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HomeMy WebLinkAbout1973-05-08 Minutes• • The Fayetteville in the Directors Members Present: Members Absent: Others Present: MINUTES OF A PLANNING COMMISSION MEETING Planning Commission met at 4:00 P.M., Tuesday, May 8, 1973, Room, City Administration Building, Fayetteville, Arkansas. Ernest Jacks, Helen Edmiston, Al Hughes, Roy Clinton, Donald Nickell, Christine Childress, John Maguire Morton Gitelman (there exists one vacancy on the Commission). Ray White, David McWethy, Larry Wood, Walter Niblock, Kerry Schultz, Robert H. Hickson, R. Frank Sharp, Mrs. Thomas, Mr. & Mrs. Garvin Martini, Jim Lindsey, John Lisle, Bryce Davis, Ervan Wimberly, James A. Pennington, B. H. Unger, Ken Riley, Don Hunnicutt, Chairman Roy Clinton called the meeting to order. The minutes of the April 10, 1973 Planning Commission Meeting which had been mailed to the Commission members previously were approved as mailed. Chairman Clinton opened the public hearing on a proposed ordinance to amend Zoning Ordinance 1747 to declare a moratorium on building permits for lands covered under petition for rezoning. Christine Childress arrived at the meeting at 4:05 P.M. MINUTES AMEND ORD. 1747 Building Permit Moratoriums Chairman Clinton called for discussion on the proposed ordinance and asked if the filing time is clear enough. It was agreed that if the Planning Office stamps each petition with the date received the filing time is clear enough. Ernest Jacks questioned the 90 day period in the event a determination has been made on the rezoning petition in less than 90 days. It was felt a correction should be made to allow for this factor. There were no comments from the public. The public hearing was closed. Al Hughes moved to recommend to the Board of Directors that the proposed amendment to the Zoning Ordinance 1747 to declare a moratorium on building permits for lands covered under petitions for rezoning be corrected to cover a period "of no longer than 90 days" and that the proposed ordinance be adopted. Helen Edmiston seconded the motion, which was approved unanimously. Chairman Clinton opened the public hearing on Rezoning Petition R73-18, PETITION R73-18 Willis &. Co „ to rezone property located on the Northeast corner of WILLIS & CO. North College"Avenue and Davidson Street, from R-1, Low Density Residential Davidson St. District, to C-2, Thoroughfare Commercial District. & N. College Larry Wood presented the Planning Report. The West 200 ft. of this property is zoned C-2, Thoroughfare Commercial District; the property owner petitions to have the East 100 ft. also zoned C-2. Mr. Wood recommended R-0, Residential Office District. Walter Niblock, Attorney, represented the petition. He said the property owner would like to adopt the report of the planner. They only want to refurbish the parking lot and to use it for parking. They have no plans to build on this area. They plan to lease the existing building to the State for offices. Chairman Clinton invited comments from the audience. Robert Hickson, who lives on the South side of Davidson Street asked if R-O<meane;that a building could be constructed on the property or will it have to remain as parking? Planning Commission 5-8-73 -2- Chairman Clinton said they could build a structure housing a professional office in the R-0 District, but said he doubted they could build another building on this property and meet the parking requirements in the zoning ordinance. Mr. Hickson said that when they acquired it they apparently knew it was zoned residential and asked why they cannot improve the parking area the way it is now zoned. John Maguire arrived at the meeting at 4:20 P.M. Walter Niblock said the old Safeway building was built before the City had zoning laws. He said Willis & Company were aware of the zoning when they bought the property and that Safeway had used the property for years as a non -conforming use. Several other neighbors who did not identify themselves also had comments. They did not oppose the continued use of the parking lot, but questioned the necessity of rezoning in order to improve and use the parking lot and what other changes in use the R-0 zoning would permit There were no further questions. The public hearing was closed. Donald Nickell moved that Rezoning Petition R73-18, Willis & Company, be amended to rezone the property from R-1, Low Density Residential District, to R-0, Residential Office District, and that Petition R73-18 as amended be approved. Al Hughes seconded the motion which was approved unanimously. At the request of David McWethy, Chairman Clinton informed those present that all of the rezoning petitions recommended for approval by the Planning Commission at this meeting would be on the agenda for the Board of Directors meeting to be held May 15, 1973, and that anyone desiring a copy of that agenda should contact the City Manager's Office. He also announced that a later item on the agenda, the report to the Planning Commission on the Proposed Fayetteville -Springdale Transportation Plan, would be limited to that report, but that a public hearing will be held Monday, May 14, 1973, at 7:30 P.M., in the Central Fire Station on the proposed Major Street Plan. Chairman Clinton opened the public hearing on Rezoning Petition R73-19, R. Frank Sharp, to rezone property located on the South side of Highway 62 West and West of Smoke House Road from A-1, Agricultural District, to C-2, Thoroughfare Commercial District. Larry Wood presented the Planning Report which recommended denial of the petition. R. Frank Sharp and his office manager, Mrs. Thomas, were present to represent the petition. Mr. Sharp told the Commission of the history and growth of his business at its present location. He used slides to illustrate what he now has here, what his two outlets in Harrison and South of Mount Gaylor look like, and what he proposes for this loc4tion. He said the present location is not desirable because the road gets slippery in the winter, there is no sewer available to it, and the terrain limits expansion. He wishes to build a plant where the meat would be cured and smoked, the mail order operation could be carried on, a retail, outlet could be maintained, and where visitors could view through special glass hallways the processing. There was no opposition from the audience. John Maguire moved to grant Rezoning Petition R73-19, R. Frank Sharp, for whatever it takes to get him in business there. Helen Edmiston said she thought the business is a real asset to the Community -and seconded the motion. Chairman Clinton received confirmation from Mr. Sharp that the two houses existing on the property will remain under Mr. Sharp's proposal. Chairman PETITION R73-19 R. FRANK SHARP Highway 62 West & Smoke House Rd. Planning Commission 5-8-73 -3- Clinton said he was not sure whether the Board of Directors will go along with this. He said this is a controlled venture since it is over an acre and called it a processing plant with a minor retail business. • Donald Nickell asked what approval of this petition would do with the City's plan. A discussion followed as to whether the Board had adopted the changes in the Land Use Plan for Highway 62. It had been referred back to the Commission for some revisions; the Commission had tabled the matter April 10, 1973. Al Hughes asked about leaving a strip of residential along the Highway and just rezoning the area where they wanted to put their business Larry Wood said that where his recommendations show residential out to the Highway, he would in no way recommend commercial or industrial behind that. Christine Childress asked what Mr. Sharp planned to use until sewer service gets to the property. Mr. Sharp said the U.S.D.A. will not let him start an operation at a new location until he can get on sewer. A discussion was held on what zoning district was needed for the type of operation described. A vote was held on the motion to rezone Petition R73-19 to C-201aguire, Clinton, Hughes, Edmiston, and Jacks voted "Aye", Nickell and Childress voted "Nay." The motion carried. Chairman Clinton opened the public hearing James Baker, to rezone property located on Avenue from A-1, Agricultural District, to District. Larry Wood presented the Planning Report. There was no one present to either represent the petition. The public hearing was closed. Helen Edmiston moved to recommend to the Board of Directors that Rezoning Petition R73-20, James Baker, be approved. Christine Childress seconded the motion, which was approved unanimously. Chairman Clinton opened the public hearing on Rezoning Petition R73-21, Garvin E. Martini and Eleanor F. Martini, to rezone property located at 3535 North College Avenue from A-1, Agricultural District, to C-2, Thoroughfare Commercial District. Larry Wood presented the Planning Report. The petition was representedyby Attorney John Lisle, Garvin Martini and Eleanor Martini. Christine Childress asked what the property owner proposes to do about sewage. Mr. Lisle said there is no problem on sewage unless the land is to be developed. There is presently a house on this 5 acres and it is planned to use:it as an office. Chairman Clinton asked Larry Wood if it is his intent to leave enough';. setbacks to carry an access road along the front of this property. Mr. Martini said that Millsap Road is a half of a football field North of this property and there is no problem after you get to Millsap Road. There was no opposition present. The public hearing was closed. John Maguire moved that the Planning Commission recommend to the Board of Directors that Petition R73-21, Garvin E. Martini and Eleanor F. Martini, be approved. Helen Edmiston seconded the motion. The motion was approved unanimously. Chairman Clinton opened the public hearing on Rezoning Petition R73-22, PETITION R73-22 Helen T. Edmiston, to rezone property located on the Northwest corner of HELEN T. EDMISTOR Ash Street and Birch Avenue, from R-3, High Density Residential District, Ash & Birch to I-1, Heavy Commercial & Light Industrial District. Larry Wood presented the Planning Report. on Rezoning Petition R73-20, PETITION R73-20 the West side of East Farmer's JAMES BAKER R-1, Low Density Residential E.Farmer's Ave. the petition or to oppose PETITION R73-21 GARVIN E. MARTIN] & ELEANOR MARTINI 3535 N.College Planning Commission 5-8-73 -4- There was no opposition present. Mrs. Edmiston explained that this is a part of the property recently rezoned in this area, but that she had omitted these two lots from the legal description submitted by accident. The public hearing was closed. Al Hughes moved to recommend to the Board of Directors that Rezoning Petition R73-22, Helen T. Edmiston, be approved. Christine Childress seconded the motion. Jacks, Hughes, Clinton, Nickell, Childress, and Maguire voted "Aye"; Mrs. Edmiston abstained from voting. The motion carried. Chairman Clinton opened the public hearing on Rezoning Petition R73-23 PETITION R73-23 Bryce Davis - agent for Daniel B. Thomas and J. C. Calabria, to rezone BRYCE DAVIS, AGENT property located on the North side of Highway 16 West, approximately Thomas -Calabria one-quarter mile West of Highway 71 By-pass, to rezone from A-1, Agricultural Hwy.16 W. District, to R-1, Low Density Residential District, and R-2, Medium Density Residential District. Larry Wood presented the Planning Report and recommended R-2 for the South 180 ft. of the land petitioned to be rezoned to R-2 and recommended R-1 for the balance of the land under petition. He also recommended that the balance of the property under this ownership but not included in this petition be rezoned to R-2. John Maguire asked Larry Wood if his recommendations were based on the recent action by the City Board or if it is his own recommendation. Mr. Wood explained this is in line with the Board's action on the Thomas property to the East. Bryce Davis represented the petition. He said he did not mind accepting Mr. Woodts recommendation on the R-2 area if they can get duplex classification on the balance of the area they have requested for R-2. He said if the Commission is afraid they plan to come back and request commercial for the 600 ft. of property under this same ownership and not petitioned for rezoning, they have no such intention. Chairman Clinton said that the Commission cannot take action toward rezoning the area which was not advertised for rezoning. There was no opposition present. Donald Nickell questioned Mr. Davis about the possibility of getting an access road from this property out to the North to Mt. Comfort Road. Mr. Davis said Dr. Harris owns the property to the North and he understands he is not presently planning to develop it except as a residence. , The public hearing was closed. Helen Edmiston moved that the Planning Commission recommend to the Board of Directors that on Rezoning Petition R73-23, Bryce Davis - agent for Daniel B. Thomas and J. C. Calabria, that the South 180 ft. of the land under the petition be rezoned to R-2, Medium Density Residential District; that an additional 600 ft. running North be rezoned to R-1, Low Density Residential District, with conditional uses for duplexes; and that the balance of the land under the petition be rezoned to R-1, Low Density Residential District, for single family dwellings contingent upon Bryce Davis getting signatures of the adjoining property owners for the conditional use. Ernest Jacks seconded the motion. The motion was approved unanimously. Chairman Clinton opened the public hearing on Rezoning Petition R73-24, PETITION R73-24 Bryce Davis - agent for Daniel B. Thomas and J. C. Calabria, to rezone LBRYCE DAVIS, AGENT property located South and East of Highway 71 By-pass and North of the Thomas -Calabria Washington County Fair Grounds, from A-1, Agricultural District, to C-2, Hwy. 71 By-pass Thoroughfare Commercial District. Larry Wood presented the Planning Report. Bryce Davis represented the petition. Ernest Jacks asked if the property proposed for rezoning included the service road. Mr. Davis said that they Planning Commission 5-8-73 -5- would see to it that the service road is deeded to the City and that it will be built • Al Hughes moved that the Planning Commission recommend to the Board of There was no opposition present. The public hearing was closed. Directors that Rezoning Petition R73-24, Bryce Davis - agent to Daniel B. Thomas and J. C. Calabria, be approved. Helen Edmiston seconded the motion, which was approved unanimously. The Commission reviewed the proposed Final Plat of Strawberry Hill STRAWBERRY HILL SUBD. Subdivision submitted by MEJCO, Inc. for property off Old Wire Road Final Plat North. Ernest Jacks reported for the Subdivision Committee and said that there are a number of minor details that he did not think there is any question on whether they will meet the requirements of the Plat Review Committee on those. The big question is that they are asking not to be required to put in sidewalks. Chairman Clinton said that he has had a number of phone calls and letters on this question and that in each and every case they have been in favor of sidewalks. He said that the additional cost of the sidewalk is to be borne by the consumer, but the question, is when does the sidewalk go in --does it go in when the driveway is cut or prior to the sale of the lot? Al Hughes said that if you require the developer to put in a sidewalk, you are just creating a lot of expense on the part of everybody all the way down to the consumer. Construction traffic will break up even a set back sidewalk. He said he was not opposed to sidewalks, but that he is opposed to the timing as to when they are built. He said it has got to be the consumer's responsibility. Helen Edmiston said the people want sidewalks, but they do not want to pay for them. Donald Nickell felt they should be planned for. He questioned the timing on when they are put in and personally felt the sidewalk should be put in after the lot has been sold and the driveway approach has been planned. The average individual that buys a home pays it out over a period of time. After he pays a big down payment he does not have the money to come up with the cost of something else such as a sidewalk. Mrs. Edmiston and Mr. Hughes said that the local loan companies do not include the cost of sidewalks in their appraisal. John Maguire asked why it could not be restructured so that the subdivider could be held responsible for putting the sidewalk in later before it is accepted or the money held in escrow to put the sidewalk in later. He also said he thought through streets should have sidewalks. Ervan Wimberly with McClelland Engineers asked about the possibility of requiring the sidewalk to be built with the house. Donald Nickell said he felt the requirement for sidewalks should either be enforced or taken off the ordinance books. Attorney John Lisle suggested that Fayetteville accept the procedure of another city which shows the sidewalk on the final plat just as it shows the streets. When the property owner takes his deed, he takes it subject to having to build that sidewalk. The enforcement comes when it comes to turning on the utilities. He cannot get utilities or a Certificate of Occupancy until the sidewalk is built Chairman Clinton asked the Subdivision Committee, Larry Wood, and City Attorney David Malone to meet and study the possible restructuring of the sidewalk requirements and timing of construction. He felt that the provisions should be such that would require the sidewalks to be put in within 5 years i whether the lot had sold and been built upon or not. The Subdivision Committee had not made any recommendations on sidewalks on this particular subdivision. Planning Commission 5-8-73 -6- John Maguire moved sidewalks be required on en one side of the through streets, specifically on Lots 1 through 12, Block 1 and on Lots 5, 6, and 12 through 15, Block 4; to waive the sidewalk requirements on cul de sacs in this instance; and that the Final Plat of Strawberry Hill Subdivision be approved subject to the details listed in the Plat Review Committee. Al Hughes seconded the motion. Jacks, Hughes, Clinton, Nickell, Childress, and Maguire voted "Aye", Edmiston abstained. The motion carried. The Commission reviewed the proposed large scale development plan submitted-, by James A. Pennington, Pennington Construction Company, for property located on Township Road. Mr. Pennington was present. JAMES A. PENNINGTON Ernest Jacks reported that there were several factors here: (1) 20 ft. PENNINGTON CONST. additional right-of-way is needed for Township Road; (2) The Street Township Road Superintendent wants the drainage rip- rapped and dedicated to the City L.S.Development as a drainage easement so the City can maintain it; (3) Mr. Pennington must get a variance in front yard setback from the Board of Adjustment. Mr. Pennington said he would be agreeable to dedicate the drainage easement if Luther Flora would be. Ernest Jacks moved that the development plan be approved contingent upon Mr. Pennington being able to get a variance from the Board of Adjustment, that he work out the drainage question with the City Street Department, and that he dedicate the additional street right-of-way needed. Helen Edmiston seconded the motion, which was approved unanimously. The Commission again looked at the proposed large scale development B. H. UNGER plan submitted by B. H. Unger, 2431 Mt. Comfort Road which had been 2431 Mt. Comfort tabled April 10, 1973. Ernest Jacks said that Mr. Unger has filed an L.S.Development application to the Board of Adjustment and that the Planning Office believes the Planning Commission can approve this if he goes to the Board of Adjustment. Ernest Jacks moved that the Commission approve the large scale development plan of B. H. Unger contingent upon his being able to get a variance from the Board of Adjustment. Donald Nickell seconded the motion which was approved unanimously. The Commission considered the Preliminary Plat for Hyland Park, Phase I, a proposed subdivision and planned unit development to be located on HYLAND PARK, `PHASEI the East side of Crossover Road, submitted by James Lindsey and Frank Preliminary Plat Broyles. John Lisle and James Lindsey were present to represent the proposal. Ernest Jacks reported that additional right-of-way is needed for Highway 265 (Crossover Road), that Clayton Powell has requested several drainage structures and certain rip•rapping and dedication. He said the big question is how the density of the planned unit development area is to be calculated. Attorney John Lisle said that Mr. Lindsey would like preliminary plat approval so that(thiy could start on the single family portion of his development and that as soon as someone tells them what density they can have on the townhouse area they will start on that. He said it was his understanding that preliminary plat approval can be given subject to their meeting the regulations for planned unit developments. Mr. Lindsey said they had prepared and submitted a general drawing for the PUD area which does not even meet the requirements as to setbacks, etc. He said they know that between now and the time they ask for final approval for this they will be back several times. He said the City has requested a water tower and pump station site which they will have to give to the City. Bobbie Jones, Planning Administrator, said that City Engineer Paul Mattkechad) • Planning Commission 1 5-8-73 -7- said that without this development there is adequate water for household use but not for fire protection in this area and that this development • would not change this any. Without the water tower they do not and will not have fire protection. Mr. Lindsey said that the single family lots would not be any smaller than shown and that they would like the right to increase the size of these lots between now and the final plat. Ernest Jacks said he did not know why the Commission could not approve this preliminary plat contingent upon the developer meeting the requirements of the Plat Review Committee. He asked Mr. Lindsey if there was anything that came out of the Plat Review Committee that Mr. Lindsey would not. be able to do. Mr. Lindsey said there was not. He would like to move the location of the pump station closer to Highway 265, would like to put up a redwood fence along the lots bordering Highway 265 so the fencing there would be uniform, and would probably like to enclose the pump station site. Ernest Jacks moved to approve the preliminary plat of Hyland Park, Phase I, subject to the requirements of the Plat Review Committee. Helen Edmiston seconded the motion. Al Hughes asked Mr. Lindsey about sidewalks. Mr. Lindsey said they wished to comply. In areas where they are planning to put their recreation areas, they would be more than glad to put in sidewalks. The preliminary plat was unanimously approved. • Ken Riley, Director of the Northwest Arkansas Regional Planning Commission, gave a report to the Planning Commission on the Proposed Fayetteville- MAJOR STREET PLAN Springdale Transportation Plan. Chairman Clinton acknowledged the letters Report received from John G. Williams and Calvary Baptist Church concerning the Major Street Plan. Mr. Riley explained that this proposal was a culmination of a study and the efforts of representatives of the Regional Planning Commission, the City of Springdale, the County, the Arkansas Highway Department, and the City of Fayetteville. The policy committee had held a public hearing in March of this year at Woodland Junior High School. Subsequent to that meeting some revisions were made. Mr. Riley had copies of the 1960 Major Street Plan, the 1970 Major Street Plan, and the proposed Major Street Plan for comparison. He said the proposal recommended approximately 51 miles of arterial streets compared to approximately 55 miles shown on the existing Major Street Plan. They are recommending 36 to 37 miles of collector streets as compared to 52# miles existing. He said that some land use plans which have been made since the adoption of the 1970 Plan do not complement the Plan. One of the objectives of the proposed plan is to tie together the street patterns of Fayetteville and Springdale. Al Hughes asked about the proposals for Maple Street and Sang Avenue. Mr. Riley said they had originally shown Maple as a Major Arterial Street and had shown Lafayette as only a minor street. After the public hearing, they changed both streets and showed Maple as a collector and Lafayette as a collector. They felt that with improvements those two streets will carry the traffic load. They felt that a street of some type serving North-South movement generally in the location of Sang Avenue would be required as development takes place. Shifting it one way or the other is within the realm of this Major Street Plan. He pointed out other changes. Mr. Riley said the proposal allows for some shifting to take care of problems that might arise from terrain and other causes. Chairman Clinton said Fayetteville needs a plan that pinpoints the location of the streets when it comes to figuring setbacks and working with variance requests. The Commission reviewed a proposed large scale development plan for ARMSTRONG BROS. TOOL Armstrong Brothers Tool Company for property in the Industrial Park. Industrial Park Don Hunnicutt with Brennan Boyd Construction Company was present to L.S.Development Planning Commission 5-8-73 -8- represent the proposal. Ernest Jacks reported to the Commission that the plan shows some drainage • off-site which they should not be doing. Paul Mattke, City Engineer, had submitted a letter saying the proposed routing of drainage is unacceptable. The Street Department had also asked that it be changed during Plat Review. Don Hunnicutt said the plan was drawn according to the way Armstrong understood it should be. Mr. Jacks said some drainage structures were also requested. They need to make a note on the plan to the effect that sufficient parking will be furnished when the future building is built. The zoning ordinance requires certain kinds of landscaping in Industrial Parks. Mr. Jacks said he thought under the terms of the ordinance they would be conforming if they plant ground cover and make it dust free. Ernest Jacks recommended and moved that the plan be approved contingent upon the developer working out the drainage problems with the City Offices and that they show on the plans adequate parking for the future building. Helen Edmiston seconded the motion which was approved unanimously. Ervan Wimberly withdrew the two requests to waive sidewalks in Winwood II WINWOOD II SUBD. Subdivision and the Replat of Bird Haven Terrace for the time being. BIRD HAVEN TERRACE Chairman Clinton charged the Subdivision Committee to meet with David Malone SIDEWALKS and Larry Wood within the next two weeks to draw up a sidewalk agreement or contract to get some manner of implementing the requirements. The Commission would then decide whether to hold a public hearing. The Commission reviewed the proposed large scale development plan NWA DEVELOPMENT CO. submitted by NWA Development Company, Inc. for property on the East Millsap Road side of North College Avenue and North of Millsap Road. L.S.Development Ernest Jacks said that the City Engineer wants water and sewer brought through this property to serve this property and the property to the East. The City also needs a 5 ft. dedication for street widening of Millsap. Ervan Wimberly said that before the frontage road was built, the owner installed two 4 -inch taps to serve this. The land will stay in single ownership and these facilities will be leased to separate people. The objection on their part is that presently this tract of land is served by sewer and water.gf it were a subdivision plat they understand they would have to put in water and sewer, but could see no reason for a new water line. Larry Wood asked if there is an easement along that North line where the sewer is. John Maguire said he could not see where it would hurt the property owner to give an easement to cover a future sewer line. Ernest Jacks moved that the plan be approved with a utility easement along the North side of the property and with a dedication of 5 ft. for additional street right-of-way on Millsap Road. Helen Edmiston seconded the motion which was approved unanimously. The Commission reviewed the proposed preliminary plat of Clover Creek CLOVER CREEK Subdivision, a replat of a part of Meadowlark Addition, submitted by Preliminary Plat E. & J. Development Company, Inc. Ernest Jacks said the spacing of the fire hydrants needs to be closer together, additional easements are requested, a waiver of sidewalks is requested, and there are a number of drainage comments from the Street Superintendent. Ervan Wimberly said he could not agree with the Street Superintendent's comments. Mr. Jacks said he did not think the Commission should be getting into a Planning Commission 5-8-73 -9- position of disagreeing with the Street Superintendent and City Engineer. Mr. Jacks moved to approve the preliminary plat of Clover Creek contingent upon working out the drainage with the Street Superintendent, giving the required easements, and proper spacing of the fire hydrants. Christine Childress seconded the motion. Jacks, Hughes, Clinton, Nickell, Childress, and Maguire voted "Aye", Edmiston abstained. The motion carried. The Planning Commission held a discussion of setbacks for canopies. This matter had been continued from April 10, 1973. Chairman Clinton said he had received a letter from Loris Stanton because this matter had been placed on the agenda as Item 20. Chairman Clinton said this brings up a point of where we place items on the agenda. We have always made a point of placing public hearings first on any agenda. He said he did not know if Mr. Stanton realized the Commission has discussed this matter twice and has- not resolved it. Ernest Jacks said that he thought everybody ought to be treated equally on canopies. He felt a mistake had been made on the ordinance for service stations and felt the lesser setback should be allowed only on canopies which are not attached to the building. Donald Nickell said canopies are okay if they do not obstruct vision. John Maguire said there is a difference in the canopies for service stations and others. The gas companies spend much money to try to plan their canopies to look nice and to help sell their products. Drive-in canopies tend to . look dumpy and be too close to the ground and will barely clear. your car. He said he had taken a drive out College Avenue and could not find any fault with the service station canopies, but the drive-in canopies are different. He said there is no way you can see through Sonic's canopy in Springdale. Basically there is a difference in canopies. He saw no reason to get closer than 40 or 50 feet to the street with the general drive-in type canopies other than service stations because service station people get theirs high enough to get busses and trucks under them. Al Hughes asked what he thought if the Sonic had its canopy up high like the service stations do and was of a type that did not obstruct vision. Mr. Maguire said that then they should have it, if they can convince the Board of Adjustment. Chairman Clinton pointed out that drive-in canopies seem to cover a larger area than service station canopies and that service station canopies tend to direct traffic parallel to the street and this is not always the case with drive-in canopies. John Maguire said he is happy with the present regulations. Helen Edmiston suggested more specific standards for canopies rather than just allowing them for canopies. Donald Nickell said he was worried about what type of flack we would get from other interests if the regulations were changed especially after passing the sign ordinance to move obstructions back. Ernest Jacks asked Larry Wood if he knew what the purpose of the 50 ft. setback is. Mr. Wood said it is to allow for landscaping, sufficient room for safe moving in and out, etc. Donald Nickell moved that the Commission not change the present provisions of the ordinance as it relates to canopies. Christine Childress seconded the motion. Maguire, Childress, Nickell, and Clinton voted "Aye"; Hughes and Edmiston voted "Nay"; Jacks abstained. The meeting was adjourned at 8:00 P.M. CANOPIES A • • • RESOLUTION PC 16.1-73 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Tuesday, May 8, 1973, fifteen (15) days 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 a proposed ordinance to amend Ordinance # 1747 to declare a moratorium on building permits for lands covered under petitions for rezoning be corrected to cover a period "of no longer than 90 days" and that the proposed ordinance be adopted. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That the proposed ordinance, attached hereto and made a part hereof, be adopted to amend Ordinance # 1747 to toedeclare a moratorium on building permits for lands covered under petitions for rezoning be corrected to cover a period "of no longer than 90 days" and that the proposed ordinance be adopted as proposed. PASSED AND APPROVED this 8 day of AA -AY , 1973. APPROVED ROY CLINTON, chairman • • • RESOLUTION PC /7- 73 WHEREAS, a public hearing was held by fifteen (15) days after a sign was erected published in the Northwest Arkansas Ties, the Planning Commission Tuesday, May 8, 1973, upon the property and after a notice was a newspaper of general circulation; and WHEREAS, after the public hearing the Planning Commission voted to make a recom- mendation to the Board of Directors on Rezoning Petition No. R73-18, Willis and Company. NOW THEREFORE, BE 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 from R-1, Low Density Residential District to R-0, Residential -Office District said real estate. LEGAL DESCRIPTION: The East 100 feet of a parcel of land described as follows: A part of the SWC of Section 10, T -16-N, R -30-W, of the 5th P.M. being more particularly described as folldws: Beginning at a point which is 512 feet North and 30 feet East of the SW corner of said Section 10, thence East 300 feet; thence North 200 feet; thence West 300 feet; thence South 200 feet; to th$ point of beginning and containing 1.38 acres more or less. SECTION 2. That the above-described property be rezoned from R-1, Low Density Residential District to R-0, Residential -Office District, so that the petitioner may provide parking for tenants and invitees of tenants of office building located on West portion of tract. PASSED AND APPROVED this 19 day of / r///y , 1973. APPROVED ROY CLINTON, Chairman • RESOLUTION PC /8- 75 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, May 8, 1973, fifteen (15) days after a sign was erected upon the property and after a notice was pub- lished in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the public hearing the Planning Commission voted to make a recommen- dation to the Board of Directors on Rezoning Petition R73-19, Mr. R. Frank Sharp. NOW THEREFORE, BE 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 from A-1, Agricultural District to C-2, Thoroughfare Commercial District said real estate. LEGAL DESCRIPTION: A part of the East of the NWk, SEy Section 24, T -16-N, R -31-W, beginning at a point in the centerline of a public goad which is 187 feet North of the SW corner of said 20 acre tract and running thence North 750 9' East with the centerline of said road to a point 239 feet East of the West line of said 20 acre tract; thence North with the West line of said road 482.1 feet to the centerline of U. S. Highway 62; thence West bearing South with the centerline of U. S. Highway 62 to the West line of said 20 acre tract; thence South 469.04 feet to the point of beginning. LESS AND EXCEPT that . part lying within the public road on the South and U. S. Highway 62 on the North containing 2.23 acres more or less. ALSO A part of the Wi, NW*, SE*, Section 24, T -16-N, R-31 W, described as follows: Beginning at a point which is 323 feet North of the SE corner of said 20 acre tract and running thence West 2.83 chains to the center of a ditch; thence N 70 East with the centerline of said ditch 4.40 chains to the centerline of U. S. Highway 2.40 chains to the East line of said 20 acre tract; thence South 5 chains to the point of beginning, containing 1.17 acres more or less. SECTION=2':7.=That_the above-described property be rezoned from A-1, Agricultural District to C-2, Thoroughfare Commercial District, so that the petitioner may buildia plant for smoking and curing of meat, mail order operation, and a retail outlet. PASSED AND APPROVED this 8 day of AAAY , 1973. • APPROVED: ROY CLINTON, Chairman • • RESOLUTION PC /9.-73 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, May 8, 1973, 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 R73-20, Mr. James Baker. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF F.AYETTEVIJIF, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from A-1, Agricultural District to R-1, Low Density Residential District said real estate. LEGAL DESCRIPTION: A part of the S2 of the NES, Section 19, T -16-N, R -30-W, described as beginning at the NW corner of the SEt, NE4, and running thence South 496.96 feet, thence West 204.2 feet, thence South 50 44' East 423.1 feet to an iron at NW corner of property previously sold by grantors herein, thence South 930 50' East 167.5 feet to center of new road, thence Northerly following center of road 160 feet, thence North 930 50' West paralleling south line of land herein described 157 feet to an iron stake at the NW corner of these lands, thence Southerly 160 feet to the point of beginning. It is agreed that the West line of said lands shall follow the old fence now as the same is now located on the west side of above property. SECTION 2. That the above-described property be rezoned from A-1, Agricultural District to R-1, Low Density Residential District, so that the petitioner may buildi a single-family dwelling. (�yy PASSED AND APPROVED this C5 day of AA AY , 1973. APPROVED: ROY CLINTON, Chairman RESOLUTION PC 20-73 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, May 8, 1973, fifteen (15) dayssafter 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 R73-21, Mr. and Mrs. Garvin E. Martini. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVITJF, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from A-1, Agricultural District to C-2, Thoroughfare Commercial District said real estate. LEGAL DESCRIPTION: Part of the NWt, SEk of Sec. 26, T -17-N, R -30-W, of the 5th P.M. described as beginning at the SE corner of said 40 acre tract; thencd running North along U. S. Highway 71, 330 feet; thence West 660 feet; thence South 330 feet to the South line of said 40 acre tract; thence East 660 feet to the place of beginning, containing 5 acres, more or less. SECTION 2. That the above-described property be rezoned from A-1, Agri- cultural District to C-2, Thoroughfare Commercial District, so that the petitioner may sell the property for commercial property. 8 PASSED AND APPROVED this day of MAY , 1973. APPROVED: ROY CLINTON, Chairman RESOLUTION PC 2/- 73 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, May 8, 1973, 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 R73-22, Mrs. Helen T. Edmiston. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVITS.F, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from R-3, High Density Residential District to I-1, Heavy Commercial and Light Industrial District said real estate. LEGAL DESCRIPTION: Lots 11 and 12, Block 8, Parkerts Plat of Valley View Acres. SECTION 2. That the above-desdribed property be rezoned from R-3, High Density Residential District to I-1, Heavy Commercial and Light Industrial District, so that the petitioner may build warehouses on the property. PASSED AND APPROVED 8 day of MAY APPROVED: 1973. ROY CLINTON, Chairman RESOLUTION PC 22- 73 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, May 8, 1973, 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 R73-23, Bryce Davis, agent for D. B. Thomas and J. C. Calabria. NOW THEREFORE, BE 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 from A-1, Agricultural District to R-1, Low Density Residential District and R-2, Medium Density Residential said real estate. LEGAL DESCRIPTION: (R-1 Portion) A tract of land being part of the SWk, SWk, Sec. 6, T -16-N, R -30-W, 5th P.M. and being part of the NW*, NW*, Section 7, T -16-N, R -30-W, 5th P.M. in Washington County, Arkansas, more particularly described as, Beginning at the NE corner of said SWk, SW*, Section 6; thence South a distance of 2,509 feet; thence West a distance of 1,222 feet; thence North a distance of 2,509 feet; thence East, a distance of 1,222 feet to the point of beginning. Containing 70.39 acres, more or less. (The South 180 feet of the property described below was recommended by the Planning Commission to be zoned R-2, and the North 400 feet zoned R-1.) A tract of land being part of the W4, NW*, Section 7, T -16-N, R -30-W, 5th P.M. in Washington County, Arkansas; more particularly described as; Beginning at a point 2,509 feet South of the NE corner of the SWe, SW,i-,, Section 6, T -16-N, R -30-W, 5th P.M. in Washington County, Arkansas; thence West, a distance of 1,222 feet; thence North a distance of 780 feet; thence East a distance of 1,222 feet to the point of beginning. Containing 21.88 acres, more or less. SECTION 2. That the above-described property be rezoned from A-1, Agricultural District to R-1, Low Density Residential District and R-2, Medium Density Residential District, Bo that the petitioner may develop the property residentially. / l� PASSED AND APPROVED this 8 day of 4 y , 1973. APPROVED' ROY CLINTON, Chairman • • • RESOLUTION PC 2 3 - 73 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, May 8, 1973, 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 recommen- dation to the Board of Directors on Rezoning Petition R73-24, Bryce Davis, agent for D. B. Thomas and J. C. Calabria. NON THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILT.F, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from A-1, Agricultural District to C-2, Thoroughfare Commercial District said real estate. LEGAL DESCRIPTION: Part of the EA of Section 33, T -17-N, R -30-W, being more particularly described as follows, to -wit: Beginning at a point which is 1435 feet East and 2879.41 feet South of the NW corner of said East A and running thence West 580.16 feet to the ROW of Highway 71, thence S 30° 58' W, along said ROW, 237.67 feet, thence East 702.45 feet to the West ROW of a county road, thence North along said county road ROW 203.8 feet to the point of beginning. Containing 3.00 acres more or less. SECTION 2. That the above-described property be rezoned from A-1, Agricultural District to C-2, Thoroughfare Commercial District so that the petitioner may have additional land zoned C-2 so that Hatfield Pontiac -Cadillac Agency can meet setbacks. PASSED AND APPROVED this 8 day of / YCf1Y APPROVED: 1973. ROY CLINTON, Chairman