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HomeMy WebLinkAbout1974-02-12 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held February 12, 1974 at 4:00 P.M. in the Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Vice - Chairman Gitelman called the meeting to order. The first item to be discussed was the election of officers for the Commission. A Nominating Committee report was given by Ernest Jacks who gave the following as nominees: Chairman, Morton Gitelman; Vice -Chairman, Al Hughes; Secretary, Ernest Jacks. Vice -Chairman Gitelman opened the floor to any additional nominations. Donald Nickell nominated Ernest Lancaster as Vice -Chairman and moved to vote by secret ballot. Ernest Jacks nominated Helen Edmiston as Secretary. The nominations ceased and vote was then taken by secret ballot. Ernest Jacks was elected Secretary. Morton Gitelman was elected Chairman. Four votes each were cast for Hughes and Lancaster as Vice -Chairman. Chairman Gitelman suggested that they wait for a revote until a full Commission was present to vote since one member was absent. Chairman Morton Gitelman, Donald Nickell, Al Hughes, Ernest Lancaster, Ernest Jacks, Helen Edmiston, John Power, Rita McRee. John Maguire Bobbie Jones, David McWethy, Mayor Russell Purdy, Larry Wood, Mr. Don Johnston, Mr. & Mrs. R.B. Tedford, Al Hoekstra, Jim January, Judge Maupin Cummings, Walter Niblock, Gordon Wilkins. ELECTION OF OFFICERS The minutes of the January 22, 1974 meeting were approved as mailed. The next item for discussion was the rezoning Petition R74-1, J. Austin Parish, to rezone property located South of Holly Street and North of the Oak Plaza Shopping Center from R-2, Medium Density Residential District, to C-1, Neighborhood Commercial District. This petition was left on table January 22, 1974. At that time Mr. Don Johnston informed the Commission he had purchased the property after the petition was filed. Mr. Johnston offered to amend the petition to include some R-0 on the south side of Holly Street. Larry Wood gave the Planning Report and recommended that the C-1 request be approved for all that portion of the application less a 100' strip on the south side of Holly Street which is recommended to be rezoned to R-0 District. Mr. Johnston was present but had no comments. Chairman Gitelman read a letter from Mr. & Mrs. Gerald Knowles of 1020 Holly Street who expressed that they didn't oppose the office buildings if they would close Lindell Street to take off some of the traffic on Holly which is a narrow street and thought it would be better if the office buildings opened into the shopping center. They were opposed to commercial buildings on Holly Street. Chairman Gitelman felt that the closing of Lindell at this time would be premature. Ernest Jacks moved to approve the petition on the basis that the revised Planning Report be accepted and rezone to C-1 with the exception of a 100 ft. strip on the south side of Holly Street which would be rezoned to R-0. Helen Edmiston seconded the motion which carried unanimously. MINUTES J. AUSTIN PARISH S. of Holly St. Petition R74-1 Chairman Gitelman opened the public hearing on Rezoning Petition R74-3, R.B. & Sammie Tedford, to rezone property located on the Northeast corner of Hill Avenue and Sixth Street (Highway 62 West) from I-1, Heavy Commercial & Light Industrial District, to C-1, Neighborhood Commercial District. Larry Wood gave the Planning Report and recommended that it be rezoned Commercial District. Mr. & Mrs. Tedford were present. R.B. & Sammie Tedford Hill & Sixth Street Petition R74-3 to 0-1, Neighborhood Planning Commission February 12, 1974 Page Two There was no one present to oppose the petition. The public hearing was closed. Ernest Jacks moved that the Planning Commission recommend to the Board of Directors that Petition R74-3 be approved to rezone property to C-1, Neighborhood Commercial District. Donald Nickell seconded the motion which carried unanimously. Chairman Gitelman informed the petitioners that the Planning Commission's approval is not the final action and that these petitions will go before the Board of Directors on February 19, 1974. Chairman Gitelman opened the public hearing to consider an amendment GENERAL LAND USEPLAN to the General Land Use Plan in an area bounded on the East by Hwy. 71 Bypass and Highway 71-8, on the south and west by Highway 71 Bypass and lying S. of Hwy. 16 Bypass on both the North and South sides of Highway 16 Bypass. Larry Wood presented a sketch of the proposed Land Use Plan and gave an explanation of it. He noted certain changes and specifications. He gave a comparison of acreages in existing zones, proposed land use, and land use on the existing comprehensive plan. Larry Wood said this plan would have no C-1 in it. There would be a reduction in the total amount of industrial on the proposed plan. Judge Maupin Cummings was present and opposed the change from commercial of the property on the southeast corner of 18th Street and Custer Lane and also the property on the north side of Cato Springs Road between Ashwood and Vale Avenue. Chairman Gitelman informed him that this was not rezoning of property but only a change in land use which is a guide to future zoning. Larry Wood pointed out that only one of these properties is being proposed for a change in land use. There were no further comments from the audience. Al Hughes moved the plan be recommended to the Board of Directors for adoption and approved. Helen Edmiston seconded the motion which carried unanimously. The next item for discussion was a public hearing on a proposed ordinance ORDINANCE 1747 to amend Ordinance 1747, Appendix A - Zoning, Code of Ordinances, Fayetteville, AMEND Arkansas, to reduce all lot requirements in R-1, Low Density Residential District, and in R-2, Medium Density Residential District. (Tabled from January 8, 1974 and January 22, 1974). Larry Wood did not have a report prepared on this and John Maguire, Commissioner who was absent, had expressed an interest in this; therefore the Commission left the matter on table until Feb. 26: Al Hughes proposed the Commission consider reducing the minimum lot width for single family homes to 60 feet with 7,000 square feet and 10,200 square feet for duplexes. The next item was the large scale development plan to construct a SAMBO'S RESTAURANT Sambo's Restaurant on property owned by General Growth and located Highway 71 South on North College between Northwest Arkansas Plaza and Nelson's LSD Plan Funeral Homes. (Tabled from January 8, 1974) Al Hoekstra, Manager of the Northwest Arkansas Plaza was present. Ernest Jacks gave the Subdivision Committee report and said they requested that the requirements of the Telephone Company and Ozark Electric be met and that the access road be built according to minimum City standards and the Major Street Plan and right-of-way be met. Also, something should be worked out about screening around the garbage area. Al Hoekstra said he had met with the Street Superintendent, Clayton Powell, and agreed to meet the street requirements,&needs of the telephone and electric company. Mr. Hoekstra said he wants to cooperate with the Sanitation Department. He said Wally Brt informed him the sanitation truck must come in on the north side so that the truck will have enough turning radius. Bobbie Jones said she believed Mr. Brt had told her before that there is only one man in the tender truck and he is not supposed to get out of the truck and that the transmission was standard and the men had to be careful of the truck rolling. Mr. Hoekstra and Commissioner Power both substantiated these facts. Ernest Jacks moved to approve the plan subject to the restaurant meeting the Telephone Company and Ozark Electric requirements and building the access road according to City Planning Commission February 12, 1974 Page Three standards with right-of-way to the Major Street Plan requirements 50 feet from the drive into the Mall area and that some screening of some sort be worked out with the Sanitation Department for the garbage area. Mr. Jacks was strongly in favor of screening garbage. Chairman Gitelman asked that before the next meeting Mr. Grimes and Sanitation Superintends Wally Brt, should work out a policy about acreening garbage where it won't be so exposed and still able to pick up. Al Hughes seconded the motion which carried unanimously. The next item for discussion was the large scale development plan submitted by Ozark Floor Company, 928 North College Avenue, to construct additional warehousing space. Jim January was present. Ernest Jacks gave the Subdivision Committee report in which they requested 5 feet of right-of-way on Baxter and Cleburn and 10 feet on Highway 71 to comply with the Major Street Plan. Mr. January was reluctant to dedicate the right-of-way because the buildings on Baxter were so close to the street that the right-of-way could possibly cut into them. He said he would try and cooperate and give the right-of-way needed if it did not cut into any construction or existing building of his. Clayton Powell, Street Superintendent, and Paul Mattke, City Engineer had submitted letters commenting about the cluttered usage of the property. Ernest Lancaster asked if this all came about because he needed to enlarge his existing warehouse. Chairman Gitelman said they got a zoning change before and then the Board of Adjustment gave them a variance for the building. Ernest Jacks ;moved to approve the plan with the provision that the petitioner work with the City and give as much right-of-way as possible to bring the street up to standards of the Mayor Street Plan. Helen Edmiston seconded the motion which passed unanimously. OZARK FLOOR COMPANY 928 N. College Ave. LSD Plan The next item discussed was a request from the City Manager that "CONTROLLED ACCESS" the Commission consider designating Highway 62 West as a Highway "Controlled Access Highway". There was some discussion among the members as to what they were being asked to do and if the recently approved Land Use Plan for Highway 62 West had not taken care of this since it included service roads. Chairman Gitelman said the Commission cant require the building of any access road unless it is designated a "Controlled Access Highway'9 by ordinance. Al Hughes moved they designate Highway 62 West as a "Controlled Access Highway". Bobbie Jones asked the Chairman if it might not be in order to have a public hearing on this matter because she had talked with the City Attorney and he felt they should. Mr. Hughes' motion was withdrawn. Mr. Hughes moved to call a public hearing to consider designating Highway 62 West a controlled access highway. Ernest Jacks seconded the motion which carried unanimously. Chairman Gitelman pointed out that Ordinance 1661 requires the service road parallel the controlled access highway. This ordinance should be amended to allow service roads to be moved away from the highway. Al Hughes moved to call a public hearing to amend Ordinance 1661 at the same time Highway 62 West is considered for a controlled access highway. Ernest Jacks seconded the motion which was approved unanimously. Attorney Walter Niblock was present to represent JUDGE CUMMINGS REQUEST Judge Maupin Cummings on his large scale development plan Dedication of RCM approved by the Planning Commission on July 24, 1973 and revised plan approved on January 8, 1974. The Planning Commission had requested 5 feet of right-of-way on Eastern, 5 feet on Lewis, and 5 feet on Highway 62 to meet the Major Street Plan. Mr. Niblock said Judge Cummings was agreeable to dedicating right-of-way on Lewis and Highway 62 but not on Eastern because he has an existing building against the right-of-way on Eastern. Planning Commission February 12, 1974 Page Four Ernest Jacks moved to accept the dedication of right-of-way on Lewis and Highway 62 and to forego right-of-way on Eastern at this time. Helen Edmiston seconded the motion. 'David McWethy said he could see the time. when we would have a three foot jog in the highway because an old building used to be there. Mr. Niblock said they get into some really tough legal problems in that respect. Bobbie Jones said if they ever come in for a building permit to replace the building they would have to conform. The motion passed unanimously. The next item was the proposed ordinance to amend Ordinance 1747, ORDINANCE 1747 Appendix A - Zoning, Code of Ordinances, Fayetteville, Arkansas to Tandem Lots allow for development of tandem lots. Referred back to the Planning Commission for further study and recommendation by the Board of Directors on February 5, 1974. Al Hughes said he would like to table this matter until the next meeting because there was not a full Commission present. Ernest Jacks said there were some changes in the proposed ordinance and he just got the material and needed to go over it. Mayor Purdy said the Board of Directors did put some safeguards on it. Al Hughes moved for it to remain on table until the next meeting. The motion was seconded by Mrs. Helen Edmiston and passed unanimously. Gordon Wilkins was present and requested the Planning Commission GORDON WILKINS consider his large scale development plan to build a single family Ridgely Drive dwelling on a large lot on Ridgely Drive. The Plat Review Committee LSD Plan had met on this after the Planning Commission agenda was prepared and mailed. There had been no problems. Helen Edmiston moved to approve the large scale development plan of Gordon Wilkins and John Power seconded the motion which carried unanimously. Chairman Gitelman said he had discussed with one Director the problem of septic tank development. He questioned whether the City is at a stage where it might want to have an outright ban within the established part of the City on anything except sewer. Mrs. Edmiston pointed out that there are lots in the built up area which do not have sewer available. The meeting was adjourned at 6:00 P.M. RESOLUTION PC 7-74 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, February 12, 1974, 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 on February 120'1974, to.make a.recommendation-.to the Board of Directors on Rezoning Petition R74-1, J. Austin Parish: WHEREAS, a public hearing was held by the Planning Commission, Tuesday, January 8, 1974, 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 LEGAL DESCRIPTION: Part of the SW4 of the NW** of Section 9, T -16-N, R-30 W, more particularly described as follows, to wit. Beginning at a point 485 feet South and 30 feet East of the NW corner of said 40 acre tract, and running, thence East 240 feet, thence South 200 feet, thence West 240 feet, thence North 200 feet to the point of beginning. ALSO: Beginning at a point 485 feet South and 320 feet East of the NW corner of said 40 acre tract, thence East 80 feet, thence South 150 feet, thence East 128 feet, thence South 50 feet, thence West 208 feet, thence North 200 feet to the point of beginning. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILTF, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from R-2, Medium Density Residential District to R-0, Residential -Office District, the following described real estate: LEGAL DESCRIPTION: Part of the SW4 of the NW4 of Section 9, T -16-N, R -30 -W more particularly described as follows, to -wit: Beginning at a point 485 feet South and 30 feet East of the NW corner of said 40 acre tract, and running, thence East 240 feet, thence South 100 feet, thence West 240 feet, -thence North 100 feet to the point of beginning. ALSO: Beginning at a point 485 feet South and 320 feet East of the NW corner of said 40 acre tract, thence East 80 feet, thence South 100 feet, thence West 80 feet, thence North 100 feet to the point of beginning. SECTION 2. That an ordinance be adopted for purpose of rezoning from R-2, Medium Residential District to C-1, Neighborhood Commercial District the following described real estate: LEGAL DESCRIPTION: Part of the SW4 of the NW4 of Section 9, T -16-N, R -30-W more particularly described as follows, to -wit: Beginning at a point 585 feet South and 30 feet East of the NW corner of said 40 acre tract, and running, thence East 240 feet, thence South 100 feet, thence West 240 feet, thence North 100 feet, to the point of beginning: ALSO, beginning at a point 585 feet South and 320 feet East of the NW corner of said 40 acre tract, thence East 80 feet, thence South 50 feet, thence East 128 feet, thence South 50 feet, thence West 208 feet, thence North 100 feet, to the point of beginning. PASSED AND APPROVED this 12th day of February , 1974. APPROVED: MORTON GITELMAN, CHAIRMAN RESOLUTION PC 8-74 WHEREAS, a public hearing was held by the Planning Commission Tuesday, 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 R74-3, Mr. R. B. Tedford and Mrs. Sammie Tedford. 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 I-1, Heavy Commercial and Light Industrial District to C-1, Neighborhood Commercial District.said real estate. LEGAL DESCRIPTION: Part of the SE* of the SW* of Sec. 16, T -16-N, R -30-W, more particularly described as follows: Beginning at a point 14 chains and 47 links South and 11 chains and 28 links West of the NE corner of said 40 acre tract, thence West 108 feet to the East line of Hill Street; thence North 2441 feet to the right of way of the St. Louis and San Francisco Railroad; thence Northeasterly with the curb of said right of way 128 feet, more or less to a point due North of the beginning point; thence South 334 feet to the point of beginning and known and designated as a part of Lot 13 in the County Court Plat of said SE*, SW* Section 16, T -16-N, R -30-W as shown on the Plat Book recorded in the Plat Book of Washington County at Page 11. . SECTION 2. That -the above-described property be:rezoned from I-1, Heavy Commercial and Light Industrial District to C-1, Neighborhood Commercial District, so that the petitioner may sell the property so that it can be developed commercially. 1974. PASSED AND APPROVED this 12th day of February APPROVED: MORTON GITELMAN, CHAIRMAN • RESOLUTION PC 9-74 WHEREAS, a public hearing was held by the Fayetteville Planning Commission 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 amend- ment to the Land Use Plan for the area bounded on the West and South by Highway 71 By -Pass; on the East by Highway 71-B; and lying on both the North and South sides of Highway 16 By -Pass (Fifteenth Street and Eighteenth Street). NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILTF, ARKANSAS. SECTION 1. That the proposed amendment to the Land Use Plan attached hereto, marked Exhibit 'IAD, and made a part hereof be adopted. PASSED AND APPROVED this 12th day of February , 1974. APPROVED: MORTON GITELMAN, CHAIRMAN RESOLUTION PC 10-74 BE IT RESOLVED, that a public hearing be called to consider an amendment to Ordinance 1661 (Section 18-13) Chapter 18, Code of Ordinances, Fayetteville, Arkansas) to provide that the Planning Commission may approve'a required service road that does not lie parallel to and immediately adjacent to a controlled access highway. BE IT FURTHER RESOLVED, that said public hearing be held on March 12, 1974, and that the Planning Administrator is hereby authorized to provide notice of said hearing by publishing a notice in. the Northwest Arkansas Times, a newspaper of general circulation, fifteen (15) days prior to said public hearing. PASSED AND APPROVED this 12th day of February , 1974. APPROVED: MORTON GITELMAN, CHAIRMAN • RESOLUTION PC 11-74 BE IT RESOLVED, that a public hearing be called for the purpose of considering an ordinance to designate Highway 62 West from its inter- section with Highway 71 By -Pass to the City Limits of Farmington as a Controlled Access Highway BE IT FURTHER RESOLVED, that said public hearing be held on March 12, 1974, and that the Planning Administrator is hereby authorized to provide notice of said hearing by publishing a notice in the Northwest Arkansas Times, a newspaper of general circulation, fifteen (15') days prior to said public hearing. PASSED AND APPROVED this 12th day of February , 1974. APPROVED: MORTON GITELMAN, CHAIRMAN