HomeMy WebLinkAbout1973-01-02 Minutes•
The Fayetteville
in the Directors
Members Present:
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MINUTES OF A PLANNING COMMISSION MEETING
Planning Commission met at 4:00 P.M., Tuesday, January 2, 1973,
Room, City Administration Building, Fayetteville, Arkansas.
Dr. Walter Brown, Christine Childress, Morton Gitelman,
Roy Clinton, Al Hughes, Helen Edmiston, Ernest Jacks, John
Maguire.
Donald Nickell.
Gordon Houston, Larry Wood, Margaret Jones Bolsterli, Raymond
Nelson, Roy Simpson, Mrs. Joe Guinn, Peg Anderson, Rev. Edward
Salmon, Jack Groh, Russell Benedict, Xzin McNeal, Gordon McNeil,
Charles Scharlau, Lenore Swearingen, Waymon Halbrook, Lynn
Benedict, Victor Watts, Robert Johnson, Lloyd Warren, Wilbur
Watson, Cy Carney, Jr., Pat Tobin, David McWethy, Pete Young.
Chairman Roy Clinton called the meeting to order.
Chairman Clinton opened the public hearing on Rezoning Petition R72-45,
Gordon Houston, to rezone property located at 2241 South School Avenue from
R-1, Low Density Residential District, to C-2, Thoroughfare Commercial PETITION R72-45
District. GORDON HOUSTON
Larry Wood presented the Staff Report. 2241 S. School
Gordon Houston was present and stated he had nothing further to add to
the Staff Report. There was no opposition present. The public hearing
was closed.
Helen Edmiston moved to recommend to the Board of Directors that
Petition R72-45, Gordon Houston, be approved. Christine Childress
seconded the motion which was approved unanimously.
Chairman Clinton opened the public hearing on Rezoning Petition R73-2,
Fayetteville Planning Commission, to rezoneproperty located West of Razorback
Road, North of Hotz Drive, East of Thomas Avenue and Oliver Avenue, and PETITION R73-2
South of Cardwell Lane, from R-3, High Density Residential District, to PLANNING COMM.
R-1, Low Density Residential District. Oliver, Thomas,
At the request of Chairman Clinton, Larry Wood reviewed the report he had Hotz, Razorback,
given the Planning Commission on November 7, 1972, following a study of & Cardwell
this area. He had reported to the Planning Commission that some dezoning
was in order in the area and gave 5 reasons why single family should not
face into high density. He said the Planning Commission had advertised
on its own a public hearing to dezone the entire area with the idea of
bringing out which parts, if any, should be dezoned.
Chairman Clinton invited comments from those in the audience who were
in favor of the dezoning.
John Maguire arrived.
Margaret Jones Bolsterli, 333 Smith, was in favor of rezoning to R-1
because it is essentially 4 single family area. She said she had bought
her property with that unddrstanding and was not aware when it was changed.
She said this is the type of community she desired to live in.
Raymond Nelson, 1515 Cardwell, asked what the position of the University
of Arkansas is on the property North of Maple Street.
Roy Simpson, 409 Oliver Avenue, said he had talked to Ray Trammell with
the University, and felt that the fact he was not present showed that he
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did not oppose the rezoning. They are not confined by the City's regulations
and Mr. Trammell told Mr. Simpson it would not matter if the line was put
on Razorback Road.
Mrs. Joe Guinn, 1704 Halsell Road, said Mr. Trammell had told her they favor
R-1 zoning because it would offer protection to the University of Arkansas.
They presently have no plane for this area.
Chairman Clinton introduced a letter from Hartman Hotz requesting that the
Hotz property on the South side of Cardwell Lane be removed from the rezoning
petition and that the property remain R-3.
Xzin McNeal, 1520 West Maple, said he was very much interested in the
rezoning taking place for the benefit of all the people but particularly
was interested the wooded area being rezoned. He wished to keep the
property low density housing.
Mrs. Robbin Anderson, 1599 Halsell Road, said that when they purchased
their property they were under the impression it was zoned R-3; however,
she cited two reasons for rezoning back to R-1: 1) It is much better
for R-1 to face each other, 2) The topography on Oliver Avenue makes it
impossible to work out parking situations.
Rev. Edward Salmon, 1623 West Maple, felt the burden of proof should be to
show why it was ever zoned R-3 in the first place.
Jack Groh, 324 Hornsby Drive, said the problem of parking is particularly
important to him. He had noticed in the past that the parking lots already
existing in his neighborhood were developed by simply leveling the hills and
putting water soluble asphalt on them which drains down the hill in the heavy
rains.
Mrs. Joe Guinn said this is an extremely sharp hillside.
Russell Benedict, 535 Oliver, said he would like to see it changed to R-1
for most of the reasons already given, but as an alternative suggested the
area be split North and South at the alley with the portion on Razorback
Road being zoned P-1, Institutional District, and the remaining portion`
going to R-1.
Gordon McNeil, 629 Gray Avenue, said that because of the steep hill, there
is an inevitable tendency to put cars up on the street when the weather
looks bad. The students do this. Fire lanes are blocked. If there were
multi -housing, the danger would be significantly different with that type
of parking.
Chairman Clinton invited those in the audience opposed to the petition to
speak.
Charles Scharlau, 410 Oliver Avenue, said he understood how his neighbors
felt about having a buffer strip between them and multi -housing, but that
this was rezoned and made R-3 in 1970. He did not petition for this R-3
and didn't know how it came about, but he thought it was rightly so. If
we are going to have a university that is going to be growing, we obviously
need a place to house them and the professors and others. He thought this
area ideal for multi -housing because it is easily accessible to the University
and within walking distance. He said there has been a "flavor" of multi -
housing in the area. He assumed the University had housing in mind for
what they have acquired He disagreed with Larry Wood's recommendation
for a dividing line North and South along the rear property lines. He said
the nature of the area dictates multi -housing and the zoning should stay
as it is.
Lenore Swearingen, 1512 North "E" Street, Fort Smith, owns the property
directly outside the subject area and said her property is very much affected.
It has been her parents home and she wants to either live there herself
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someday or turn it into a memorial to her parents. She said although this
is within walking distance to the University, people do not walk today.
She felt there was a danger of overloading the public services with multi -
housing.
Mrs. Robbin Anderson said that they own apartments in the R-1 district,
but that they have 4 apartments on 21 acres which is not high density.
Waymon Halbrook, 476 Oliver Avenue, asked that if his property is dezoned,
the property adjoining his also be dezoned. He preferred his property
not be dezoned and felt the other people should have a say on howheir
property is zoned.
Rev. Salmon did not think it a valid assumption to think that land close
to the University is going to become apartment dwellings. He said he
preferred to be at the mercy of the University than private developers.
Dezoning would protect the University and the property owners from the
commercial aspects.
Lynn Benedict asked why the zoning was changed to R-3.
Chairman Clinton explained this had probably developed from a petition to
rezone property on Cleveland Street for a sorority and a special zone being
created for sororities and fraternities. He recalled the land use plan
adopted in 1970 forcast this as dormitory and heavy density apartments inj
the future, but did not recall the actual zoning change.
Ernest Jacks said that in the preparation of the General Plan they had
realised that there really wasn't any land zoned for fraternities. They
felt this was a logical area but the exact lines were set by the City
Planner at that time.
Roy Simpson said this is not a very good place for dormitories and multi -
housing.
Al Hughes said he understood that the Commission was trying to determine
• whether the boundary for the R-1 should be along Oliver Avenue or along
the backs of those lots facing Razorback.
Victor Watts, 1619 West Maple, said he was one of the people who went
there when this area was country. It has not been subdivided, so they
are not protected by covenants. They have gone before the Council about
every two years to protect the area. They would like to continue to use
theirs for agricultural purposes. He did not think multi -housing should
be built and then force the University to purchase multi -housing if they
need the property.
Robert Johnson, 1634 Hotz Drive, asked if any of the property under consideration
was included in the covenants for Hotz Addition. The Commission did not know.
Lloyd Warren, 1520 Markham, said he was not in the subject area, but felt
multi -housing here would have an impact on his residential values. He would
like to see the area R-1.
Dr. Walter Brown attempted to determine whether the owners of certain properties
in the area were represented.
One man asked 'by all the City maps show Halsell Road going through to
Razorback. He said it does not and he did not think it is even dedicated'
all the way through. Someone else said they felt there was some merit
for multi -housing or even commercial on Razorback, but felt it would be
more suitable in the level areas North or South of this area.
Dr. Walter Brown moved to r.ecammend to the Board of Directors that the
entire area under Petition R73=2 be zoned back to R-1, Law Density
Residential District. Christine Childress seconded the motion. Chairman
Clinton said he could not vote because of a minor conflict of interest.
When the vote was taken, Brown, Childress, Gitelman, Hughes, Edmiston,
Jacks, and Maguire voted "Aye"; Clinton abstained. The motion carried.
Planning Commission
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The next item on the agenda was a conditional use request submitted by CONDITIONAL USE
Wilbur Watson to permit a duplex at 565 Fallin Avenue and in the R-1, REQUEST FOR DUPLEX
Low Density Residential District. WILBUR WATSON
Wilbur Watson was present. Chairman Clinton asked Bobbie Jones what 565 Fallin Ave.
the lot size is. It is 50 ft. wide and contains 6,500 sq. ft.
In answer to questions, Mr. Watson told the Commission that he owns
the house next door to this one also. It is a rental house and he
wants permission to rent a 9 ft. by 16 ft. one room efficiency apartment
in addition to a family unit in the house. There are separate baths,
the efficiency apartment is already there in non-compliance with the
regulations. The efficiency apartment has been established since the
adoption of the present regulations. Mr. Watson said in addition to
mailing the letters required by ordinance, he has personally contacted
all the adjoining property owners and none oppose the duplex.
Chairman Clinton told Mr. Watson and the other Commission members that
if the Commission approved the request they would not be approving the
size of the lot and he must still seek that approval from the Board of
Adjustment. Ernest Jacks said the only question for the Commission was
whether the area is suitable for a duplex. Helen Edmiston agreed. Chairman
Clinton said he did not want the Board of Adjustment to think that the
Commission has usurped the powers and duties of the Board of Adjustment
and that if it must go before the Board of Adjustment it is the decision
of the Board of Adjustment whether or not a variance should be granted.
Helen Edmiston said she felt this is a good location for a duplex, but
that she felt the lot size should be decided by the Board of Adjustment.
John Maguire moved that the conditional use request for a duplex be permitted.
Morton Gitelman seconded the motion. Dr. Walter Brown said he agreed it was
• a good place for a duplex, but he did not think it should be allowed on a
lot that small. Morton Gitelman said he would vote to approve the conditional
use, but that if he were on the Board of Adjustment he would turn it down on
the size of the waiver. Chairman Clinton asked if they desired to amend the
motion and second to make a recommendation to the Board of Adjustment. They
did not. He said the 12,000 sq. ft. lot area was built into the ordinance
to protect the people in the R-1 District when a duplex could go in R-1
indiscriminately.
The vote was taken. The motion to permit the conditional use was approved
with Childress, Gitelman, Clinton, Hughes, Edmiston, Jacks, and Maguire voting
"Aye", and Brown voting "Nay."
•
Dr. Walter Brown left the meeting.
The next item on the agenda was a large scale development plan submitted CY CARNEY
by Cy Carney for property located on 15th Street (Highway 16 By-pass). 15th Street
Ernest Jacks said the Subdivision Committee had looked at the plan and L.S.Devlopment
felt more information was needed. The developer proposes two buildings
and only one has been drawn in and the parking and driveway information
is not clearly legible. Chairman Clinton suggested that since the Plat
Review Committee had looked at the proposal and had not held up the
processing that the Commission might approve the plan if it, is so inclined
subject to a better drawing being made and subject to the Sub division
Committee approving the new drawing. John Maguire so moved; Morton Gitelman
seconded the motion, which was approved unanimously.
The next item on the agenda was a large scale development plan submitted P.J. TOBIN
by P. J. Tobin for property located at 46 East Township Road. Ernest Jacks 46 E.Township
L.S.Devlopment
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said the Subdivision Committee had looked at this plan and that the parking
and driveway information was not complete. He suggested the matter be
deferred until the next Planning Commission meeting. No action was taken
on this large scale development plan.
Ernest Jacks asked that the Planning Administrator not put matters such as
large scale development plans on the Planning Commission agenda unless all
the information needed and required is submitted.
The next matter on the agenda was a proposed change in the Planning Area AMEND PLANNING
Boundary. Bobbie Jones told the Commission that David Malone, City Attorney AREA BOUNDARY
had informed her that a public hearing would be necessary to change the
Planning Area Boundary Larry Wood said the purpose of this was to avoid
conflict between the water service areas and the planning areas of the
cities of Fayetteville and Springdale. Morton Gitelman was asked to check
on whether this would cause a problem with the State statutes.
Morton Gitelman moved to call a public hearing to amend the Planning
Area Boundary, Ernest Jacks seconded the motion which was approved unanimously.
The meeting was adjourned at 5:45 P.M.
•
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RESOLUTION PC 1-73
WHEREAS, pursuant to the provisions of the Code of Ordinances of the
of the City of Fayetteville, Arkansas, the City Planning Commission held a
public hearing on the fallowing rezoning petitions, Tuesday, January 2, 19739
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 Ithe Board of Directors on the following rezoning
petitions.
NOW, THEREFORE, HE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO
THE BOARD OF DIRECTORS GE 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. R72-45:
The petition of Gordon Houston for property located at 22!1 South School
Avenue, more particularly described as: Part of the NWt of the NEI of
Section 28, T -16-N, R -30-W, described as follows. Beginning at a point
1 -rod South and 12 sods East of the Northwest corner of said 40 acre tract,
and running,. thence South 15° West 403.25 feet for a place of beginning,
and running thence South 15° West 149 67 feet; thence East 258 feet equi-
distant from the centerline parallel with and 30 feet equi-distant from
the centerline of U. -Z. Highway No. 71, 89.61 feet, thence North 77° West
253 feet to the plane of beginning. From R-1, Low Density Residential
District, to C-2, Thoroughfare Commercial District.
PETITION R73-2.
The petition of the Fayetteville Planning Commission for property located
West of Razorback Road, North of Hotz Drive, East of Thomas Avenue and
Oliver Avenue and South of Cardwell Lane, described as: A part of the NEI
of Section 17, T -16-N, R -30-W and a part of the SEt of Section 8, T -16-N,
R -30-W, more particularly described as: Beginning at a point 20 feet West
of the Southeast corner of the SW
I of the SEI of Section 8; thence running
North along the West right-of-way line of Razorback Road to a point where
said West line intersects with the South right-of-way line of Cardwell
Lane; thence West along the South right-of-way line of Cardwell Lane to a
point where said South line intersects with the East right-of-way line of
Oliver Avenue; theraoe South along the East right-of-way line of Oliver
Avenue to a point mere said East line intersects with the North right-
of-way line of Halsall Road; thence South 350 feet, more or less, to a
point located on the North line of Lot 3 in Hornsby Addition; thence East
80 feet, more or less, to the Northeast corner of Lot 3 in Hornsby Addition;'
thence South along tle East line of Lots 3, 2, and 1 in Hornsby Addition
and South along the last right-of-way line of Thomas Avenue to a point on
the North right-of-kay line of Hotz Drive; thence East along said North
line of Hctz Drive to a point on the West right-cf-way line of Razorback
Road; thence North among the West right-cf-nay line cf Razorback Road to
the point of beginning From R-3, High Density Residential District, to
R-1, Low Density Resdential District.
•
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1
PASSED AND APPROVED this 2nd day of January , 1973.
APPROVED•
ROY CLINTON, CHAIRMAN
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RESOLUTION PC 2-73
WHEREAS, at a meeting held January 2, 1973, the Planning Commission
voted to call a public hearing to consider an amendment to the Planning
Area Boundary;
Nad, THEREFORE, BE IT RESOLVED BY THE FAYETTEVILLE PLANNING COMMISSION:
SECTION 1: That a public hearing be held on February 6, 1973, to
consider an amendment to the Fayetteville Planning Area Boundary.
SECTION 2: That the Planning Administrator is hereby ordered to
publish notice of said public hearing in a newspaper of general circulation
15 days prior to the date of said public hearing.
PASSED AND APPROVED this 2nd day of January , 1973.
APPROVED:
ROY CLINTON, CHAIRMAN
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