in Benton County, Guy Brown said he had talked to several of his neighbors and they do not like to see aerials. Mr. Burke mentioned several people he had talked to who thought this was a better use than what is being made of the property now or what could be built there under the regulations. George Handy, 508 Sequoyah, said that a similar arrangement was to have been made on Mt. Sequoyah and it was voted down. B* A. Shamblin said he thought the test tower had alarmed everyone. He thought a good many people who had noticed the test tower would not be able to see this tower. It will simply clear the trees to the East. Marie Eoff requested an explanation of how they plan to landscape it. Mr. Burke said he was not in a position to say but that it would be maintained as the telephone company does on all its property and thy would work with the residences up there, Donald Nickell made a motion that the request be permitted. Christine Childress seconded the motion, Dr. Brown said he was opposed to it and thought it was a bad location. When the vote was taken, Nickell, Childress, Clinton, Hughes, Jacks, and Edmiston voted "Aye; Brown voted "Nay". The motion carried, Planning Commission 12-19-72 -3. The Commission continued the public hearing on Rezoning Petition PETITION R72-48 R72-48, Glenn Will, to rezone property located on Sunrise Mountain GLEN WILL Road from A-1, Agricultural District, to R-1, low Density Residential Sunrise Mountain District, which had been continued from December 5. 1972, to allow a meeting between the Subdivision Committee, the City Manager, and Mr. Will. City Manager Donald Grimes said that he had met with Mr. Will but had not considered it necessary to take up the Subdivision Committee's time, He felt that the responsibility of determining that the lots will support a septic system before they change hands should be on Mr. Will. He requested that prior to rezoning the lots in question, the lots be verified that they will support a septic tank. Mr. Will said he was agreeable to this. Al Hughes asked Bill Parette, County Sanitarian, who was qualified to make a percolation test, Mr. Parette said the City can do it or it can be done by a registered engineer, He explained haw a test is made and said that a core drill is also required. Chairman Clinton said that if the Commission approved the rezoning, it would be Mr. Will's responsibility to see that he has a percolation test on each lot and the Planning Office responsibility to see that this is done before it goes to the Board of Directors, He said he did not like the streets out there, did not like the way it came into the City, etc., and that before final approval can be granted by the Board of Directors, we must have percolation tests on both lots, There was no opposition present. Ernest Jacks moved the rezoning Petition R72-48, Glenn Will, be approved contingent upon percolation tests and conditions outlined by Mr. Grimes which Mr. Will has agreed to fulfill. Dr. Walter Brown seconded the motion which was approved unanimously, The Commission considered an appeal by Alan Beauchamp for a conditional ALAN BEAUCHAMP use to permit development of tennis courts and related facilities on Hwy, 265 property North of Old Wire Road and West of Highway 265. Mr. Beauchamp Conditional Use was present. Ernest Jacks said he approves of the idea, but before any development is done it would require a plan be submitted. Mr. Beauchamp said he just wanted to have the right to use the property for tennis courts and related facilities before he bought the property, He agreed to come back to the Commission for approval of specific locations. Emily Tompkins, Old Wire Road, thought this sounded like a commercial development. Mr. Beauchamp stated he did not want anything except tennis related facilities. Chairman Clinton told him that each time he made any changes he must come back before the Commission for approval. Dr. Walter Brown moved to approve the conditional use request on condition he comes in with a large scale development plan because he thought we needed a facility like this. Ernest Jacks seconded the motion which was approved unanimously, The next item was a request by Fayetteville School District #1 to FAYETTEVILLE SCHOOL permit placement of school security offices on three school sites*, DISTRICT #1 Woodland Junior High School; Fayetteville High School, East Campus; Security Office; and Ramay Junior High School. This involves a conditional use as well7' as a parcel of land larger than one acre. Superintendent Harry Vandergriff was present, He said Pulaski County has set trailer pads and furnished utilities and people who own mobile homes have moved onto, the property and served as security officers. The Schools have had trouble with vandalism and 5 schools were broken into the previous week�end, 0 Planning Commission 12-19-72 .4- The loses have not been great so far but the School�s main concern is fire. They plan to place mobile homes in areas where they would be hidden from the view of the public, They propose to be located on the Southwest side of the High School; away from the street at Ramay; and in a place where it couldn't be seen from the street at Woodland, Dr. Brown asked how this would improve security more than having residents across the street from the schools. Mr. Vandergriff said they are usually broken into from the rear. He said the people would not patrol the property as he expected their mere presence to be effective enough. Jim Wisman, 1923 Woodland Street (?), asked if there are not effective entrance alarms available. Mr. Vandergriff said there are such systems available, but they are quite expensive. They do plan to start a system of electronic surveilance sometime, Mr. Wisman said he was not protesting. He was not in favor of mobile homes'as he could see every commercial enter- prise requiring a house trailer to protect their property. Mr. Vandergriff said he saw no other solution at this time as they can't afford electronic surveilAnce equipment. Dr. Brown asked if this is meant to be a temporary measure and was told it is, There was further discussion about the cost and manner in which the elec�ronic systems work, Mr. Vandergriff requested approval of the mobile homes through June, 1975. Dr. Walter Brown moved to approve the request as a temporary measure through June, 1975, then if they do not have electronic devices installed they will have to come back before the Commission. Christine Childress seconded the motion which was approved unanimously, The Comiesion considered a request for a Certificate of Occupancy BEN R, HERRELL to occupy a building formerly occupied by City Lumber Company and City Lumber Co. submitted by Ben R. Herrell, Administrative Management, Inc., referred Appeal from P.O. to the Plaming Commission by the Planning Office. Mr. Herrell and Jim Witt were present. Dr. Walter Brawn said the reason he voted to approve the large scale development plan for City Lumber Company was because Mr. Witt said he would tear the building in question down, Mr. Witt said he is waiting to tear the building down until the Arkansas Highway Commission tells him what to do regarding driveways, etc. Mr. Herrell had agreed to move out whenever Mr. Witt heard from the Highway Department. Chairman Clinton asked if parking had been checked on this, Bobbie Jones said the plan submitted had been checked and showed sufficient parking. She did not know whether it had been checked on the ground since construction. Mr. Merrell told the Commission that -the wanted to occupy the building for the next 16 or 18 months at the most , and would vacate it when Mr. Witt asks him to. Both Mr. Witt and Mr. Herrell agreed the building would be vacated when the Highway Department tells Mr. Witt where to put entrances and how the grade would be changed. City Manager Donald Grimes said that when the Highway Department gets ready to widen the highway, the responsibility to purchase the property will be on the City and he did not think the City should have to purchase right-of-way and the building if a promise has been made to renave the building. Mr. Witt said the building will be removed at no cost to the city* Chairman Clinton said that if the Commission decides to let Mr. Merrell rent this building with the understanding that the City is not purchasing the building but would just purchase the right-of-way, that they set a time limit of li years or when the City has to buy the right�of-way whichever is sooner. I* Planning Commission 12�19-72 .5� Ernest Jacks moved to approve temporarily the change in City Lumber Company's large scale development plan for a period of 16 months or until such time as the City desires to acquire that land. Donald Nickell asked Mr. Witt if he would sign a letter saying that he would tear the building down. Helen Edmiston seconded the motion and asked for a letter to the effect that the building would be torn down as agreed upon earlier. The motion was approved unanimously, The Commission considered a recommendation by City Attorney David AMEND BY -JAWS Malone that the Planning Commission By-laws be amended.,to state that it takes the majority of the full Commission or 5 votes to effect action rather than a majority of those present, The Commission also felt the meeting time should be changed to 4:00 P.M. in the By�laws, Dr. Walter Brown moved that the By-laws be changed to conform to the State law as to number of votes required to take action and also as to the regular meeting time. Helen Edmiston seconded the motion, which was approved unanimously. The Planning Administrator was asked to have the City Attorney draft the changes, The meeting was adjourned at 5:45 P -MV I�q RESOLUTION PC 36al-72 WHEREAS, a discussion was held by the Fayetteville Planning Commission Tuesday, December 19, 197?e WHEREAS, after the discussion, the Planning Commission voted to amend the By -Laws to state that it takes the majority of the full Commission or 5 votes to effect action rather than a majority of those present. The meeting time also was changed to 4:00 P.M. PASSED AND APPROVED this 19th day of December 1972* APPROVED: ROY CLINTON, Chairman 11 0 0 RESOLUTION pr, -7.;Z — 37 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, Decei;ber 19, 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 a recommendation to the Board of Directors on Rezoning Petition R72�48, Mr. GiL?kn Wil I* NOW THEREFOREs BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF RAYETTEVILLE� ARKANSAS, SECTION 1. That an ordinance be adopted for the purpose of rezoning A-lj Agricultural District to R-1, low Density Residential District said real estate, LEGAL DESCRIPTION: Lot 9, Block "BIT in Sunrise Mountain, a subdivision to Washington County, Arkansas, and part of the NW41, NE� and a part of the SWk, NEk of See. 322 T -16-N. R-30�W. and being more particularly des- cribed as follows, to�wit: Beginning at the NW corner of Lot 9, Block "BIT in Sunrise Mountain, and running in a Northwesterly direction with the westerly line of a street to the SE corner of Lot 1. Block "BIT of said subdivision; thence West 10 feet; thence South 290 feet more or less, to the North line of a tract of land conveyed to Charles E. Bilyeu, in Book 761 at page 291 of the records of Washington County, Arkansas, thence East 10 feet, more or less, to the NE corner of said Bilyeu tract; thence South 50 feet; thence East 150 feet; more or less to a point on the West line of said Lot 9 in Block "BIT; thence North along the west line of said Lot 9. 155 feet; more or less, to the point of beginning. SECTION 2. That the above-described property be rezoned from A-1. Agricul- tural District to R-1, low Density Residential District so that the petitioner may use the property residentially, PASSED AND APPROVED this . /Zow day of 1972a APPROVED: ROY CLINTON, Chairman 0