HomeMy WebLinkAbout1976-06-28 Minutes•
MINUTES OF A PLANNING COMMISSION MEETING
A meeting of the Fayetteville Planning Commission was held at 5:00 P. M., Monday,
June 28, 1976, in the Board of Directors Room, City Administration Building,
Fayetteville, Arkansas.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Chairman John Power, Bill Kisor, Peg Anderson, Rita Davis, Jack
Ray, John Maguire, Ernest Jacks (arrived late).
Keith Newhouse, Donald Nickell.
Larry Wood, David McWethy, Bobbie Jones, Robin Northrop,
Russell Purdy, John Lavallard, Wade Bishop, Bass Trumbo,
Bob Brown, Travis Thompson, Attorney Marshall Carlisle,
Claud Prewitt, William Meadows, Leo Peel, Jim Ogden, Don
Dyer, Ray Davis, Curtis Shipley, Mr. €, Mrs. Hubert Agee,
Robert Zachariason.
Chairman John Power called the meeting to order.
The minutes of the June 14, 1976 meeting were approved as mailed. MINUTES
Chairman John Power opened the public hearing on REZONING PETITION R76-22
Rezoning Petition R76-22, Antaeus Lineal Research Dr. Anderson Nettleship
Associates, 1948, to rezone property located at 2470 2470 Johnson Road
Johnson Road (North of Township Road, West of Highway 71B)
from A-1, Agricultural District, to C-2, Thoroughfare Commercial District.
(Property contains 14.3 acres, more or less).
Attorney Bass Trumbo was present to represent the petitioner.
Mr. Trumbo said that they need this rezoning for expansion of the research lab and
educational program for cancer study.
Chairman Power asked if the adjacent property owners were notified of this
petition.
Bobbie Jones stated that the people whose names were provided by Dr. Nettleship's
office were notified.
Rita Davis asked Larry Wood to explain the location of this piece of property in
relation to Dr. Nettleship's other property which had been rezoned R-0.
Larry Wood stated that this property is immediately East of that R-0, with a small
gap between them.
Bobbie Jones stated the gap was approximately 600 feet in width.
Bobbie Jones asked Chairman Power if he had discussed this petition with Mr. Jacks.
She said Ernest Jacks had called the office and said he recommended that rezoning
wait for Larry Wood's study of that area. He said that he is not in favor of rezoning;
however, he could not vote anyway because he was not present.
Mr. Trumbo said that Dr. Nettleship would accept R-0 zoning and requested the
petition not be tabled.
Larry Wood indicated that he found R-0 acceptable for this property.
Peg Anderson moved to recommend to the Board of Directors that the area not already
zoned C-2 be rezoned R-0.
Rita Davis seconded the motion, which was approved unanimously by a vote of 6-0.
Chairman John Power opened the public hearing on the first MRS. NELL E. BROWN
of two proposed ordinances to amend Article 6, 111 West Lafayette Street
Section XII (B) of Appendix A to the Request Amendment to Zoning Ordinance
Fayetteville Code of Ordinances by adding
use in Use Unit 12.
"Sale of Religious Books and Supplies" as a permitted
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Planning Commission
June 28, 1976
Use Unit 12 is permitted in the
(cf. Mrs. Nell Brown property,
the American Red Cross).
Mr. Bob Brown, son of Mrs. Nell
-2-
C-1, C-2, C-3, I-1, I-2, and R-0 Zoning Districts.
111 West Lafayette Street, formerly occupied by
Brown, was present to represent Mrs. Brown and
request the ordinance be amended.
Mr. Brown stated he felt that the traffic generated by a Religious Book Store
would not create a traffic hazard He said this is a most desirable type of
business and it would enhance the neighborhood. He pointed out that there are
many churches within a 2 or 3 block area. He asked that the Religious Book
Store be permitted in the Use Unit and thereby in the R-0 zone.
Bobbie Jones stated that a "Book Store" is presently specified in C-2 and C-3
(Use Unit 16).
Rita Davis asked Larry Wood what he thought.
Larry Wood stated that he would generalize it to just "book store" and he would
not have any problem recommending that they consider amending the ordinance because
he saw no difference between a book store and the other uses already in Use Unit 12
in fact, he considered a book store less objectionable.
Bobbie Jones stated that the Planning Office would not check parking requirements
in the change of uses of this type, otherwise the buildings all along Dickson would
not be able to be reoccupied once they were vacated. The Planning Office does
require the parking requirements be met when changing from residential to office
or commercial uses.
Attorney Marshall Carlisle stated that he lives in this area and it is going to
be commercialized. He has no objections to the proposal.
Chairman Power said that there would be a Radio and T.V. Shop there also.
Peg Anderson said that we are looking at different types of services --a Religious
Book Store and a T.V. Shop.
John Maguire moved that the proposed amendment be denied.
Bill Kisor seconded the motion. The vote was Ray, Kisor, Maguire, and Power voting
"Aye" and Davis and Anderson voting "Nay."
The proposed amendment was denied by a vote of 4-2.
Bob Brown came before the Commission and said that the City is for people and the
regulations are for people, he thinks consideration should be given to this
property. If it remains R-0, it is worthless. He respectfully requested that
the Commission reconsider a new vote. He said his mother had collected only $5.00
rent for the past year.
Travis Thompson, 2575 West 6th, said that Religious Book Stores are at a minimum.
Mr. Brown was advised that he could appeal the Planning Commission's decision to
the Board of Directors by writing the City Clerk within 15 days.
Chairman Power opened the public hearing on the second MR. JOHN LAVALLARD
of two proposed ordinances to amend Article 6, 109 West Lafayette Street
Section XII (B) of Appendix A to the Request Amendment to Zoning Ordinance
Fayetteville Code of Ordinances by adding "T.V.
and Radio Repair Service" as a permitted use in Use Unit 12. Use Unit 12 is
permitted in C-1, C-2, C-3, I-1, I-2, and R-0 Zoning Districts. (cf. Lavallard
Radio, T.V. 4 Hi-fi Lab, 109 West Lafayette Street).
Chairman Power asked if there was anyone present to represent this.
There was no answer from anyone in the room.
Jack Ray then moved for a motion to deny this proposed amendment.
Bill Kisor seconded the motion. The vote to deny the proposed amendment was
approved unanimously by a vote of 6-0.
John Lavallard stood up and said that he is operating a consulting service at 109
West Lafayette Street and the Commission was putting him out of business.
Chairman Power said that they could have Mr. Lieberenz come out to look at this and
determine if his use is a consulting service rather than a T.V. $ Radio repair, and
possibly ask the City Attorney for an opinion. He said that there is quite a
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Planning Commission -3-
June 28, 1976
difference between a consulting business and a repair business. He said that they
can appeal this to the Board of Directors on the 6th of July.
Mr. Ray pointed out the fact that Mr. Lavallard did not answer or speak -up when
it was asked if anyone present wished to be heard before the motion was made and
the vote was taken.
Chairman Power asked that the Inspection Superintendent, Harold.Lieberenz, check into
what Mr. Lavallard's use actually is.
Chairman Power opened discussion on approval of VILLA MOBILE HOME PARK NORTH
a third access for Villa Mobile Home Park North, West of College Avenue
tabled April 26, 1976, at the request of Developer, Approval of Third Access
Jim Ogden. Conditional Use and Preliminary Plat were approved
by the Planning Commission March 15, 1976, with a stipulation that the Developer
must provide a third access into the proposed development.
Attorney Marshall Carlisle, Jim Ogden, and Lee Taylor were present to request the
approval of the third access to Villa North.
Peg Anderson moved to take this item off table.
Bill Kisor seconded this motion, which was approved unanimously.
Chairman Power said that the third access to Villa Mobile Home Park North was, in a
way, approved at the last meeting, when the property bought by Johnie Bassett from
Jack Wilkinson was rezoned. It was represented by Howell Trumbo.
The Commissioners were given a copy of a letter in which Johnie Bassett agreed to
dedicate the 60 ft. right-of-way for a street not to be built by Mr. Bassett. That
letter follows in its entirety:
"June 28, 1976
"Mr. Don Grimes
City Manager
Fayetteville, Ar. 72701
Dear Sir:
This letter is to confirm my intent to dedicate 60 feet of roadway to the City
of Fayetteville for the purpose of a street to be constructed at no expense to
me. This property being located between Hwy. 71 North and Villa Mobile Home
Park.
Sincerely,
Johnie Bassett/ by Howell Trumbo"
Chairman Power asked if all this property had been purchased from Mr. Wilkinson.
Attorney Marshall Carlisle stated that the transaction was completed. He also
stated that the Subdivision Committee had recommended approval of the proposed
access.
Peg Anderson asked what was happening with Hacienda and if it was still in the
plans.
Attorney Marshall Carlisle stated that it was still in the plans and that this
is the extension of that street.
Bill Kisor moved to approve this third access to Villa North.
Jack Ray seconded the motion, which was approved unanimously.
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June 28, 1976
Chairman Power opened discussion on a request
for a waiver of subdivision requirements submitted
by Leo Peel for property at 1990 North College Avenue
Mr. Peel purchased highway frontage from Dick Hudson
only access is a private road not owned by Mr. Hudson.
Mr. Leo Peel was present to request a waiver of subdivision requirements.
Bill Kisor said the Subdivision Committee was concerned about access.
Mr. Peel said that the access road was built in 1961 by Mr. Mills and Mr. Hudson;
Mr. Hudson paid the cost and Mr. Mills did the work.
Bill Kisor asked who owns the road.
Mr. Peel said that it is on both his property and Mr. Mills' property.
Bobbie Jones said that the Zoning Ordinance requires that all lots have frontage
on a public street. In commercial districts there is no minimum lot width, but
they must have frontage.
John Maguire asked if a 20-25 ft. road goes into the property.
Mr. Peel said that South of Horton's Service Station there is 100 ft. of frontage
and this 100 ft. is the property he purchased from Mr. Hudson.
Bobbie Jones stated that a tandem lot is permitted only for single-family residences.
Mr. Hudson has no street frontage, and tandem lots need 25 feet of frontage.
Peg Anderson wanted to know what kind of waiver they are asking for.
Bobbie Jones said that they want to waive the requirement to file a subdivision
plat.
Mr. Peel asked if he could obtain the balance of the property and establish a
Living Trust for Mr. Hudson. Would the Commission approve it so he could go on
with construction?
Chairman Power stated it was his opinion that they cannot vote on this. The latter
question, concerning a Living Trust, should be referred to the City Attorney.
LEO PEEL
1990 North College Avenue
leaving a parcel whose
The Planning Commission refused to take any action on this matter until Mr. Peel
seeks a variance fromthe zoning requirements for street frontage from the
Board of Adjustment.
Chairman Power opened:discussion.on a revised SUMMER HILL RACQUET CLUB
plot plan on conditional use request submitted Revised Plot Plan
by William Meadows for "Summer Hill Racquet Club."
Conditional use approved June 14, 1976. Subdivision Committee requested revised
plot plan of large scale development.
Claud Prewitt and William Meadows were present to represent this.
Claud Prewitt stated that the plan had been revised to show enough parking.
and trash location. Masonic Lodge is to the West and the Cemetary is to the North.
The Subdivision Committee approved the large scale development.
Mr. Hubert Agee, 1315 Stubblefield Road, says that this will cause some undue
traffic that the arteries cannot handle. Stubblefield Road is approximately 16
feet wide and would not be able to take care of additional traffic; there would
be quite a traffic problem arising from this.
Claud Prewitt said that the Masonic Drive tie is recommended to handle this
traffic flow. They will make a cul de sac on Alice.
Robert Zachariason, 1515 Harold Street, said they were not just talking about
tennis courts, but that this would be a private club. He doesn't think a
residential area is a place that should have private clubs; that is one objection
that most of the people have.
Mrs. Hubert Agee, 1315 Stubblefield Road, says that traffic is bad, and besides that,
since it will be a private club --they would serve alcohol. She states that it
just is not feasible.
Chairman Power added that the question of alcohol is not really pertinent; only
trying to determine land use only. He also expressed that at the previous meeting
his vote on this was negative.
Planning Commission
June 28, 1976
Don Dyer, 1549 Stubblefield Road, says that his concern is that they are planning
to run traffic through for both the residential area and the private club.
Consideration should be given on the access of these places. The traffic
problem is going to be multiplied.
Ray Davis, 114 Nolan, said that his property adjoins this on the backside; he
is directly West of the property. He wants to know if Alice Street is going
to be open.
Claud Prewitt said Alice is planned to become a cul de sac.
Ray Davis, 114 Nolan, said that the drainage is a problem. His property does
get flooded occasionally.
Ernest Jacks entered the meeting at 6:21 P. M.
Claud Prewitt said that if they have to, they will go to the 100 ft. setback from
other R -zoned property, but would have to destroy trees. They are asking for
a SO ft. setback. This is a family-oriented project.
Peg Anderson moved that they accept the revised plot plan and approve the setbacks
of 50 feet as shown from the West and North property lines.
Rita Davis seconded the motion.
Bobbie Jones called to the Commission's attention a letter received from Masonic
Lodge; and pointed out that no building permit can be issued until the final plat
is approved.
Chairman Power asked for a vote. Ray, Davis, Kisor, Anderson, Maguire, and Jacks
voted "Aye", Power voted "Nay". The vote was 6-1 in approval of revised plot
plan, with 50 ft. setbacks.
Chairman Power opened discussion on a proposed final plat WADE BISHOP
of Bishop Addition, Unit 2. The Preliminary Plat of the Bishop Addition #2
entire Subdivision had been approved before development of Proposed Final Plat
Bishop Addition, Unit.1. Developer would like to begin
construction before presenting final plat for recording (construction of streets,
drainage, water, sewer, and utility facilities); however, the Street Superintendent
has referred some questions which would affect the construction, to the Planning
Commission for a ruling. Proposed Subdivision is zoned R-2, Medium Density
Residential, and lies East of Highway 71B with access by Appleby Road, and North
of the proposed Villa North. The proposed collector street (Hacienda) is one-half
on the proposed Villa North.
Mr. Wade Bishop was present to request approval of the proposed final plat of
Bishop Addition, Unit 2.
Bill Kisor and Bobbie Jones reported that the matters in question on which a
ruling is requested are.
1) Street Superintendent Powell recommended that the cul de sacs be extended
all the way to the North and South property lines so that future developers of
property adjacent to this property would not have to build 100 ft. of new street
before beginning to develop their own property;
2) A dedication for the street right-of-way, rather than an easement, be given
at this time for the future street(s);
3) Should Mr. Bishop be required to participate in the construction of the
collector street along his South property line at this time (Hacienda Street)?
4) Bobbie Jones noted that sidewalks are not shown all the way around the
cul de sacs as required by ordinance;
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Planning Commission -6-
June 28, 1976
5) A street light is needed at the North end of each cul de sac;
6) A street light is also needed at the South end of each cul de sac.
Mr. Bishop said that:
1) He was willing to dedicate the right-of-way rather than give an
easement at this time;
2) He was willing to participate in the construction of Hacienda from the
Southeast corner of Bishop Addition, Unit 2, to as far West as Villa's develop-
ment, but did not wish to participate across the South end of Bishop Addition,
Unit 1, and did not see any reqson to participate all the way to his West prop-
erty line;
3) Requested a variance on sidewalks all the way around the cul de sacs ---
he was willing to put them in half way around the cul de sac. He requested the
waiver on sidewalks because he did not think people would walk around a cul de
sac; he thought they would cut through the middle. He felt the portion of the
collector street across the South side of Unit 1 had already been accepted by
the City without any improvement; therefore, he should no longer have any
responsibility to improve it. He and Chairman Power calculated that he was
willing to construct approximately 260 feet of Hacienda Street.
Wade Bishop said there is no development planned to the West of Mr. Ogden's
property line.
Attorney Marshall Carlisle asked that Mr. Bishop be treated like his clients,
Holley -Ogden. He said they are being required to build 1,320 ft. of street
plus the extension out to Highway 71.
Wade Bishop said he has had problems on other access street (Appleby Road); it
is expensive to maintain. He has been trying to work out a plan to get Appleby
Road improved.
David McWethy suggested a meeting between City Attorney Jim McCord, City Manager
Grimes, Planning Commission representatives, Mr. Wade Bishop, -and effected parties,
with someone there to take notes before the Commission acts on this.
Mr. Bishop requested the Commission allow him time to consult with someone by
phone.
The Commission agreed to close discussion of this matter at this point and proceed
to the next item on the agenda, and resume discussion with Mr. Bishop following
that.
Chairman Power opened discussion on the last CURTIS SHIPLEY
item, which was listed on the agenda Consideration for a Conforming Use
under "Other Business", Curtis Shipley,
Shipley Baking Company, requested consideration of a use unit change that would make
the Shipley Baking Company a conforming use in its present location (Zoned C-3,
Central Commercial District).
Mr. Curtis Shipley was present to request a conforming use.
Larry Wood said that if it is classified "wholesale" and the property were
rezoned C-2, the Planning Commission could grant a conditional use. A Retail
"Bakery" is under Use Unit 15, which is C-1, C-2, C-3.
Mr. Shipley stated that they came to Fayetteville in 1926 and located on the
Square for 4 years. In 1936 they built their principal building on Dickson and
have been there for 40 years. Their situation is that they have reached a
point where the plant is somewhat insufficient. They need to be in a position
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Planning Commission -7-
June 28, 1976
to be able to add an addition in the future if necessary.
Peg Anderson said that if you simply call it a "bakery" it would be all taken
care of. She said to just call it "Holsum Bakery".
Peg Anderson moved that Shipley Baking Company,•located at 313 Westr
be considered a !:'bakery" and -interpret this to be in Use Unit 15.
Rita Davis seconded the motion, which was approved unanimously by a
Dickson,
vote of 7-0.
Chairman Power resumed discussion on Wade Bishop, WADE BISHOP
Bishop Addition, Unit 2 --Proposed final plat. Bishop Addition #2
Proposed Final Plat
Wade Bishop requested that this be tabled until July 12.
Bill Kisor moved that this be tabled.
Jack Ray seconded the motion to table, which was approved unanimously by a vote
of 7-0.
Chairman Power recommended that Ernest Jacks and Keith Newhouse attend the meeting
of the City Officers, Mr. Wade Bishop, and effected parties; and to recommend to
the Commission to what extent Mr. Bishop should participate in the improvement
of the collector street.
The meeting was adjourned at 7:05 P. M.
RESOLUTION PC 42_76
WHEREAS, a public hearing was held by the Planning Commission,
Monday, June 28, 1976, 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
R76-22, Antaeus Lineal Research Associates, 1948.
LEGAL DESCRIPTION:
Part of the Si of the SWt of Section 35, T -17-N, R -30-W, described
as beginning at a point that is 347.3 feet North and 1,220 feet
East of the SW corner of said 80 acre tract, and running, thence
North 872.7 feet to the South line of a 40 acre tract retained
by Barbara Lucille Nettleship Johnson, thence East 720 feet to the
center of the old County Road, thence South with the center of said
road 872.8 feet, thence West 708 feet to the point of beginning,
containing 14.3 acres, more or less, subject to an easement on the
East side for a roadway.
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 A-1, Agricultural District to R-0, Residential -Office District, said
real estate.
LEGAL DESCRIPTION:
Part of the Si of the SW* of Section 35, T -17-N, R -30-W, described
as beginning at a point that is 347.30 feet North and 1,220 feet
East of the SW corner of said 80 acre tract, and running thence
North 872.7 feet to the South line of a 40 acre tract retained
by Barbara Lucille Nettleship Johnson, thence East 720 feet to the
center of the Old County Road, thence South with the center of said
road 100 feet, more or less to a point which is 300 feet West of
the West right of way line of U. S. Highway 71B, thence running
Southwesterly in a line which is 300 feet equi-distant from said West
right of way of U. S. Highway 71B, to a point which lies due East
of the point of beginning, thence West 386 feet, more or less, to
the point of beginning.
SECTION 2. That the above described property be rezoned from A-1,
Agricultural District to R-0, Residential -Office District, so that the
petitioner may develope property accordingly.
PASSED AND APPROVED this
day of , 1976.
APPROVED:
John Power, Chairman
RESOLUTION PC 43-76
WHEREAS, a public hearing was held by the Fayetteville Planning Commission,
Monday, June 28, 1976, 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 ordinance to amend
Article 6, Section XII (B) of Appendix A to the Fayetteville Code of Ordinances
to add "Sale of Religious Books and Supplies" as a permitted use in Use Unit
12; be denied.
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 to amend that the "Sale of
Religious Books and Supplies" as a permitted use in Use Unit 12; be denied.
PASSED AND APPROVED this
day of , 1976.
APPROVED:
John Power, Chairman
RESOLUTION PC 44-76
WHEREAS, a public hearing was held by the Fayetteville Planning Commission,
Monday, June 28, 1976, 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 ordinance to amend
Article 6, Section XII (B) of Appendix A to the Fayetteville Code of Ordinances
to add "T. V. and Radio Repair Service" as a permitted use in Use Unit 12;
be denied.
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 to amend that the "T. V. and
Radio Repair Service" as a permitted use in Use Unit 12; be denied.
PASSED AND APPROVED this day of , 1976.
APPROVED:
John Power, Chairman
RESOLUTION PC 45-76
WHEREAS, at its regular meeting on Monday, April 26, 1976, the Planning
Commission met to discuss the proposed third access to Villa North.
WHEREAS, after the regular meeting on Monday, June 28, 1976, the Planning
Commission voted to make a recommendation to the Board of Directors on
the proposed third access to Villa North;
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 third access to Villa North be adopted.
PASSED AND APPROVED this day of , 1976.
APPROVED:
John Power, Chairman