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HomeMy WebLinkAbout1973-12-11 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held on December ll, 1973 at 4 P.M. in the Director's Room, City Administration Building, Fayetteville, Arkansas. Members Present: Chairman Roy Clinton, Al Hughes, Marvin Murphy, Helen Edmiston, Ernest Jacks, Christine Childress, John Maguire. Members Absent: Morton Gitelman, Donald Nickell. Others Present: Bobbie Jones, Iris Dees, David McWethy, Larry Wood, Hugh Kincaid, Ervin Wimberly, James January, Mr. Holland, Marie Poindexter, Ginger Parker, Hal Trumbo, Mel Chamberlain, `;, Emily Tompkins, Mr. Walter Losey, Mr. Phillips with Foremost Foods, David and Carolyn Rose, Don Phillips, Bud Brown, Arthur Skelton. The meeting was called to order by Chairman Roy Clinton. Minutes of the November 13, 1973 meeting of the Planning Commission MINUTES were approved as mailed. Chairman Clinton opened the public hearing on Rezoning Petition OZARK FLOOR R-73-36, Ozark Floor Company, Inc., for property located at 125 E. Baxter Lane 125 East Baxter Lane, and to rezone from R-1, Low Density Rezoning Petition R-73-36 Residential District, to C-2 Thoroughfare Commercial District. Larry Wood gave the Planning Report and did not recommend it be rezoned from R-1 to C-2 because an attempt should be made to establish a buffer between the commercial and residential uses and he said it appeared the applicant owned additional property adjacent to this request facing on Highway 71 which is now being used for residential purposes and suggested any expansion be into the adjacent property now zoned C-2. Mr. Hughes asked how far east the line on R-0 on the north side of Baxter extends. Mr. Wood said it covers the three lots that face Baxter on the north. Mr. James January was present. He said the reason for the request was to permit them to enlarge their present warehouse which is needed badly. He said they purchased the property in September of this year for that purpose but when he came to get the Building Permit he found the C-2 zone runs along the dividing line between this property and their other property. No one appeared in opposition to the request. Chairman Clinton asked if those lots to the east are conforming. Ernest Jacks said it seemed as if he had so much of that property he could build on without moving the zone '+ line. James January said they felt they needed a minimum of 401 X 601 addition and if the addition were on the south the only entrance would be to the north and would make a very long warehouse. The back of the residence is only about 15 feet from the ware- house. If the warehouse were extended to the north, he did not believe vehicles could get through there. Chairman Clinton asked about parking in R-0 as adjacent to C-2. Bobbie Jones said the 5 Planning Office had approved a recent request for a parking lot in an R-0 zone but that the zoning ordinance does not actually list a parking lot; it does, however, allow an auto parking garage in the R-0. The interpretation of the Planning Office was appealed to the Board of Adjustment by a third party. The Board of Adjustment found'that parking garages and parking lots are similar -- they upheld parking lot in R-0. Chairman Clinton suggested Mr. January keep the addition to his warehouse on his present C-2 property and move his parking into the lot requested. for rezoning if the Planning Commission and Board of Directors approve rezoning it to R-0. Mr. January asked if there would be any problem building to the C-2 line. Chairman Clinton said the setbacks are more stringent in C-2 than in R-0, but he felt that Mr. January could still use this for parking if it was R-0. Bobbie Jones said he would possibly need a variance from the Board of Adjustment on that building setback — 15 feet is required on the side and 20 feet on the rear. Bobbie Jones added that the building could not go in the R-0, but the parking could. The public hearing was concluded. Ernest Jacks moved that the petition be amended to rezone the piece of property from R-1 to R-0 and recommended for approval to the Board of Directors. Helen Edmistion seconded the motion which passed unanimously. • • Planning Commission December 11, 1973 Page Two Chairman Clinton opened the public hearing on rezoning HOLLAND HOUSE INC. Petition R-73-37, Holland House, Inc., Dale Holland, President, 434 Tanglewood St. agent for Mrs. R.P. Kennard, Robert H. Seay, Mrs. Eugenia Petition R-73-37 Kennard Seay, and Helen R. Sandford, for property located at 434 Tanglewood Street, and to rezone from R-1, Low Density Residential District, and I-1, Heavy Commercial and Light Industrial District, to R-2, Medium Density Residential District. Larry Wood gave the Planning Report and recommended the zoning change. Attorney Hugh R. Kincaid and Mr. Holland were present to represent the petition. Mr. Kincaid said they feel that this will serve as a very good buffer between the residen- ,tial and industrial zones. He said Mr. Holland tries to maintain the natural surrounding; they were not asking for a high density development; and do not believe it will be damaging. Mr. Kincaid showed a rough layout of_the.way they hoped it would exist and said Mr. Holland's primary hope is that this will develop as owner occupied property rather than as rentals. He said Mr. Holland's desire also is to leave this road. Chairman Clinton invited comments from the audience. Marie Poindexter questioned Larry Woodb comment and said she thought it was strange theirs is the only neighborhood that should have this type of building. Larry Wood said the comprehensive plan indicates that for the City to meet the desires and needs of people for different housing types that each neighborhood should have a variety of choice. He said he thought parcels like this, as far as planning is concerned, can serve the City well by developing multi -family. He said he also felt with the present situations in developing we are going to have to look at greater densities and that is why he recommended this. Mrs. Poindexter asked if he would put a high rise in Rolling Hills or miltiple units. Larry Wood said it would depend on the property and the surrounding property but that he had made such a recommenda- tion in Rolling Hills. Ginger Parker said she had no objection herself but that she lived on Tanglewood and Tanglewood and the end of Lafayette are not paved roads. She thought this would create more traffic. Hugh Kincaid said Tanglewood does encroach on the property. John Maguire asked if this would not be a Large Scale Development. Bobbie Jones said Mr. and Mrs. William Bohn telephoned the Planning Office to oppose rezoning. Mrs. Poindexter asked Mr. Holland what type of buildings he proposed.• Mr. Holland said cluster buildings in townhouse fashion which in most cases would be two stories with 25 single units per cluster. He said they would be mostly two-bedroom units and occasionally three-bedroom with one single family per unit. In most cases two people. The cost would be approximately $25,000 per unit. Mr. Poindexter asked if there could be trailers. Chairman Clinton explained that anything over one acre requires a Large Scale Development Plan. After the Planning Commission approved a Large Scale Development Plan the developer has to adhere to it for the building permit. No deviations are permitted from original plan. Mel Chamberlain asked if the City would not require the street be opened up for fire protection. Chairman Clinton said he rather doubted that the City would require this. Mr. Chamberlain said he was opposed because of renting and because two stories would obstruct their view toward town. Mr. Chamberlain said Mrs. E.M. Murphy called and said she was opposed, too. Hugh Kincaid said Mr. Holland wants an ownership approach. Helen Edmiston said she thought it was an excellent plan and that it would be an asset. Al Hughes asked if the only entrance is on Lafayette. Mr. Holland said as my original plan or around the corner and on to Maple. Chairman Clinton said that regarding Ginger Parker's question about paved streets he thought it might be recommended that a street might be required to be paved by the developer. The public hearing was concluded. Mrs. Edmiston moved that the the petition be approved and Edmiston, Jacks, and Maguire approved. Planning Commission recommend to the Board of Directors that Mr. Jacks seconded the motion. Clinton, Hughes, Murphy, voted "aye" -- Childress voted "nay". The motion was Planning Commission December 11, 1973 Page Three The public hearing was opened by Chairman Roy Clinton on Rezoning Petition R-73-38, Johnie Bassett, agent for Mayflower Investment Company, for property located south of Harold Street, East of College Avenue, and west of Sheryl Avenue, and to rezone from R-1, Low Density Residential District, Residential District, to R-0, Residential Office District. Larry Wood gave the Planning Report in which he recommended the R-1 District and R-2 be rezoned to R-0. Al Hughes said it seemed to him that they sent through the same deal on this property with someone else. Larry Wood said this is difficult because development in R-2 is very similar to that in R-0. Hal Trumbo was present to represent the Mayflower Investment Company and said this is strictly for professional lots. Chairman Clinton asked if he could live without curb cut onto Harold Street. Hal Trumbo said the idea was to get two rows of lots off a street. He said he thought it would help Harold Street. The developer would have to put in curbs, gutter, and drain tile. Chairman Clinton said it might take the pressure off of Sheryl. Hal Trumbo said the intent is for offices. The proposed street may be changed around. No one appeared in opposition to the request. Bobbie Jones said Clayton Powell, Street Superintendent, had contacted her. When Byron Boyd and K -Mart had submitted plans previously they had agreed to install drainage and curb and gutter for Harold Street.cAiof this date, the International House of Pancakes has put up a bond to cover their share, but that is all that has been done. Ervin Wimberly commented that if they had put curb and gutter in it they would have had to complete it immediately. Some way it got dropped. K -Mart at one time was also willing to put in the curb and gutter. Hal Trumbo said he had talked to some of the adjoining property owners and they would like to see it R-0. The public hearing was concluded. JOHNIE BASSETT Mayflower Investment Co. Petition R-73-38 and R-2, Medium Density Ernest Jacks moved to recommend to the Board of Directors to rezone R-1 and R-2 to R-0 and advise the developer that if this passes, the Planning Commission will look with great disfavor on anything other than low type office buildings. The motion was seconded by John Maguire and was approved unanimously. A Conditional Use Request had been submitted by Mission MISSION BAPTIST CHURCH Baptist Church, Brian Disney, representative, to use 600 Mission Baptist Church property at 600 Mission Boulevard for church purposes. The Conditional Use request includes the right to construct a proposed building. Brian Disney was present to represent the Mission Baptist Church. He said their congrega- tion numbered about 50 and none were bused. Chairman Clinton asked if they were going to use the existing structure for classrooms. Bobbie Jones said the proposed structure will have to be moved to the west to meet the setback requirements. Emily Tompkins was interested in the traffic that it would create. Brian Disney said they don't intend to ever leave this location. Their philosophy is to build a lot of small Baptist Churches instead of one big church. Ernest Jacks said they have a City regulation that would prevent the driveway to be located so close to the intersection of Assembly Road. There was no one present in opposition. Ernest Jacks moved the conditional use request be approved with the stipulation that they meet all City requirements. Marvin Murphy seconded the motion which passed unanimously. A request for interpretation of use units contained in the zoning ordinance submitted by the Planning Administrator and pertaining to Farm Service Coop's "seed cleaning operation" was discussed next. Mr. Walter Losey was present to represent Farm Service Coop. FARM SERVICE COOP Razorback Road Use Unit Interpretation There was very little discussion and John Maguire moved that this be interpretated as being in Use Unit 21 as he thought it was clearly warehousing. Marvin Murphy seconded the motion which was unanimously approved. • • Planning Commission December 11, 1973 Page Four The Commission's next item was the Conditional Use Request submitted by Foremost Foods Company to park refrigerator trucks on a lot with Horton's Service Station, 2000 North College Avenue. Mr. Phillips was present to represent Foremost Food Company. Bobbie Jones said the Planning Office nearest category they can place it in is a conditional use in C-2. Ernest Jacks moved to grant the was approved unanimously. FOREMOST FOOD COMPANY Horton's Service Sta. 2000 N. College Avenue Conditional Use considered this a conditional use because the is Use Unit 21, warehousing and wholesaling, which request. Christine Childress seconded the motion which The next matter discussed was the Large Scale Development Plan submitted by Duane Nelson to construct a barn on property west of Nelsons Funeral Home, 3939 North College Avenue. Mr. Nelson was not present to represent this. BARN D. Nelson's Barn W. of 3939 N. College Ave. LSD Ernest Jacks said the Subdivision Committee recommended approval and he moved that the Large Scale Development be approved. Al Hughes seconded the motion which was approved. The Final Plat of Rosewood Estates submitted by David M. & Carolyn Anne Rose was discussed next. David and Carolyn Rose were present to represent the plat. ROSEWOOD ESTATES David & Carolyn Rose Final Plat Ernest Jacks said the Subdivision Committee recommended approval with the stipulations that storm drainage be constructed between Lots 1 and 2, and the wording in the note concerning Lot 11 be revised to read - "Lot 11 has been approved by the Planning Commission for construction of a water pump station". A contract to insure installation of improvements has been signed by Mr. & Mrs. Rose Al Hughes moved the Final Plat be approved with the stipulations that storm drainage be constructed between Lots 1 and 2, and the wording in the note concerning Lot 11 be revised to read - "Lot 11 has been approved by the Planning Commission for construction of a water pump station". Marvin Murphy seconded the motion which was approved unanimously. The next matter discussed was the proposed Final Plat for Clover Creek, E & J Development, Inc., Subdivider. Clover Creek is a replat of a part of Meadowlark Addition. Ernest Jacks reported that the Subdivision Committee recommends approval with the provision that they extend the easements from the end of culde-sacs all the way to the creek. Also, it was mentioned that the buildable area of Lots 22, 39 and 40 could be increased if the cul-de-sacs were moved to the west as far as the north -south easements through Lots 23 & 24 and Lots 38 & 39. A contract to insure installation of the improvements has been signed by E & J Development, Inc. CLOVER CREEK E & J Development Final Plat Ernest Jacks moved that they approve the Final Plat for Clover Creek with the following provisions: (1) the extension of the easements out of the cul-de-sacs and (2) give the Planning Office authority to approve minor changes on those small lots, and (3) get a contract. Al Hughes seconded the motion. Clinton, Hughes, Murphy, Jacks, Childress, Maguire, voted "aye" and Mrs. Edmiston abstained from voting because of a conflict of interest. The motion was approved. Planning Commission December 11, 1973 Page Five •The next matter considered was the request of the Doctor's DOCTOR'S BUILDING Building Corporation, 241 West Spring Street, to use a lot 241 West Spring at 200 West Meadow Street for additional parking. Don Amendment to LSD Plan Phillips was present. Bobbie Jones told the Commission this may either be considered as an amendment to the approved Large Scale Development Plan or the Commission may approve it as "off-site" parking. Ernest Jacks said the Subdivision Committee recommended approval and he moved that they grant the request for an amendment to the Large Scale Development Plan. Chriistine Childress seconded the motion which passed unanimously. The next matter discussed was the Conditional Use Request submitted BUD BROWN by F.E. "Bud" Brown, 1400 Harold Street, to use his home as 1400 Harold Street a real estate office. This is permitted on a temporary Conditional Use Request basis. Al Hughes moved that they grant approval for the use and Helen Edmiston seconded the motion which passed unanimously. Larry Wood requested permission to postpone until the next LAND USE PROPOSALS meeting a report of the study of land use and service road Highway 62 West proposals along Highway 62 West from Hanshew Avenue to the City Limits. distributed Arthur Skeltoz.jsome material to the Commission and said he OTHER BUSINESS was interested in I-1 zoning for some land between Cato Springs Road and Highway 71 Bypass. A study of this area will be scheduled for the next meeting. After consulting with the other Commission members, Chairman Clinton set the date for the next Planning Commission meeting at January 8, 1974. The meeting was adjourned at 5:45 P.M. • RESOLUTION PC 34-72 • • WHEREAS, a public hearing was held by the Planning Commission, Tuesday, December 11, 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 circu- lation; and WHEREAS, after the public hearing the Planning Commission voted to make a recommendation to the Board of Directors on Rezoning Petition R73-36, Ozark Floor Company, Inc. 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: Part of the NW*, SW*, of Section 10, T -16-N, R -30-W, described as beginning 342 feet and 5 inches East and 927.50 feet North of the SW corner of said 40 acre tract, and running, thence East 53 feet and 8 inches, thence South 178 feet; thence West 53 feet and 8 inches; thence North 178 feet to the point of beginning, Except 6 feet of uniform width off the North side thereof reserved for alley or street purposes, being further described as part of Lots 10 and 11 in Block 8, in the County Court of NW*, SW*, Sec. 10, T -16-N, R -30-W (Davidson's Second Addition) to the City of Fayetteville, Arkansas. 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 build an addition to Ozark Floor Company's storage building. PASSED AND APPROVED this 11 day of PECE/A3ER , 1973. APPROVED* ROY CLINTON, Chairman • RESOLUTION PC 3C-73 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, December 11, 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 R73-37, Holland House, Inc. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYErrlVITJF, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from R-1, Low Density Residential District and I-1, Heavy Commercial and Light Industrial District to R-2, Medium Density Residential District said real estate. LEGAL DESCRIPTION: Part of the NW,i-,, NWt, NEt, of Section 15, T -16-N, R -30-W in the City of Fayetteville, Arkansas, described as beginning at a point which is 350 feet East and 523 feet South of the NW corner of said 10 acre tract, said point being in the South line of Lafayette Avenue in said City, and running thence South 137 feet to the South line of said 10 care tract; thence East 310 feet_to;thenSEcdorner of said 10 acre tract; thence North on the East line of said 10 acre tract 434 feet to a point 226 feet South of the NE corner of said 10 acre tract; thence West 139 feet to the East line of the Murphy lot which was excepted from the original Deed to R. E. Kennard; thence South 74 feet to the SE corner of the Murphy lot; thence West 171 feet along the South line of said lot or to the East line of Tanglewood Avenue in said City; thence South with the East line of said Avenue 223 feet more or less to the point of beginning. SECTION 2. That the above-described property be rezoned from R-1, Low Density Residential District and I-1, Heavy Commercial and Light Industrial District to R-2, Medium Density Residential District, so that the petitioner may develop the property for multi -family housing. PASSED AND APPROVED this � day of D E C EM 8E R APPROVED.' , 1973. ROY CLINTON, Chairman • RESOLUTION PC 310-- 73 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, December 11, 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 R73-38, Mr. Johnie Bassett. 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 and R-2, Medium Density Residential District to R-0, Residential Offfice District said real estate. LEGAL DESCRIPTION: A part of the SE'k, SEt, Section 26, and part of the NEL, NE* of Section 35, and all of Lots 2, 3, and 4 of T -17-N, R -30-W, of the 5th P.M. and being particularly described as follows: Starting at the SW corner of the SEt, SEt of said Section 26, thence East 40 feet; thence N 0° 6' E 85 feet; thence 5 89° 34' E 599.52 feet to the point of beginning; said point of beginning being the NW corner of Lot 2, Block 1, of Oakland Hills Addition; thence S 89° 34' E 300 feet to the NE corner of Lot 4, Block 1, Oakland Hills Addition, thence South 970 feet; thence West 300 feet; thence North 972.27 feet to the Point of Beginning and containing 6.69 acres, more or less. SECTION 2. That the above-described property be rezoned from R-1, Low Density Residential District and R-2, Medium Density Residential District to R-0, Residential Office District, so that the petitioner may be able to build professional offices on this. property. PASSED AND APPROVED this day of APPROVED- PEcFMBER , 1973. ROY CLINTON, Chairman rrl • -rtte - RESOLUTION PC 37-73 WHEREAS, at itssregular meeting on Tuesday, December 11, 1973, the Planning Commission voted to make a recommendation to the Board of Directors on the final subdivision plat known as Rosewood Estates, submitted by David and Carolyn Rose and WHEREAS, the Planning Commission recommended because the necessary improvements have not been installed in said subdivision that David and Carolyn Rose enter into and furnish the City with the necessary subdivision contract before the Board of Directors accepts this final subdivision plat. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVI7.T.F, ARKANSAS: SECTION 1. The necessary subdivision contract be executed with the City prior to the Board of Directors accepting the final subdivision plat. SECTION 2. That the City of Fayetteville, Arkansas accept the final plat along with the land dedicated for streets and other public hses in the Rosewood Estates subdivision described as follows: A part of the NE,t-,, SEt, Section 35, T -17-N, R -30-W, 5th P.M.;r Washing- ton County, Arkansas, more particularly described as: Beginning at the NW corner of said 40 acre tract, thence S 89° 23' E 1320 feet, thence South 924 feet, thence West 726 feet, thence N 45° W 175.36 feet, thence North 197 feet, thence N 74° 03' E 128.97 feet, thence North 329.96 feet, thence on an arc 75.79 feet on a circule whose radius is 275 feet with center located 507.63 feet South and 778.81 feet West of the NE corner of said 40 acre tract, thence on an arc 163.60 feet on a circle whose radius is 50 feet with center located 215.92 feet South and 848.99 feet West of the NE corner of said 40 acre tract thence N 89° 23' W 426.95 feet, thence North 200 feet to the point of beginning. PASSED AND APPROVED this llth day of December' , 1973. APPROVED ROY CLINTON , Chairman ATTEST: Ernest Jacks, Secretary • RESOLUTION PC 38-73 WHEREAS, at its regular meeting on Tuesday, December 11, 1973, the Planning Commission voted to make a recommendation to the Board of Directors on the final subdivision plat known as Clover Creek Subdivision submitted by E and J Development, Inc. and WHEREAS, the Planning Commission recommended that bedause the necessary improvements have not been installed in said subdivision that E and J Development, Inc. enter into and furnish the City with the necessary sub- division contract before the Board of Directors accepts this final subdivision plat. NOT THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. The necessary subdivision contract be executed with the City prior to the Board of Directors accepting the final subdivision plat. SECTION 2. That the City of Fayetteville, Arkansas accept the final plat along with the land dedicated for streets and other public uses in the Clover Creek Subdivision described as follows: Part of the NW*, NWt of Section 28, T -16-N, R -30-W, Washington County Arkansas, more particularly described as follows: Beginning at a point 170 feet West and 30 feet S 00 9' E of the NE corner of said 40 acre tract, said point being on the South ROW of State Highway 265; thence S 0° 9' E 1145.00 feet; thence East 170 feet; thence S 0° 9' E 145 feet; thence West 926.07 feet to the centerline of a creek; thence N 6° 41' 30" E 165.08 feet along said centerline; thence N 89° 49' W 71 feet along said centerline; thence N 21° 19' W 68.05 feet along said centerline; thence East 581.98 feet; thence N 0° 9' W 450 feet; thence East 628.01 feet to the centerline of a creek; thence N 21° 14' E 170.29 feet along said centerline; thence N 00 56' W 66.28 feet along said centerline; thence East 566.83 feet; thence N 0° 9' W 387.42 feet to the South ROW of State Highway 265; thence East 250 feet along said ROW to the point of beginning. PASSED AND APPROVED this llth day of December , 1973. ATTEST: Ernest Jacks, Secretary APPROVED: 6 ROY CLINTON, Chairman