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HomeMy WebLinkAbout1973-08-14 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, August 14, 1973, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Members Absent: Others Present: John Maguire, Marvin Murphy, Christine Childress, Morton Gitelman, Al Hughes, Helen Edmiston. Roy Clinton, Ernest Jacks, Donald Nickell. Larry Wood, David McWethy, Mayor Russell Purdy, Loyd Hobbs, J. E. McClelland, Frank Doughty, L. R. Froelich, R. H. Seddon, Attorney John Lisle, Jim Lindsey, Ken Lazenby. Vice -Chairman Morton Gitelman called the meeting to order. The minutes of the July 10 and July 24, 1973 Planning Commission Meetings MINUTES were approved as mailed. Vice -Chairman Gitelman opened the public hearing on a proposed amendment to Zoning Ordinance 1747 in order to add "Smoking, curing and selling of smoked or cured poultry and livestock" to Use Unit 6, AMEND ORD. 1747 Use Unit 6 Agriculture, which is permitted in the A-1, Agricultural District; I-1, Heavy Commercial & Light Industrial District; and in the I-2, General Industrial District. Copies of the proposed ordinance had been mailed out in advance. Al Hughes moved to recommend to the Board of Directors that the proposed amendment to Zoning Ordinance 1747 be approved. Helen Edmiston seconded the motion. Vice -Chairman Gitelman called for further comments. There were none from the Commission members and none from the audience. Al Hughes remarked that the proposed ordinance conformed to the recommendations of the City Board of Directors at the time R. Frank Sharp had sought rezoning for property on Highway 62 West and Smoke House Trail. The motion to approve the amendment was approved unanimously. Vice -Chairman Gitelman opened the public hearing on Rezoning Petition 4'ETITION R73-28 R73-28, J. W. & Marie Eo£f, to rezone property located East of J. & MARIE EOFF Campbell Soup Company on Fifteenth Street from I-1, Heavy Commercial 15th Street & Light Industrial, & R-2, Medium Density Residential, to C-2, Thoroughfare Commercial District. Larry Wood presented the Planning Report. There was no one present to represent the petition. No one in the audience either supported or opposed the petition. Al Hughes asked if Brooks Avenue is open on the North side of Fifteenth Street. Mr. Wood told him it is not. Planning Administrator Bobbie Jones said that the platted Garriott Street has been closed by City ordinance. John Maguire and Larry Wood said they thought Campbell Soup owns the former Garriott Street and that the Campbell Soup property wraps around this property. Vice -Chairman Gitelman said he understood Mr. Wood's recommendation to leave the portion on the East side of Brook Avenue R-2, but he could not see the recommendation to rezone the I-1 to R-2. He questioned whether the Commission could do more than just deny the petition and institute its own action to rezone the I-1 portion. Mr. Wood said he had always believed that once a petition is instituted, the Commission can always decrease the present zone. Al Hughes moved to deny the rezoning petition R73-28, J. W. & Marie Eoff. R73-28 Christine Childress seconded the motion. Murphy, Childress, Gitelman, Hughes, and Edmiston voted "Aye"; Maguire voted "Nay". The petition was denied. Planning Commission -2- 8-14-73 Vice -Chairman Gitelman opened the public hearing on Rezoning Petition R73-29, J. E. McClelland, to rezone property located at 2028 Birch Avenue from R-1, Low Density Residential District, to R-2, Medium Density Residential District. Larry Wood presented the Planning Report. J. E. McClelland was present to represent the petition. He stated he was requesting the rezoning in order to move a small house in back of an existing house on the lot and make a duplex out of it. John Maguire asked if most of this property North of Poplar Street is not small homes except for one area with apartment buildings on it. He said he had not dealt with any of this North of Poplar, but wondered if some of the property North of Poplar were rezoned R-2 whether it might develop that way across from an I-1 zone on the South side of Poplar. He said there are some new apartments going in East of the railroad tracks at Gregg and Miller. Vice -Chairman Gitelman asked what the General Plan recommended for this area. Mr. Wood said it recommends medium density residential. Marvin Murphy asked Mr. McClelland if he knew of any other development contemplated in that area. Mr. McClelland said he did not; most of the houses in that area are single Emily residences. There is one set of apartments across Birch Street from this property. He said he had no objection to the property being zoned industrial; but in the meantime until someone wants to use it for industrial purposes it is not being used. There was no opposition to the petition present. John Maguire moved to approve Petition R73-29, J. E. McClelland. Marvin Murphy seconded the motion, which was approved unanimously. Vice -Chairman Gitelman asked for discussion on the petition to close STREET CLOSING a portion of Lorraine Drive lying East of Williams Drive in Breezy Heights LORRAINE DR. Addition, in the City of Fayetteville, submitted by Frank L. Doughty, Jr., Doughty, Jacks Ernest E. Jacks, and Warner Cable of Fayetteville. Warner Cable Frank L. Doughty, Jr. was present to represent the petition. Vice -Chairman Gitelman asked the reason for the petition. Mr. Doughty said he hoped to get a private drive in there, not a City street. There is 6 acres behind the TV cable property and he wants to have access to it without a city street so he wants to have the street right-of-way closed. He said they have no objection to the utility easement requested by the City Engineer. Mr. Doughty said that since the petition was submitted they have discovered that the original owner of the property apparently still owns a 15 ft. strip South of the street right-of-way. They have prepared a quit claim deed and mailed it to him to sign. The TV cable company probably should not have been included in the petition. Helen Edmiston moved to approve the petition provided they can straighten out the legal question on the ownership of the 15 ft. abutting the street on the South side. Christine Childress seconded the motion. Vice -Chairman Gitelman said that before the Commission voted Mr. Doughty might want to consider the fact that his property would no longer front on any existing street. Mr. Doughty said he is aware of that. The motion to approve the petition was approved unanimously. A request for Planning Commission approval of off-site parking, had L. R. FROELICH been submitted by L. R. Froelich in conjunction with the use of property 320 W. Mountain at 320 West Mountain. Mr. Froelich was present and presented a drawing of the layout of the parking in front of and behind Selle's Restaurant. He had earlier presented a letter from Clyde J. Selle agreeing to rent Mr. Froelich 3 parking spaces. Vice -Chairman Gitelman asked if the spaces behind the restaurant are being used. Mr. Froelich said Mr. Selle has two or three rented out and most of the rest are PETITION R73-29 J. E. McClelland 2028 Birch Ave. R73-29 Off -Site Parking Planning Commission -3- 8-14-73 vacant. He said he was negotiating with Mr. Suttle to try to rent the vacant lot on the Southeast corner of Mountain and School. Marvin Murphy asked Mr. Froelich if the agreement with Mr. Selle is a monthly agreement or if it is perpetual. Mr. Froelich said it is a monthly agreement. Mr. Murphy said it seemed to him that if Mr. Froelich converted the residence to an office and Mr. Selle changed his mind, Mr. Froelich might be left out in the cold. Mr. Froelich said he is trying to buy the house. John Maguire moved to approve the off-site parking which is to be worked out between Mr. Selle and Mr. Froelich. Christine Childress seconded the motion which was approved unanimously. R. H. Seddon had written a letter to the Planning Commission objecting to Paddock Road being shown as a major street on the Major Street Plan. MAJOR STREET PLAN Mr. Seddon was present. Paddock Rd. Larry Wood stated that Paddock Road is not meant to be the exact location of the major street, but that it will depend on development to pin it down. Mr. Seddon said that the major street does take the exact angle of Paddock Road which is a dedicated street. He said he did not know why Paddock Road had ever been dedicated, it serves only as a driveway to his house. If it were to be widened into a major street, it would wipe out his house, guest house, and stables. Vice -Chairman Gitelman said he did not know how to solve Mr. Seddon's problem. John Maguire said he thought the major street plan says to the property owner that if he comes in with a large scale development that the Commission would discuss right-of-way with him. Vice -Chairman Gitelman said this has no present effect, but it might have some future effect on Mr. Seddon's property. As long as he is not subdividing, the only fear Mr. Seddon has is that the City or State might want to condemn property for a road. He thought the time to oppose it would be if someone gets down to wanting to put a road through there. A large scale development plan had been submitted by Paul Young, Inc. PAUL YOUNG, INC. to construct a nursing home on Old Missouri Road just North of Butterfield 140 bed School. Loyd Hobbs was present to represent the plan. nursing home Helen Edmiston reported on the proposal for the Subdivision Committee. Old Missouri Rd. The road along the North side does not exist now. The road will have to L.S.Development be built , dedicated and accepted by the City Board before any building permits could be issued. Unless this was done, they would have to have another layout because they are entering from that road. If that is to be a street then they have 8 parking spaces too close to the street. Mr. Hobbs said they have changed the parking on the latest drawing. Mrs. Edmiston said that the other strip left out of the development is only 103 ft. wide and it would have to be 200 ft. wide in that zone for anyone else to use it. There are not adequate fire hydrants. Mr. Hobbs said this is a fire proof building. Mrs. Edmiston said that Paul Mattke wants a stipulation that there be no lot splits on the North side of the new street (Errol Street). Clayton Powell had also commented that an additional 10 ft. of right-of-way is needed along Old Missouri Road; parking lot drainage cannot be dumped out the driveways and into the streets; the owner has agreed by telephone to participate in the curbing and guttering of Old Missouri Road; and Mr. Powell reserves comments on the street plans and profiles until they are received. Mayor Russell Purdy asked if the Fire Chief is willing to go along with this many people without the fire hydrant. Christine Childress moved the plan be accepted. Helen Edmiston seconded the motion, which was approved unanimously. •f • Planning Commission -4- 8-14-73 Attorney John Lisle and Jim Lindsey presented a progress report on HYLAND PARK the development plans for Hyland Park Planned Unit Development being Progress Report developed by Lindsey -Broyles. Mr. Lisle explained that the 5 acre townhouse tract could more properly be called condominiums. The exact dimensions of the proposed buildings have not been laid out yet. They plan to prepare and file a final plat based on what the exterior dimensions of the buildings will be. They planned to consider each building unit as a block. When the building lines are set and the foundations laid, a plat will be filed showing lots for each dwelling unit. He said they are contemplating cantilevered decks over the bluffs. Christine Childress asked if the dwelling units would be sold separately. She was told that each unit would be sold separately but would own an undivided interest in the common space around the units. Al Hughes asked how they could get a building permit. Mr. Lisle said they will have complete plans and architectural drawings. They will have complete plans and specifications. It will be necessary to wait until the wall is begun before they -can see where the center of the walls will be. Vice -Chairman Gitelman asked if they plan to develop the townhouse section before they begin the single family residential He was told they do plan to develop the townhouse area first. There will be residential lots across the street from the townhouse area. Jim Lindsey said they are in the subdivision business rather than the condominium business and do not want to build something that will hurt the subdivision but rather want to build something to enhance it. They will have a 5 ft. leeway around the outside of the building, but the inside dimensions have to be accurate to the inches. Vice -Chairman Gitelman suggested they use some other designation than lots and blocks for the townhouse area. Mr. Lindsey said they have a model of each building in his office and also a model of the full 160 acre tract they plan to develop. He invited the Commissioners to come by and see the models. A series of large scale development plans for improvements to the following City park sites had been prepared by McClelland Engineers: Asbell Park, CITY PARK SITES Jefferson Park, Happy Hollow Park, V A Park, Root Park, Butterfield Park, and Bates Park. J. E. McClelland was present. Helen Edmiston reported for the Subdivision Committee that the Plat Review Committee comments had dealt mostly with drainage and additional right-of-way requirements on most of the sites. John Maguire moved to approve the development plans for all seven park sites. Al Hughes seconded the motion which was approved unanimously. Under "other business" Ken Lazenby appeared before the Commission for KEN LAZENBY clarification of the dimensions of lots the Commission had approved Lot Splits for him on March 27, 1973. The Planning Administrator had requested Edna Street the clarification because the legal descriptions Mr. Lazenby had submitted had omitted a 22.5 it. strip between the lot on the corner of Edna Street and Austin Avenue and the lot formerly cut out of the Southeast corner of Lot 1, Jug Wheeler Addition. In the March 27 meeting it had been suggested that the legal description for the new lots include this 22 5 strip, but show it as a utility easement. Helen Edmiston asked Mr. Lazenby if he could just give the 22 5 ft. strip to the new lots "A and B" (Mr. Lazenby's sketch) and leave the new lots "C and D" 150 ft. deep. Mr. Lazenby said this would be agreeable to him. Vice -Chairman Gitelman said they did not want another case where they have a 22 ft. wide lot left. Planning Commission -5- 8-14-73 Helen Edmiston moved that the lots splits formerly approved by the Planning Commission on March 27, 1973, include two lots (A & B on Mr. Lazenby's • sketch) 172.5 feet deep and two lots (C & D on Mr. Lazenby's sketch) 150 ft. deep. Al Hughes seconded the motion which was approved unanimously. • The meeting was adjourned at 5:45 P.M. • RESOLUTION PC 26.1-73 WHEREAS, a public hearing was held by the Fayetteville Planning Commission Tuesday, August 14, 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 tocmake a recommendation to the Board of Directors on a proposed ordinance to amend Zoning Ordinance 1747, Use Unit 6; 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 Zoning Ordinance 1747 to allow "Smoking, curing and selling of smoked or cured poultry and livestock" to use unit 6. PASSED AND APPROVED this 14th day of August , 1973. APPROVED• MORTON GITEIMAN, Vice -Chairman • • RESOLUTION PC 27" 73 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, August 14, 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 R73-28, J. W. and Marie Eoff. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That theLpetition requesting the rezoning -'of pfoperty;r described as follows, from I-1, Heavy Commercial and Light Industrial District and R-2, Medium Density Residential District to C-2, Thoroughfare Commercial District, be denied. LEGAL DESCRIPTION: 200 feet of equal and uniform width off the south side of lots 10 and 11 less and except 30 feet off the south side thereof, and the west 25 feet of equal and uniform width off of the south 50 feet of Lot No. 23 and the west 25 feet of equal and uniform width off of the west side of Lot No. 24, less and except 5 feet off of the south side thereof, all in the Garriott Subdivision to the City of Fayetteville, Arkansas, being in the SW, NW4, Section 21, T -16-N, R -30-W, in Washington County, Arkansas. SECTION 2. That the rezoning of not presently be desirable. PASSED AND APPROVED this 4 the above described real estate would day of 4U G()ST , 1973. APPROVED: ROY CLINTON, Chairman RESOLUTION PC 25-73 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, August 14, 1973, fifteen (15) days after a sign was erected upon the property and after a notice was published in the Northwest Arkansas Times, a news- paper 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 R73-29, Mr. J. E. McClelland. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVU.i.F, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from R-1, Low Density Residential District to R-2, Medium Density Residential District said real estate. LEGAL DESCRIPTION: Lot 17 of Block 2, revised Plat of Block 5, of Parker's Plat of Valley View Acres. SECTION 2. That the above-described property be rezoned from R-1, Low Density Residential District to R-2, Medium Density Residential District, 80 that the petitioner may create a duplex. PASSED AND APPROVED this 19' day of AUGUST , 1973. APPROVED: ROY CLINTON, Chairman • • RESOLUTION PC 28.1-73 WHEREAS, a discussion was held by the Fayetteville Planning Coi$ission, Tuesday, August 14, 1973. WHEREAS, after the discussion, the Planning Commission voted to make a recommendation to the Board of Directors on the petition to close a portion of Lorraine Drive lying East of Williams Drive in Breezy Heights Addition, submitted by Frank L. Doughty, Jr., Ernest E. Jacks, and Warner Cable of Fayetteville. 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 petition to close the above-mentioned alley be approved. PASSED AND APPROVED this 14th day of August , 1973. APPROVED: MORTON GITELMAN, Vice -Chairman