HomeMy WebLinkAbout1973-06-12 MinutesThe Fayetteville
in the Directors
Members Present:
Members Absent:
Others Present:
Chairman
MINUTES OF A PLANNING COMMISSION MEETING
Planning Commission met at 4:00 P.M., Tuesday, June 12, 1973,
Room, City Administration Building, Fayetteville, Arkansas.
Roy Clinton, Ernest Jacks, Al Hughes, Morton Gitelman,
Donald Nickell, Christine Childress, Marvin Murphy,
John Maguire
Helen Edmiston.
Larry Wood, Brenda Blagg, Ray White, City Manager Donald
Grimes, Charles Barrett, Hugh Kincaid, Don Pitts, James
L. Gibson, Melvin Placke, Fred Morley, H. D. McCarty, Helen
Overholt, R. Frank Sharp, Mrs. Robert Osburn, Mrs. Doyle
Morrison, John Williams,
Roy Clinton called the meeting to order.
The minutes of the May 8 and May 14, 1973 Planning Commission meetings were
approved as mailed.
Chairman Clinton opened the public hearing on Rezoning Petition R73-25,
Charles Barrett, agent for Lester Longwith, to rezone property located
on the East side of North College Avenue and North of East Ash Street
from R-1, Low Density Residential District, to R-2, Medium Density
MINUTES
PETITION R73-25
LESTER LONGWITH
E. of College &
N. of Ash St.
Residential District.
Larry Wood presented the Planning Report. He recommended continuance
of the petition until at least two access points were obtained, preferably
one to the North to Township Road and one to either Ash Street or Highway 71.
Charles Barrett represented the petition. He stated he agreed with the
report with the exception that they would like to have the property rezoned
since it is on the comprehensive plan as R-2. They knew they were landlocked,
but felt they could spend more money getting an access into R-2 property than
they could getting into R-1 property. He said they knew they could not build
anything until they have those accesses. He felt this would be a good buffer
between the commercial and single family areas. The area is on a slope and
lends itself better to apartments than to single family homes.
Attorney Hugh Kincaid represented persons opposing the rezoning. He presented
a petition bearing 67 signatures of persons opposing the rezoning. He said
he specifically represented Mr. & Mrs. Lonnie Martin who awn 11 acres just
East of the subject property on the North. The Martins have a new house valued
around $35,000.00 on property immediately bordering the property under petition.
Don Pitts owni the property to the South and East. Any access to this property
from Ash Street or Wheeler Avenue would have to come through Mr. Pitts' property.
This is a large tract of undeveloped land and what is done with this tract will
influence what will happen to the rest of this. Mr. Kincaid felt the General
Plan was inconsistent in saying that this should go to medium density when there
is very little difference in the character of this land and the character of the
land farther down the slope. You have a serious traffic problem when you try
to create access onto Ash Street at the point where the property would normally
access ontb Ash Street. The only alternative for access if access is not provided
across Mr. Pitts, property is to go off Highway 71. Highway 71 would have to be
cut for both water and sewer. There is also a stream which would present problems.
The General Plan says low density development should be retained for steep terrain.
Pages 81 and 82 say single family residential areas ought to be protected from
encroachment. He did not think there was very much to document a movement to R-2.
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6-12-73
-2-
Mr. Kincaid said he thought R-2 zoning would impair the values the area
people have worked so hard to raise. Mr. Kincaid said that Mrs. Thelma
Keith was not notified of this petition and she is an adjoining property
owner. He said he thought it would be inappropriate to rezone without
notifying her.
Don Pitts said he had recently acquired the property to the South and East
of the subject property. His property to the South is undeveloped; there
are two residences on the property to the East. He has made application to
build a private residence which would be within 150 ft. of the East line of
the subject property. He is opposed to the rezoning because he owns the
property abutting it. Other property abutting Mr. Pitts' property is in
subdivisions and his property is between the subdivisions and the subject
property. He said he is opposed to apartments on the property proposed for
rezoning.
James L. Gibson, 1919 Wheeler Avenue, was opposed to the petition. He said
access off Ash Street would be dangerous. There is a sign on Ash for the
rezoning and it is very difficult to pull off the street and try to read it.
Melvin Placke, 1931 Wheeler Avenue, said he concurred with Mr. Gibson on
access. With the present residential development in the area you can only
gain access to Highway 71 by way of Sycamore Street at certain times of the
day. During the rest of the day, you must either turn North on College or
go back to the East and come onto College at North Street, Lafayette Street,
or Maple Street if you wish to go South. There have been no plans submitted.
He assumed the board would require detailed plans. The hillside is slowly
slipping down onto the commercial property on Highway 71 He asked if any
geological surveys have been made on this property.
Mr. Barrett said the access they are trying to acquire would be off Highway 71.
Morton Gitelman arrived at 4:30 P.M.
• Fred Morley, 966 West Sycamore, said that if Sycamore Street is put all the
way through to Garland Avenue this is going to be a major trafficway. He
said there are many small children on this street and he would like to see
Sycamore on the West side of College Avenue preserved as it is.
Hugh Kincaid said that a good bit of Lonnie Martin's property is on the
crest of a hill and that his house and some of Don Pitts' property would
look down on this property.
H. D. McCarty, 1932 Wheeler Avenue, stated he was opposed to the petition.
John Maguire said that if they had a road into the property'he would consider
at least rezoning a strip to give them enough buffer so that the people who
are out there now would not be hurt, but that until they got a road he did not
feel the Commission should take any action toward rezoning. He thought
everyone might benefit from a buffer zone of either duplexes or quadplexes
or something other than R-1 backing up onto the commercial on Highway 71.
Donald Nickell said the rezoning request infringes on an area which he felt
is strictly R-1. He suggested using the branch as a buffer.
Chairman Clinton asked Mr. Barrett if they had considered developing the
property as a Planned Unit Development. Mr. Barrett said they had not but
were trying to get some idea of what can be done with the property. He hoped
to build four-plexes in a townhouse style. He asked what the density for
R-1 would be under a PUD and was told a maximum of 7 units per acre. He
said he thought this would suit their needs.
Helen Overholt, 2000 Wheeler Avenue, said one of the reasons they prefer
residential zoning is this is one of the few places in town where you can
hang out your wash and leave it overnight and nobody bothers them. Also,
they felt that families would be more likely to be the same kind of people
• in regard to property as the residents there now.
After a discussion with the Planning Commission, Charles Barrett requested
to be permitted to withdraw the petition so he could investigate the possibility
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6-12-73 -3-
of a planned unit development and further access points. The Planning
Administrator read from the Code of Ordinances the terms under which a
4111 petition is permitted to be withdrawn.
Morton Gitelman moved that the Planning Commission allow the petition to PETITION R73-25
be withdrawn. Christine Childress seconded the motion which was approved (withdrawn)
unanimously.
The Board of Directors had recommended to the Planning Commission that AMEND ZONING ORD.
the Commission consider amending the zoning regulations, Ordinance Call Hearing
1747, to include the type of operation proposed by the Ozark Mountain
Smoke House (processing and sale of agricultural products under Use
Unit 6 which is permitted in the A-1, Agricultural District. The Board
had recommended this be considered rather than rezoning the land which
the Smoke House proposes to build on to a commercial use.
Al Hughes read from the Code of Ordinances the other permitted uses listed
in Use Unit 6.
Ernest Jacks moved that a public hearing be called for the purpose of
adding the phrase, "processing and sale of agricultural products; to
Use Unit 6. Al Hughes seconded the motion which was approved unanimously.
A conditional use request had been submitted by Eldon Jenkins to use ELDON JENKINS
property at 2235 South School for retail and wholesale bakery products Conditional Use
outlet. After a discussion, Ernest Jacks moved to approve the conditional 2235 S.School
use request. Donald Nickell seconded the motion which was approved unanimously.
A conditional use request had been submitted by Mr. & Mrs. Robert Osburn ROBERT OSBURN
to use property at 1210 South West Avenue for a child care center. Conditional Use
Mrs. Osburn was present. She said she had contacted the Welfare Department, 1210 S.West
the Health Department, and the Fire Department. Their recommendations
are such that they can comply. She said they planned to serve hot lunches.
The Fire Chief wanted some changes made and wanted the wiring checked by
a licensed electrician. Mrs. Osburn said they do not own this property,
but wish to buy it if they can use it for a child care center. They live
at Prairie Grove. They feel the house is adequate for 24 children.
A petition opposing the use had been submitted to the Planning Office.
Mas. Osburn said she thought only two of the people objecting border this
property.
Al Hughes moved that the conditional use request be approved on the
assumption that she will comply with the Fire, Health, and Welfare Department
regulations. Morton Gitelman seconded the motion.
Christine Childress said she was concerned about the objections of the
neighbors and the fact that Mrs. Osburn did not know about the objections.
Had there been any contact with those residents? The Planning Administrator
said that notices had been sent to the adjoining property owners whose names
Mrs. Osburn had furnished.
The motion to approve the conditional use request was approved unanimously.
The Commission resumed its discussion on the proposed revisions to the
Major Street Plan. Chairman Clinton told the audience that the public MAJOR STREET PLAN
hearing had been held on this May 14 and that since that time a number Proposed Revisions
of petitions and letters had been received from various people in the
City. He and some of the other Commissioners had also received telephone
calls relative to the proposed revisions. He said the people were welcome
to listen, but that he would like to have the discussion limited among the
Commissioners.
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City Manager Donald Grimes handed out some material in which an analysis
had been made of the proposed changes and additions which the plan under
consideration made in the existing Major Street Plan adopted in 1970.It also
included the following statement, read by Chairman Clinton, which Mr. Grimes
hoped might be included in the Planning Commission's resolution to be forwarded
to the Board of Directors: "Street improvements resulting from the implementation
of the Fayetteville Major Street Plan where accomplished in existing built-up
portions of residentially zoned areas will take place on existing rights-of-
way. However, in cases of new construction and land use changes, building
setbacks will be required to conform with the adopted plan." Chairman Clinton said
there are certain pitfalls, for instance, if someone on one of those streets
wished to add onto their house and wished to extend forward of their present
building line, this would probably be frowned upon, and would be a matter for
the Board of Adjustment. Mr. Grimes said the recommendations on the material
he had just given the Commission came from members of the Street Committee and
from the Board of Directors. There is a recommended change on the routing
of the minor arterial from Razorback and Cleveland back down to Maple and
Garland because it is felt that college students are better able to cope with
traffic than grade school children are.
Al Hughes said he agreed with the recommendation to move the proposed
extension of Sang Avenue over to the east by-pass service road.
Mr. Grimes said the City is pretty far along with the development of a
peripheral loop which had been mentioned by a number of people. He thought
it might be advisable to leave the present proposed extension of College
Avenue to the South on the Major Street Plan. He recommended Wilson Hollow
Road be eliminated from the Plan. Mr. Grimes thought the City should forget
about any major highway from Kansas City to Houston, but felt that there
is enough traffic volume in this area to need a second four -lane road north
to Springdale. He recommended an extension of Highway 112 for this. He
thought the Penbroke-Ridgeway-West Shadowridge-Viewpoint loop might be dropped
from the Plan although it is being used that way now. He did not visualize
anyone using this as a collector except our of necessity. He said the reason
it was put on was because this followed sound practice in major street plants
of not ending collector streets without a loop or tie back to another major
street. He thought that if Rock Street is retained as a collector from
Morningside to Crossover Road that the proposed extension of Rockwood Trail
to Crossover Road could be dropped.
Mrs. Doyle Morrison asked what had been decided on Maple Street and Mission.
Mr. Grimes told her that Maple is currently designated as a collector street
and it would stay a collector; however, the statement previously read by
Chairman Clinton would be added.
A man asked how much additional footage would be needed in the widening of
Mission. Mr. Grimes told him that as far as the City is concerned, improvements
would take place on existing right-of-way. However, this is a state highway
and the State's regulations take precedence.
Fred Morley asked why it had been decided to put Sycamore through between College
and Garland. Mr. Grimes said the paving of Sycamore up to Woolsey is an improve-
ment district that has been in the mill during the past two years. Chairman
Clinton told Mr. Morley that Sycamore has been a collector street for a number
of years. There have been a number of requests that the City open up some more
through streets east and west.
John Maguire moved that the proposed extensions of Rockwood Trail to Crossover
Road and Sang Avenue South of Cleveland be removed from the Major Street Plan
as collectors. Morton Gitelman seconded the motion which was approved unanimously.
The Commission discussed with John Williams the possible opinions of the
University of Arkansas regarding the location of an arterial street on
Maple (from Razorback to Garland)and Garland rather than on Razorback and
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Cleveland. Mr. Williams said a problem existed because of the dorms
which are located on the North side of Maple Street and that the firm
that does the campus planning recommended that some arrangement be made
so that non -university traffic would be routed around the University.
Al Hughes told Mr. Williams that many trucks that travel Highway 16
cannot climb Razorback between Maple and Cleveland. If the street is wet
it gets so slick even cars cannot get up it. At Maple and Garland you can
eliminate the congestion by either putting in a walk signal at the traffic
light or by putting a walkway over the highway. Mr. Williams said the long
range parking plan proposes parking around the periphery of the campus.
Al Hughes moved that the Commission adopt the following statement in the
planning and thinking of the adoption of the Mayor Street Plan: "Street
improvements resulting from the implementation of the Fayetteville Major
Street Plan where accomplished in existing built-up portions of residentially
zoned areas will take place on existing rights-of-way. However, in cases
of new construction and land use changes, building setbacks will be required
to conform with the adopted plan." Ernest Jacks seconded the motion which
was approved unanimously.
Theodore Guhman asked that the Commission include in their recommendation that
this does not approve any inter -regional highway.
Chairman Clinton said he would like to give the Commission until June 26
to think about the Mayor Street Plan revisions before taking action on the
proposal.
The meeting was adjourned at 6:25 P.M.
RESOLUTION PC 23.2-73
BE IT RESOLVED, by the Planning Commission of the City of Fayetteville, Arkansas,
that a public hearing be called for the purpose of amending Zoning Ordinance #1747,
to add "processing and sale of agricultural products" to Use Unit 6.
BE IT FURTHER RESOLVED, that the Planning Administrator is hereby ordered to
advertise said public hearing for August 14, 1973, by publishing a notice of said
public hearing in the Northwest Arkansas Timesaat least fifteen (15) days in advance.
PASSED AND APPROVED this 12th day of June , 1973.
APPROVED•
ROY CLINTON, Chairman