HomeMy WebLinkAbout1974-07-09 MinutesMINUTES OF A PLANNING COMMISSION MEETING
The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, July 9, 1974, in the
Directors Room, City Administration Building, Fayetteville, Arkansas.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Morton Gitelman, John Maguire, John Power, Ernest Jacks, Al Hughes,
Helen Edmiston, Rita McRee, Ernest Lancaster, Donald Nickell.
None.
Mayor Purdy, Al Eason, Bobbie Jones, Larry Wood, David McWethy,
Attorney David Malone, Mr. Warren Segraves, Howell Trumbo, Mrs. Pauline
Reed, Mrs. Marel Griffith, Loris Stanton.
Chairman Morton Gitelman called the meeting to order.
The minutes of the Planning Commission meetings of May 28, 1974, and June 11, 1974,
were approved as mailed.
The next item is a reconsideration of a request by the INDUSTRIAL FINANCE COMPANY
Industrial Finance Company for approval of off-site parking APPROVAL OF OFF-SITE PARKING
for a multi stray building on the West side of East Avenue,
and the North side of Center Street. This matter was considered and approved by the
Commission on June 9, 1974, and was referred back to the Planning Commission for recon-
sideration by the Board of Directors. Chairman Gitelman said he understood that City
Attorney Jim McCord has said that the Board of Directors does not have the authority to
review the Planning Commissions decisions in granting off-street parking approval. He
added that he felt -City Manager, Don Grimes' position is that when the Planning Commis-
sion does grant waivers of off-street parking in the downtown area where there is a
shortage of parking facilities, that the Planning Commission should get some sort of
written indication from the developers that they will support future acquisition of and
development of parking facilities in the downtown area.
Al Hughes said he was concerned about Industrial Finance using City parking and there is
another building planned close by that would have to use the same parking that was desig-
nated for this building.
Ernest Jacks - Brought out a point which Jim McCord had noted in his letter: An article
in the Fayetteville Code provides that no off-street parking spaces required in connection
with any building for the purpose of complying with the zoning ordinance shall be included
as off-street parking similarly required for any other building.
David McWethy - Considering that I haven't seen Mr. Grimes' letter, it is a clear statement,;
He said he thought the Commission should realize that a problem is building up and try to
do something about it.
Mayor Purdy said there were several points discussed at the Board meeting:
1. The legality, if such action taken is legal, someone outside the square area can't
do this. He has to supply his own parking area, and not the public areas provi-
ded. It Was asked if this was equitable.
2. The telephone company had already pre-empted some of this area under similar cir-
cumstances in the past on a Board of'Adjustment action.
3. Are we using up public parking spaces in this manner.
Chairman Gitelman - Suggested a committee of the Planning Commission get with Larry Wood
and study the matter to see what changes might be necessary.
Al Eason - (with First Federal Savings and Loan Association) said First Federal has a pro-
posal to acquire the property West of their present building and through the Brown's Seed
building, and to build a new building. He said he did not know what the parking require-
ments will be, but that the Housing Authority had said that they could not build the
building if they had to meet parking requirements.
PLANNING COMMISSION MEETING MINUTES -2-
July 9, 1974
Rita McRee - asked if it is not unrealistic to say that people are not going to walk
further than 300 ft. from parking to a building.
John Maguire - suggested that a group be formed to solve the problem with a committee
from the Planning Commission working with the Downtown Fayetteville Unlimited group.
He said that the Municipal Parking Authority would probably make recommendation back
to the Planning Commission of the way that they see the problem.
Ernest Jacks moved that the Planning Commission allow the waiver (off-site parking
approval) granted at the last meeting to stand.
John Power - seconded the motion. Gitelman, Maguire, Power, Jacks, Edmiston, McRee,
Lancaster, and Nickell voted "Aye"; Highes voted "Nay". The motion was approved.
Ernest Lancaster requested that if possible the study proposed by Mr. Maguire be ex-
pedited.
Chairman Gitelman opened the public hearing on Rezoning Pe- PUBLIC HEARING REZONING
tition R74.8, General Growth Development Corporation, for Petition R74-8
property located at 4201 North College Avenue, to rezone: General Growth Development
Tract 1: From R-1 Low Density Residential District, and
R-2, Medium Density Residential District, to C-2, Thoroughfare Commercial District, ex-
cept that portion lying on the East side of said property which is already zoned C-2.
Tract 2: To rezone from R-1, Low Density Residential District, R-2, Medium Density Re-
sidential District, and C-2, Thoroughfare Commercial District, to R=3, High Density Re-
sidential District.
Larry Wood presented a lengthy planning report. This report had not been mailed out
to the Commission and petitioner in advance as is customary. In the report, Mr. Wood
pointed out that a traffic count done in March, 1973 indicated 8,900 vehicles per day
utilizing the two existing access points to the Northwest Arkansas Plaza. He estimated
the expansion would increase the traffic count to approximately 13,350 per day. The
R-3 rezoning request..could generate an additional 10,664 trips per day. His recom-
mendations were that consideration be givelto rezoning the C-2 portion of the request
as follows:
1. C-2 District for that part of the plan that includes the proposed building and re-
lated parking; and
2. R-0 District for that remaining portion of the C-2 requested. He recommended that:
General Growth Development Corporation should provide a legal description for this
split if approved by the Planning Commission. He also recommended that the remain-
der of the request (the R-3 District) be tabled until additional access can be pro-
vided the property under application.
David Malone was present to represent General Growth Development Corporation. He
pointed out that the matter of traffic was taken up at the last Board of Directors
meeting and that General Growth Properties have offered to pay the cost of paving the
frontage road in front of the Nelson Funeral Home, if the right-of-way can be secured
by the City. He explained that Nelson Funeral Home had offered an alternative propo-
sal which will be considered by the Board of Directors at the next meeting.
Mr. Malone said the proposed expansion to the Plaza is for additional retail space.
The portion within the dotted be C-2. He said his clients would agree to the recom-
mendations of Mr. Wood and added that General Growth has no current plans for the sec-
tion they requested to be R-3 and they will come back to it at a later time.
There was no one present to oppose the petition. The public hearing was closed.
Mr. Malone was told that the R-3 request could be withdrawn and resubmitted at a later
date; tabled for 45 days; or, if the petitioner would agree in writing it could be
tabled for a longer period of time.
Mr. Jacks moved that the Planning Commission follow their Planning Consultant's recom-
mendation to the Board of Directors that the tract requested for rezoning to C-2 be
rezoned C-2 for that portion that includes the proposed building and related parking
and the balance of that tract be rezoned to R-0; that General Growth provide a legal
description for these proposed C-2 and R-0 districts; and that the request to rezone
Tract 2 to R-3 be tabled with General Growth to either submit a letter agreeing,to the
tabling of this portion of the petition or, if they do not su mit,a letter agreeing to
an extended tabling of the petition, for the R-3 portion of the request to be considered
again within 45 days from this date.
Donald Nickell seconded the motion which was approved unanimously.
•
i
PLANNING COMMISSION MEETING -3-
July 9, 1974
Chairman Gitelman opened the public hearing on a Rezoning
Petition, R74-9, located at 2275, and 2283 South School
•Avenue,(Highway 71B) to rezone from R-1 to C-2 Thorough-
fare Commercial District. Petitioners are Pauline Reed,
and Marel Griffith.
Larry Wood presented the Planning Report,,He 'recommended the petition be approved for the
following reasons:
1. The property fronts on the Highway and has been used for Commercial uses in the past.
2. The general character in the zoning pattern of the surrounding area to the North and
the South and to the East across Highway 71 is Commercial.
3. The Comprehensive plan as amended by the Cato Springs Study suggests the future
land use for that property be commercial.
Mrs. Reed and Mrs. Griffith were present to represent the petition. They asked whether
a dwelling could be,built on the rear portion. Mrs. Edmiston said one could be built
on it while it is zoned R-1, but not if it is changed to C-2. Mrs. Reed and.Mrs. Griffith
asked if all the property would be rezoned to C-2. Chairman Gitelman said this is what
the petition requests and is what is being considered.
There were no objections to the petition, therefore, the public hearing was closed.
Helen Edmiston moved that the Planning Commission recommend to the Board of Directors
that Petition R74-9, Mrs. Pauline Reed and Mrs. Marel Griffith, be approved as petitioned.
It was voted upon and unanimously approved.
REZONING PETITION R74-9
Mrs. Pauline Reed
Mrs. Marel Griffith
2275 South School
A request from Dr. J. B. Hays and Johnie Bassett for Plan- DR. J. B. HAYS and
ning Commission approval of a proposed access off Highway Johnie Bassett
71 North approximately 350 ft. South of Zion Road had been Reouest for driveway
tabled from June 11, 1974 because there was no one present access to Highway 71 N.
on behalf of the request at that time. (This portion of
Highway 71 is designated controlled access). There was still no representative present, so
the matter was left on table.
Chairman Gitelman opened the public hearing on a proposed PUBLIC HEARING
ordinance to amend Appendix A. Article 8, Section 9-1 (one) Amend Zoning Ordinance
Code of Ordinances to clarify the off-street parking re- off-street parking
quirements.
Chairman Gitelman read the proposed ordinance to the Planning Commission. There was a
discussion of how adequate parking can be provided in the future, especially in the
Central Business District. It was noted that, in general, there should be a standard
set that if you can't provide parking on the lot, it should be leased or owned within
approximately 300 ft.; however, persons are unable to purchase or lease City parking lots.
Al Eason said that when the City Parking Lots were started, the City loaned its credit
to Downtown Fayetteville Unlimited to cover the cost of the lots, surfacing, curbs, and
parking meters. He said parking stickers are available at a cost of $6 a month, allowing
persons to park at any off-street parking lots. Downtbwn Fayetteville Unlimited guaran-
teed to make up the difference between meter revenues and the bond payments. Chairman
Gitelman said he saw some problems in what is proposed, as there have been cases,where
people, who didn't have off-street parking obtained a letter of agreement from someone
to use parking spaces This proposed ordinance requires people to buy or lease space.
Ernest Jacks- suggested the Commission table this matter.
Al Hughes said the Commission has already approved the Industrial Finance and First Federal
is coming up and that his concern is that we must do for one person, the same as we do
for the other; and that everyone must be treated in equal respects.
Loris Stanton stated that this is the concern of the Board of Directors, that unless ad-
ditional lots are made available, then there is not any parking space downtown.
PLANNING COMMISSION MEETING -4-
July 9, 1974
He added that hopefully the City will work out an agreement with developers for them
to participate in the purchase of even a small amount of parking space. If the old
post office is transformed into a City Hall, this will just compound the problem. He
thought it not right or fair to the downtown merchants for two or three people to
take up all the parking spaces.
John Power said he understood that the parking authority is real close to putting a
package together. They are even working with the hospital board on a proposed park-
ing plan out in the hospital area. This could mean structured parking out in the
North street area, structured parking for the downtown area and this will be clari-
fied with the study in time.
Chairman Gitelman suggested the downtown area may require a different approach on
parking than the rest of the City; for example, abolish the off-street parking require-
ments in the downtown area, but require any developer there to contribute proportionately
to a fund to provide for parking downtown.
Lancaster moved that the Planning Commission table the proposed amendment until the
joint study is completed and to expedite them.
Edmiston seconded the motion which was unanimously approved.
A large scale development plan had been submitted by
Hamopah, Incorporated to enlarge the Diagnostic Clinic,
at 675 Lollar Lane.
Ernest Jacks reported for the Subdivision Committee that
there is still a matter of 5 ft. of additional street right-of-way on Trenton Boulevard
and Lollar Lane, that the owner would be required to dedicate; the Street Superintendent
was concerned about drainage, and the Board of Adjustment had granted a variance in
setback on condition parking on Lollar Lane is abandoned in the future.
Mr. Segraves said that after the proposed structure i5-conpleted,the parking on Lollar
Lane will be abandoned. „
Ernest Jacks moved the Large Scale Development plan be approved contingent upon the
owners making the right-of-way dedicationandsati dngtla City Street Department on
drainage.
Helen Edmiston seconded the motion, which was unanimously approved.
Ernest Jacks commented that the Board of Directors will not approve the plan until the
right-of-way dedication has been made.
DIAGNOSTIC CLINIC
L. S. Development Plan
675 Lollar Lane
Parker David Rushing had requested that the Large BANJO SPRINGS THEATRE
Scale Development Plan and conditional use request PARKER DAVID RUSHING
submitted by Parker Rushing, Jr. to construct a theatre L. S. Development Plan.
(Banjo Springs Theatre) on property lying North of the
terminal point of Stone Bridge Road and East of Crossover Road be removed from the
agenda and placed on the agenda of the next Planning Commission meeting. There were
no objections to this being done.
Mr. A. K. (Kenneth)Pippin had requested approval to ' TANDEM LOT
create a tandem lot behind 1649 West Cleveland. (1649 Mr. A. K. Pippin
West Cleveland is address of the new house to be construc- Cleveland Street
ted on the South side of Cleveland, East of where Lewis Avenue terminates at Cleveland.)
Ernest Jacks reported the Subdivision Committee had looked at the request and that the
Plat Review Committee had suggested that Mr. Pippin go ahead and dedicate the right-
of-way for Lewis Avenue to come through at a future time. Also, the utility companies
had requested an easement down the East property line.
He said that in order to get Lewis Avenue through without a jog in it would require
31 ft. of dedication from Mr. Pippin. I£ Mr. Pippin wants::to dedicate 50 ft. then it
is oak. with the Commission.
Edmiston moved that the Commission grant the request for a tandem lot contingent upon
PLANNING COMMISSION MEETING -5-
July 9, 1974
dedication of 31 ft.
Lancaster seconded .the motion.
al Larry Wood said if the applicant is willing to stay with 50 ft. and the high pressure
gas line is 10 ft., then we can shift the paving to the East and still keep the gas
line out from under the pavement.
David McWethy said that the Commission cannot make a motion contingent upon any right-
of-way dedication for a tandem lot, therefore, the motion cannot be made with this re-
quirement.
Mr. Lancaster withdrew his second; Mrs. Edmiston withdrew her motion.
Bobbie Jones stated that the tandem lot is over an acre, therefore, it can fall under a
large scale: development plan. A street right-of-way dedication can be required.
Mrs. Edmiston moved that the Planning Commission approve the tandem lot with the request
that 10 ft. along Cleveland be dedicated and a utility easement be dedicated.
Jacks seconded the motion which was approved unanimously.
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Howell Trumbo was present to represent a large scale deve- LONG JOHN SILVER
lopment plan to construct a Long John Silver's seafood res- Sea Food
taurant on the Northwest corner of Sycamore and College. Sycamore & College Avenue
Ernest Jacks asked what property Long John Silver's would own. L.S.Development
Mr. Trumbo was not sure whether they would purchase all of the property which is presently
owned by Mr. Hatfield. He said the City, just a short while ago, took some of the pro-
perty to widen Sycamore because they didn't have what they needed. But they didn't take
enough to fulfill the Master Street Plan's requirements. The owner, Mr.. Hatfield, at
present is willing to dedicate 30 ft. from the centerline of Sycamore Street to the City.
Bobbie Jones said if the property is being divided, there will have to be some processing
through the Planning Office on that.
Ernest Jacks moved that the Commission approve the large scale development plan with a
dedication of 30 ft. of right-of-way from the centerline of Sycamore Street and the sign
be in conformance with the City Ordinances.
David McWethy mentioned that this item will be placed on the next City Board Agenda;
however, the Board will not approve the Large Scale Development Plan unless the property
owner dedicates the 30 ft. of right-of-way by July 16, 1974.
Helen Edmiston seconded the motion which was approved unanimously.
The meeting adjourned at 6:00 P.M.
RESOLUTION PC 2S- 74
General Growth Properties asked that the following property be rezoned: Tract 1
from R-1, Low Density Residential Dist. and R-2, Medium Density Residential Dist. to
C-2, Thoroughfare Commercial District except that portion already zoned C-2. Tract 2
to be rezoned from R-1, Low Density Residential Dist., R-2, Medium Density Residential
Dist. and C-2, Thoroughfare Commercial District to R-3, High Density Residential
District.
LEGAL DESCRIPTION:
Tract 1 -
From the NW corner of the SE,i-, of the SW4 of the above mentioned Section 23,
proceed S00° 36' 00" E 1011.60 feet; thence N 89° 25' 40" E 502.50 feet,
more or less, to the POINT OF BEGINNING, (1) thence N 00° 36' 00" W 2030.49
feet, more or less, (2) thence N 89° 26' 00" E 810.0 feet, (3) thence S
00° e 00" E 336.13 feet, (4) thence S 89° 26' 00" W 208.71 feet, (5) thence
S 00 36' 00" E 1694.36 feet, (6) thence S 89° 25' 40" W 601.29 feet, more
or less to the POINT OF BEGINNING and containing 1,291,066.9 square feet
or 29.64 acres, more or less, all in the City of Fayetteville, Washington
County, Arkansas.
Tract 2 -
Part of the Si of Section 23, T -17-N, R -30-W, more particularly described
as follows: Beginning at the NW corner of the SE*, of the SWI of the
above mentioned Section 23; (1) thence S 00° 36' 00" E 1011.60 feet, (2)
thence N 89° 25' 40" E 502.50 feet, more or less, (3) thence N 000 36' 00"
W 2030.49 feet, more or less, (4) thence N 89° 26' 00" E 810.0 feet, (5)
thence P1 00° 36' 00" W 290.0 feet, (6) thence S 89° 26' 00" W 1122.0 feet,
more or less, (7) thence S 120 08' 10" W 273 feet, more or less, (8) thence
S 51° 35' 10" 1 176.43 feet, (9) thence S 00° 36' 00" E 936.0 feet to the
POINT OF BEGINNING and containing 1,351,278.65 square feet or 31.02 acres,
more or less, all in the City of Fayetteville, Washington County, Arkansas.
WHEREAS, a public hearing was held by the Planning Commission, Tuesday, July 9, 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 to make a
recommendation to the Board of Directors on Rezoning Petition R74-8, General Growth
Properties.
NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD
OF DIRECTORS OF THE CITY OF FAYETTEVIJTF, ARKANSAS.
SECTION 1. That an ordinance be adopted for the purpose of rezoning Tract 1
(which was divided into 2 parcels of land referred to as "Tract A" and "Tract B".)
"Tract -A" - propose to rezone from R-1; R-2,to.0-2. "Tract B" - propose to rezone
from R-1, R-2, and C-2, to R-0 so that the petitioner may use the prop. commercially.
Tract 2 was placed on table.
LEGAL DESCRIPTION:
Tract A -
Part of the Si of Section 23, T-17-N1R-30-W, more particularly described as
follows:
From the NW corner of the SE*, SW4 of the above mentioned Section 23, proceed
S 487.07 feet, thence E 1108.95 feet to the Point of Beginning. Thence N 80°
44' 32" W 50 feet, thence S 80° 09' 40" W.290.0 feet, thence N 09° 50' 20" W
1030.0 feet, thence N 35° 09' 40" E 200.83 feet, thence N 80° 09' 40" E 390.08
feet, thence N 00° 36' 00" W 125 feet, thence N 89° 26' 00" E 208.71 feet,
thence 5 00° 36' 00" E 1180.94 feet to the point of beginning and containing
approximately 569,456 square feet or 13.07 acres, more or less, all in the
City of Fayetteville, Washington County, Arkansas.
Tract B -
From the NW corner of the SE* of the SW* of
proceed S 487.07 feet, thence E 1108.95 feet
thence N 80° 44' 32" W 50 feet; thence S 80°
N 09° 50' 20" W 1030.0 feet, thence N 35° 09
80° 09' 40" E 390.08 feet, thence N 000 36'
26' 00" E 208.71 feet, thence N 00° 36' 00"
00" W 810 feet, thence S 000 36' 00" E 2031.
E 601.29 feet, thence N 00° 36' 00" W 513.47
and containing approximately 721,962 square
all in the City of Fayetteville, Washington
the above mentioned Section 23,
to the point of beginning,
09' 40" W 290 feet, thence
' 40" E 200.83 feet, thence N
00" W 125 feet, thence N 89°
W 190 feet, thence S 89° 26'
52 feet, thence N 89° 20' 40"
feet to the point of beginning
feet or 16.57 acres, more or less,
County, Arkansas.
SECTION 2. That the above-described property be rezoned from R-1, Low Density
Residential District and R-2, Medium Density Residential District to Tract A -
C-2, Thoroughfare Commercial District and Tract B - from R-1, Low Density
Residential District, R-2, Medium Density Residential Dist., and C-2, Thorough-
fare Commercial to R-0, Residential -Office District, so that the petitioner
may use the property for commercial use.
PASSED AND APPROVED this 9 II day of
2)
APPROVED:
1974.
Morton Gitelman, Chairman
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RESOLUTION PC 24- 74
WHEREAS, a public hearing was held by the Planning Commission, Tuesday,
July 9, 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 to make a
recommendation to the Board of Directors on Rezoning Petition R74-9, Pauline Reed
and Marel Griffith.
NO/ THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE
BOARD OF DIRECTORS OF THE CITY OF FAYETTEVIIJF, ARKANSAS.
SECTION 1. That an ordinance be adopted for the purpose of rezoning from
R-1, Low Density Residential District to C-2, Thoroughfare Commercial District
said real estate.
LEGAL DESCRIPTION:
Beginning at a point which is thirty three and one half (332) rods South
of the Quarter Section corner between Section 21 and 28 in T -16-N, R -30-W,
and running thence N 892 degrees West 7.15 rods, thence South 16.3 rods;
thence South 882 degrees East 19.4 rods to the West boundary line of the
Fayetteville and West Ford Road; thence North 21 degrees East with the
West boundary of said road 18.3 rods; thence North 892 degrees West 19*
rods to the beginning, containing two and one half acres, being a part of
the NE*, NW* of said Section 28, .73 of an acre; and a part of the Northwest
quarter of the NE}, of said Sec., containing one and 77 hundredths acres.
Another parcel or lot of land beginning at a point which is 332 rods South
of the Quarter Section corner between Sections 21 and 28 in T -16-N, R -30-W,
and running thence N 892 degrees W, 7.15 rods for a beginning point to the
land hereby conveyed, and running thence N 892 degrees West 7 rods and 6 ft.,
thence South 16 3/10 rods; thence South 882 degrees East 7 rods and 6 ft.
to the SW corner of the lot first above described which was conveyed to
John J. Garrison by Mrs. L. E. Manahan, thence North 16.3 rods to the beginning,
containing .75 of an acre.
SECTION 2. That the above-described property by rezoned from R-1, Low Density
Residential District to C-2, Thoroughfare Commercial District, so that the petitioner
may use the property for a commercial use.
PASSED AND APPROVED this 9 13 day of v , 1974.
APPROVED:
Morton Gitelman, Chairman