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HomeMy WebLinkAbout1977-04-25 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:00 P. M., Monday, April 25, 1977, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman John Power, Rita Davis, Keith Newhouse, Peg Anderson, Ernest Jacks, Bill Kisor, Donald Nickell, Jack Ray. John Maguire. Bobbie Jones, Larry Wood, Angie Medlock, David McWethy, Scott Van Laning- ham, W. J. Neptune, Rob McCormick, Farrel Brague, Rick Cowdrey, Mrs. Dan Nichol, Beth Crocker, Marion Orton, John Todd, Walter Niblock, Keith (Kerry) Shultz, Bryce Davis, Mr. Williams, D. B. Glass, George Blackwell, Wade Bishop, Mr. P, Mrs. Bob Hutson, Neal Albright, Chuck Ogburn, Doris McClelland, Helen Edmiston, Russell P. Jack, E. Lorene Jack, Joseph David Purvis, "Rip" Lindsay, and other unidentified persons. Chairman John Power called the meeting to order. The minutes of the April 11 meeting were approved as mailed. The first item for discussion was the conditional use request for a temporary tent revival at 4770 North College Avenue submitted by W. J. Neptune. A temporary tent revival is included in Use Unit 2 as a City-wide use by conditional use permit. This was tabled at the April 11, 1977 meeting. W. J. Neptune, Farrel Brague, and Rob McCormick were present to represent. Mr. Neptune asked if the 21 days would be from the time they set up or the time the meeting actually started. He said they want to set it up the week before the meeting. He said the meeting would start May 13 and be over June 5 but they would not meet on the three Wednesdays so they will be within the 21 day limit. He said they would like to set it up on May 1 because they will have more help readily available. Bobbie Jones said the Planning Office has had a policy of going with the applicant when the Ordinance is vague. She seemed to think they should count the 21 days from the time the meeting actually started. Chairman John Power questioned if the adjoining property owners had been notified and Bobbie Jones said she had notified United Bilt Homes; Collier's Western Wear, and the City of Fayetteville and Tommy's Real Estate. There was no one present in opposition. Bill Kisor asked in what other cities they have set up these tent revivals and W. J. Neptune said they had one between Bentonville and Rogers about three years ago, and one in Hot Springs. He said it will be a 40 foot by 80 foot airotorium, and will be kept inflated by fans. Donald Nickell asked what type of noise the fans would make and Mr. Neptune said it would not be noisy. Peg Anderson asked how many people were usually in attendance at the meetings and Mr. Neptune said the capacity is about 150 people. She questioned if there would be sufficient parking and W. J. Neptune said "yes". He said they will locate the tent. to the north edge so they will have sufficient parking. Rita Davis arrived at 5:15 P. M. Peg Anderson asked if they have looked into any other sites in the area. She said she doesn't particularly like the location because of the traffic situation and the parking. She stated that it would be hard for people to come and go. Mr.Neptune said there is a small service road which they can use so they won't be getting directly onto the highway. Jack Ray asked where this is in relation to the ball diamond. Mr.Neptune said this is just west of the diamond. He showed the Planning Commission some photographs of the area. He said there is quite a distance between the area for the revival and the ball diamond. MINUTES TEMPORARY TENT REVIVAL Condtttonaf U4e 4170 Wirth College Ave. • • • Planning Commission Meeting -2- April 252 1977 Donald Nickell made a motion to approve the request for a temporary tent revival. Keith Newhouse seconded the motion. Bill Kisor said he doesn't like the location because it is near the Lake and the park area. He said he is against it. The motion passed 5-3, with Ray, Power, Nickell, Newhouse, and Jacks voting "Aye" and Davis, Kisor, and Anderson voting "Nay". The second item for discussion was the approval of the final BROOKSIDE EAST plat for Brookside East located East of Old Wire Road and Una.2. Plitt North of the extension for Township Road; Jerry D. Sweetser E. o{ ad W.ih.e Rd. and Sharon J. Sweetser, Developers. Ernest Jacks said the Subdivision Committee recommended approval and made a motion to approve the final plat with the following contingencies: (1) the flood plain be shown or be waived by Harold Lieberenz; (2) the culs=de-sac be named; (3) show the existing easement for the south side of Township Road; (4) no access to Township from the lots which abut it and (5) the details which Bobbie Jones mentioned be worked out. The Subdivision Committee also recommended (6) waiving the sidewalk requirements on the cul-de- sac on Azalea Terrace and (7) waiving the one street light spacing to 320 feet. Ernest Jacks was concerned about having so many contingencies on approving a final plat. He said these details should be worked out before it comes to the Planning Commission. Keith Newhouse seconded the motion. Peg Anderson stated that this is another example of 102 lots with no green area or park area. ,She said she feels the Planning Commission should require these large subdivisions to have a green area or a park area. Bill Kisor mentioned that this would make the lots cost $15,000 instead of $7,000. The motion to approve the final plat of Brookside East passed 7-1, with Power, Davis, Newhouse, Jacks, Kisor, Nickell, and Ray voting "Aye" and Anderson voting "Nay". The third item for discussion was the approval of the Preliminary Plat for Carlon Center located between Villa Boulevard and College Avenue and lying North of Township Road; Johnie Bassett, Developer. Rick Cowdreywas present to represent. Ernest Jacks said the Subdivision Committee strongly recommends that a median be installed at the intersection of Drake Road and Highway 71 and they need to (1) dimension the lot line at the extreme northwest corner. (2) submit the protective covenants; and (3) show the angles and bearings on:the curves. Chairman Jacks made a motion to approve the preliminary plat of Carlon Center with the above-mentioned stipulations. Keith Newhouse seconded the motion. Peg Anderson asked if they are trying to keep most of the trees. She said when they rezoned that piece of property they said they would try to keep it in as much of a natural area as possible. Rick Cowdrey said Mr. Bassett is planning to keep as many of the trees as possible. The motion to approve the Preliminary Plat of Carlon Center was approved unanimously. CARLON CENTER PneEim.inah.y Plat Between VLQLa Blvd. 8 Cottege Avenue The fourth item for discussion was the approval of the Preliminary Plat for Huntington Place located Northeast of Joe Fred Starr Road, South of Highway 45 East; Joe Lynn Henley and Judy Henley, Robert L. Hutson and Andre HUNTINGTON PLACE PneCim.incvtty Plat NE ob Joe Fned S.tc4A Rd. Hutson, Developers. Mr. $ Mrs. Hutson and Neal Albright were present to represent. Ernest Jacks. said the Subdivision Committee recommended approval of the Preliminary Plat with the stiuplation that the right-of-way be shown on Joe Fred Starr Road to the West; widen the easement to 25 feet along the West side of Lots 8 and 9; and show the radii on the intersections of Huntington Drive and Joe Fred Starr Road. • • Flanning Commission Meeting April 25, 1977 -3- Dan Nichol, Joe Fred Starr Road, said he is not so much opposed to the subdivision as it was originally platted (with 5 acre lots). He said he has a stock pond about 300 feet from his house and he is concerned about his pond being polluted because of septic tanks. Bob Hutson said he tried to get this development approved on 5 acre plots, but they had objections to this because the Planning Commission didn't have the authority to approve the extra lot splits. He said that the cost of the streets, water, and subdivision plat were so high that he decided to come back with a preliminary plat for a subdivision with 31 lots. He said there would be nice houses there, he has written into the protective covenants that there cannot be a house smaller than 1800 square feet. Beth Crocker, said there are two ponds in the area, one is immediately to the south and is approximately 4 acres. She said property directly across the street is in the City. She said she is opposed to the subdivision. She stated that she is on a septic tank but she has 81/2 acres. She said there is a subdivision across the street which does have sewer (Sequoyah Woods). Mrs. William Yearian said she owns part of the pond Mr. Nichol owns and she doesn't want it polluted at all. She stated she is very much against a development like this on septic tanks. Chairman John Power asked what limitations the Planning Commission has on not allowing the subdivision and Bobbie Jones said the subdivision would have to not meet the requirements of the Subdivision Ordinance for the Planning Commission to have a basis to disapprove the subdivision. Chairman Power said they have discussed this with the City Attorney and septic tanks are not one of the restrictions they can use to not allow a subdivision. He stated that the Planning Commission cannot legally deny the subdivi- sion on the basis of it being on septic tanks. Peg Anderson said she feels the Planning Commission should be planning for the City of Fayetteville. She said they need to decide if they are just going by what is legal. She feels this is a problem of growth and they need to control and plan growth for Fayetteville -.the land inside the City should be developed first. Chairman Power again stated that he felt the Planning Commission cannot turn the subdivision down from a legal standpoint. Bob Hutson said they are going to keep above the standards of perculation tests. That is why they have such large lots. Keith Newhouse said he agrees with Peg Anderson. He said perculation tests cannot guarantee what the seepage will do or where it will go. Mr. Hutson stated that last year the State Board of Health did increase the yard line requirements so they are almost double what they have been in the past because of seepage problems. Beth Crocker asked the Planning Commission if it should make any difference if the sewer line is directly across the road. Chairman Power said it is a matter of whether the City wants to take the subdivision into the City or not. Mrs. Orton said she feels they should come into the City. Bob Hutson said there is not a sewer line across the road that is not up hill. There is one in Sequoyah Woods but his land lies below Sequoyah Woods. He said he would be glad to hook on if there was a sewer line available Neal Albright said City policy is so that subdivisions outside the City are not permitted to tie on if sewer is across the street. Donald Nickell said he is disturbed about the number of septic tanks. He said he is also concerned about the legalities of the matter. He requested this be tabled until City Attorney Jim McCord could be present. Chairman:John Power asked Mr. Hutson if he would be willing to table this until May 9. Mr. Hutson said he had talked to Jim McCord before and Mr. McCord said an alternative if he was turned down on the lot splits would be to come back with a subdivision with city water, hard surface road, and the utility easements. Beth Crocker asked if Jim McCord was aware of the number of lots. • • • Planning Commission Meeting April 25, 1977 -4- Donald Nickell made a motion to table the Preliminary Plat of Huntington Place until May 9. Rita Davis seconded the motion, which passed unanimously. Chairman Power said they would look at this again on May 9 to determine whether or not to approve the subdivision on septic tanks. The fifth item for discussion was the public hearing REZONING PETITION NO. R77-11 on Rezoning Petition No. R77-11, Russell P. Jack and Rubbeee 6 Lohene Jack E. Lorene Jack, c/o W. R. Niblock, to rezone S o6 Hwy 16 6 W o{ 71 Bypath property located South of Highway 16 West and West of the Highway 71 Bypass from A-1, Agricultural District to C-2, Thoroughfare Commercial District. Attorney W. R. Niblock and Mr. and Mrs. Jack were present to represent. Mr. Niblock said this is a narrow piece of property immediately adjoining and to the west of Maple Manor Apartments. He said they would like to see it rezoned, at least the part on Highway 16 West,to C-2. Keith Schultz said the property is basically about the same width as the property to the east. There is a small tract to the west zoned R-0 where the Federal Land Bank will establish its office. He said if it became R-1, it wouldn't be economically feasible to develop it. It is only 330 feet wide. He said he felt it would be safe to rezone to 300 feet in depth along Highway 16. The closest grocery store is across the bypass. Chairman Power asked if the adjoining property owners had been notified and Bobbie Jones said she had notified four adjoining property owners. Peg Anderson asked Planning Consultant Larry Wood if there is a planning principle to increase the size of commercial areas rather than to have strip commercial. She said she feels multiple housing mixed in with commercial is a good idea. Larry Wood said he would agree that the size of the commercial needs to be large enough to support the demand. He said the entire piece to the east was zoned C-2 at one time and the R-2 was a dezoning for the apartments which stopped the commercial growth south at that point. He said any expansion on the west side would be stripping Highway 16. He stated that to the south of the Maple Manor Apartments is still C-2. The original plan shows the Southeast corner as a commercial intersection. Chairman Power asked about going with commercial along Highway 16 and zoning the balance to R-2 or R-3. Larry Wood said he didn't know whether the intersection could stand more commercial or not. Mr. Niblock said they have a committment from the formerowners of the property to the East for access across that property to the city -approved access road as the property is developed to the South. The access road is committed to be built by whoever builds on the property to the south (Dr. Calabria's property). Peg Anderson said she believes in depth for C-2. Keith Schultz said that where the frontage ends is where the easement for access to the Jack property from the former owner begins. Peg Anderson made a motion to approve the rezoning. Jack Ray seconded the motion. Chairman Power said he sees the C-2 along Highway 16 West as o.k. but would like to go with something less than that on the depth. After some discussion, Peg Anderson said she would be willing to withdraw her motion to approve the rezoning if Mr. Ray was willing to withdraw his second. Chairman Power asked Mr. Niblock how they would feel about a compromise. Mr. Niblock said they would be satisfied if the Planning Commission follows Larry Wood's recommenda- tions to a certain degree. He said he would like to table this and come back with another plan. Chairman Power said they may want to look at R-0 along 'Highway 16 if the Commissioners don't want to go with C-1. Planning Commission Meeting April 25, 1977 Jack Ray withdrew his second and Mrs. petition. Keith Newhouse made a motion to table motion, which passed unanimously. Anderson withdrew this until May Next was the public hearing on Rezoning Petition No. R77-12, Bryce J. Davis for Dr. J. C. Calabria to rezone property located East of the Highway 71 Bypass and North of Highway 16 West from R-1, Low Density Residential and C-2, Thoroughfare Commercial Districts to R-2, Medium Density Residential and C-2, Thoroughfare Commercial Districts. Bryce J. Davis was present to represent. Bryce Davis showed the Planning Commission maps of the property as it was when it was purchased in 1972 by Dr. Calabria and as it is now. He said the Highway Department has taken approximately 1.12 acres from this property and this has changed the frontage considerably. He said Dr. Calabria did have 182 feet of frontage and now he has 89.5 feet. The angle next to it was 123.6 feet and has now been dropped to 82.4 feet. He said they previously had 300 feet of C-2 from the center of the highway. He said there is not enough C-2 zoned property left to utilizeit as C=2. He said there is a road (Cabinet Lane) which dead ends there. He said there are only two houses on the road. Water and sewer are available so they are applying for C-2 with the remainder in R-2. Ernest Jacks asked if they are changing the amount of C-2. Bryce Davis said the front part, 300 feet, is C-2. He is asking that it be squared up. Mr. Williams, Williams Cabinet Shop, said the road is only 19.6 feet wide from curb to curb. He said he has 60 foot trucks coming in and out there and he feels Mr. Davis is trying to speculate at Mr. William's expense. He stated that he is opposed. He said his home is there and he doesn't want apartments adjacent to it. D. B. Glass, Route 4, said when the Arkansas Highway Department widened the road, they told him it was closed access to Highway 16. He said he is not against commercial, but he would like to know what is going to go in across the street from his house. Bryce Davis said Dr. Calabria would like to have a convenience store and he doesn't know what else he is planning to put in. He stated that Mr. Williams has big trucks coming in and he doesn't think a store would change the character of the neighborhood Ernest Jacks asked Bryce Davis if C-1 would be acceptable and Bryce Davis said "yes". Mr. Williams asked how many feet back they are wanting to rezone to C-2 and Bryce Davis said it would be 454.05 feet north of Highway 16. Mr. Williams stated that he was denied enlargement of his business about three years ago because the City would not change the zoning on his property. Chairman John Power said that light industrial is different from R-2 or C-2. Peg Anderson said the difference in this case is because of the large trucks. The road would have to be built to take care of the trucks. She said the planning indicated that this was not an area for industrial. Keith Newhouse asked what Cabinet Lane is shown as on the Plat Book and Bobbie Jones said it is probably shown as 30 feet of right-of-way but she was not sure Mr. Nickell asked if they are planning to build a street across the branch and Bryce Davis said it would be almost prohibitive in cost. Bryce Davis questioned if they would have enough setback in C-1. He said they only have about 250 feet of depth on the west. Bobbie Jones said the setbacks would be the same in C-1 as in C-2 except from the north line, which would be about 10 feet or the height of the building whichever is greater. Peg Anderson made a motion to recommend to the Board of Directors that they approve the rezoning with the C-2 being changed to C-1. Ernest Jacks seconded the motion which was passed unanimously. Bryce Davis accepted the change in zoning from C-2 to C-1. her motion to approve the 9. Ernest Jacks seconded the REZONING PETITION R77-12 Bryce Day.i,a bon. Dn. J. C. Catabn,i.a E. ob Hwy 71 Bypaha 8 N ob Hwy 16 W • • Planning Commission Meeting April 25, 1977 -6- Next was a review of the study for Highway 45 East from HIGHWAY 45 STUDY Old Wire Road to the intersection of Highway 45 and Highway 265 (Crossover Road) to the buffer zone. Larry Wood said the land use and zoning are predominantly R-1 from Old Wire Road to Crossover Road. There are several non -conforming uses, a grocery store, a gas station, a motor repair business, and Dillons Grocery Store at Greenview is C-1. He said there are two pieces of property, one undeveloped parcel immediately South of Dillons and one immediately west of the C-1 (Dillons) which contains single-family at this time, in a "delicate situation". The property immediately north that faces Dillons may need to be looked at in terms of different treatment. He said they should (1) consider the most efficient use of the land pending the energy crisis and (2) help the government get the most efficient, best use of the land that they can.. Larry Wood said he would not recommend changing the parcels of land individually because it would make it a difficult situation on the curve. He said he does see R-2 on the curve by Dillons. He suggested three ways the Commission can approach this (1) leave it R-1 and allow conditional uses for duplexes,. (2) leave it in R-1 and encourage the accumulation of 5 acres for PUD's with multi -family, or (3) consider zoning some of this R-2 if they are brought in in parcel sizes they could be comfortable with in terms of development patterns on the property requested. Ernest Jacks asked Larry Wood how he would solve the access problem. Larry Wood said they could force accumulation under one ownership so they could restrict access to one or two points instead of 6 to 12 points. Peg Anderson asked if Larry Wood would oppose duplexes and he said "no". Chairman Power mentioned the problem of backing out onto Highway 45. Wade Bishop said he is planning on having a turn -around driveway so they won't be backing out onto Highway 45. He said he would be willing to share an access point with Mr. Purvis. No action was taken on the study. The eighth item for discussion was the public hearing on Rezoning Petition R77-2, Joseph David Purvis, Jr. to rezone property located North of Viewpoint Drive and East of Highway 45 East from R-1, Low Density Residential District to R-2, Medium Density Residential District. This petition was tabled at the March 14, 1977 meeting. Joseph David Purvis, Jr. was present to represent. Mr. Purvis said his house is 20 years old and he needs to make some improvements on it. He said he wants to tear the house down and put in a duplex on a piece of property which has 22 trees on it. He said he would like to put something into the property which he will be able to get back out of it. Rex Thompson, Viewpoint, said he is now purchasing the house on the corner of Viewpoint and Highway 45 to use as rental property. He stated that traffic is a problem with the traffic pulling out of the 7-11 grocery. He said they are low density in that area and the traffic flow is a real problem. He said he doesn't see how several owners could come together on a common drive. He said from Bishop's southwest property line to Mr. Purvis' property line is a bank curve. He stated that there is a tremendous amount of opposition from the property owners --he would like to keep it single-family and keep it nice. Chairman Power acknowledged a petition dated February 25 and signed by several area property owners pointing out the problems with Highway 45. John Todd said he felt to increase the number of people coming onto Highway 45 would be an error at this point. He said he is one of the contributors to the traffic problem and knows what kind of problem it is. William P. Neeley, 1244 Mission, said the traffic goes past his house and he would be in total agreement with the amount of traffic which is on Highway 45. He said that they can't change the way it is laid out. He said he is very much opposed to seeing any large scale zoning changes to permit duplexes or quadplexes. The public hearing was concluded. REZONING PETITION R77-2 Ja4eph David Punviz, Jn. N ob Viewpoint S E ob Hwy 45 Ea&t • Planning Commission Meeting April 25, 1977 -7- Peg Anderson said she agreed with Larry Wood's recommendations. She said she would be willing to approve duplexes. Bill Kisor moved to deny the petition. Peg Anderson seconded the motion, which passed unanimously. Peg Anderson left at 7:00 P. M. The ninth item for discussion was a conditional Conditional Use use request for a duplex submitted by Bryce J. BRYCE J. DAVIS Davis, for property located East of Porter Road E ob Pohtea Rd. 6 S ob Hat4LeLd Da. and South of Hatfield Drive on property zoned R-1, Low Density Residential District. Keith Newhouse asked why this conditional use is at the Planning Commission before it goes to the Board of Adjustment. Bobbie Jones said the Planning Commission has to decide if the location is suitable for a duplex and the Board of Adjustment must -vote on a request for a variance from 12200Oto 8000 feet. George F. Blackwell, South Hill, objected to this duplex even though he himself owned a duplex one block to the North. Ernest Jacks made a motion to approve the conditional use request. Bill Kisor seconded the motion, which passed unanimously, 7-0. Next was a letter from Exxon Company requesting relief EXXON COMPANY for their bulk oil storage facilities located in the Buck Oit Fac ati.el4 I-1, Heavy Commercial and Light Industrial District. These facilities are a non -conforming use in the I-1 District. Three alternatives are: (1) amend the Ordinance to relax restrictions on non -conforming uses, (2) amend the Ordinane to include Use Unit 23 as a conditional use in the I-1 district, and (3) to rezone the property as I-2, Heavy Industrial District. Charles Ogburn was present to represent. Mr. Ogburn said they are making some improvements relative to OSHA and the Environmental Protection Laws He said they have two basic approaches to take. He showed the Commissioners picture of the bulk oil plant. He said they are going to put in a catch basin in the event they have any spillage. They can either build a dike around the tanks which will cost them about $13,000 , but they would like to get rid of the above ground tanks and put in fiberglass tanks underground. The cost to go underground would be about $65,000. Underground storage tanks are much safer. They look better and it would assist in preventing air pollution because the underground tanks don't suffer evaporation as much as the above ground tanks. He said the present tanks were built about 50 years ago. Chairman Power said he feels the best alternative would be to go underground. He asked Bobbie Jones if the Planning Commission could rezone the property without notifi- cation. Bobbie Jones said the Planning Commission could rezone the property themselves, but it would have to be advertised first. She said it would take until the first of June to rezone it. Chairman Power said he doesn't feel they should amend the zoning ordinance itself. Mr. Ogburn said they could go with the rezoning. Ernest Jacks asked if the time would be the same if he amends the Ordinance or if he rezones the property. Bobbie Jones said the Board of Directors itself may amend the Ordinance without a public hearing but the Planning Commission cannot. Mr. Ogburn decided to come back and ask to rezone the property to I-2. Next was a request for a change of a non -conforming CHANGE OF NON -CONFORMING USE • use submitted by Mildred Sisemore and A. E. Wicked Sieemohe A. E. Spun2ock Spurlock. Request to change from a service station and grocery store to a tire sales store. The property is presently zoned P-1, Institutional District. A request for rezoning is scheduled for May 9, 1977. The property is located at 1216 Went Sixth Street. • • L Planning Commission Meeting April 25, 1977 -8- No one was present to represent. Bobbie Jones said there was a pre-existing non -conforming use. She said this is for a change in a non -conforming use --the non -conforming use is already established. She said if the property is -rezoned they will not need the change in non -conforming use. She said the C-2 zone had extended about 800 feet East of Razorback Road prior to the adoption of the 1970 zoning map; but the 1970 Map reduced it to 650 feet east of the centerline of Razorback Rd. Jacks said he was reluctant to grant any non -conforming use until the zoning was considered. Ernest Jacks moved to deny the request for a change of non -conforming use. Donald Nickell asked if they put in the tire store without getting approval and Bobbie Jones said "yes". She said the Zoning Ordinance requires that any time the use is changed they need to come back and get approval from the Planning Office, but this is not always done. Ernest Jacks asked if they have applied for a rezoning and Bobbie Jones said "yes". She said it would come back to. -the Planning Commission on May 9. Keith Newhouse seconded Mr. Jacks' motion to deny the request for a change in non- conforming use. The vote was 5-1-1 with Davis, Newhouse, Nickell, Jacks, and Power voting "Aye", Kisor voting "Nay" and Ray abstaining. Next was a conditional use request for a transmitting tower at 501 East Maple Street submitted by Mr. Lindsay for Radio Station KNWA. Property is located on the Southeast corner of Maple Street and Olive Avenue, zoned R-1, Low Density Residential District. A transmitting tower "Rip" Lindsay was present to represent. Rip Lindsay said this would be a microwave tower. It will be an 8 -watt parabolic reflector, 3 feet across. It will be used to eliminate the long telephone lines connecting the microphone to the transmitter. They have been having trouble with the telephone lines. Bill Kisor made a motion to approve the conditional use for the transmitting tower. Jack Ray seconded the motion, which passed unanimously. Conditional Use Radio Station KN(QA 501 East Maple is included in Use Unit 3. Next was a conditional use request for housing for caretakers for property located West of Johnson Road and North' of Township Road submitted by Doris McClelland for Farmer's Daughter. Housing for caretakers is included in Use Unit 21 as a conditional use in the C-2, Thoroughfare Commercial District. Doris McClelland and Helen Edmiston were present to represent. Mrs. McClelland said she owns Farmer's Daughter and has lived there since she bought it. She said she would like to remain on the property and enlarge the small house she is presently living in. She said she has 28 acres and the University owns the land to the West Bill Kisor made a motion to accept the conditional use request for a caretaker's house. Jack Ray seconded the motion, which passed unanimously. Conditional Use DORIS MCCLELLAND Fcvrmek's Daughter The fourteenth item for discussion was the requested study of the entire downtown area by the Planning Commission to determine if other properties in the area should be rezoned to C-4, Downtown District and (b) to review the parking requirements of the C-4 District to determine whether the requirements are sufficient. Bobbie Jones said the Board was concerned about the $500 the Ordinance allows to be paid instead of providing a parking place She said the Board of Directors didn't want the impression to be given that the $500 could take the place of a parking area. Chairman John Power asked Planning Consultant Larry Wood if he would care to table this until May 9. Larry Wood said it would be o.k. to table it. Chairman John Power instructed Bobbie Jones to put this on the agenda for May 9. STUDS' OF DOWNTOWN AREA • • • Planning Commission Meeting April 25, 1977 -9- Chairman John Power acknowledged the receipt of a letter from City Attorney Jim McCord on the authority of municipal corporations to require a subdivider to provide parks and other public areas. no action was taken. Next was a discussion of the conflict between the Fayetteville and Springdale Planning Area boundaries. David McWethy, Administrative Assistant, showed the Commissioners the difference in the planning area boundaries. He said part of the property is claimed by Springdale as being in their planning jurisdiction. It is in their water service area but it is shown on the map as also being in the Fayetteville Planning Area McWethy said the City Manager would like for Fayetteville Planning Area boundaries to coincide with the Beaver Water Service boundary. They need to correct this error in the Planning Map. He said the Planning Commission would be acknowledging that the land which currently lies between the 1974 Fayetteville Planning Area boundary and the 1967 Fayetteville Beaver Water Service Area boundary is in Springdale's Planning Area. Ernest Jacks made a motion to amend the Fayetteville Planning Area Map Boundary to coincide with the Beaver Water Service. Rita Davis seconded the motion, which passed unanimously. LETTER FROM JIM MCCORD RequL't-Lng Paths £n a SubdiviA ion There was no discussion and FAVETTEVILLE £ SPRINGDALE PLANNING AREA BOUNDARIES Next was a conditional use request for a church to be located East of Porter Road and North of Lawson Street submitted by Calvary Baptist Church, property zoned R-1, Low Density Residential District. The Planning Commission had approved a rezoning petition to rezone this to P-1, but it was requested by the Board of Directors at their April 19, 1977 meeting that a conditional use be processed in lieu of rezoning to P-1, Institutional District. Commissioner Donald Nickell stated he would represent this request and abstain from voting. Donald Nickell said the Board of Directors left this on a first reading and sent it back to the Planning Commission. They were concerned about the other uses listed in Use Unit 4 which are uses by right in the p-1 zone. Mr. George Blackwell, who owns a duplex on the corner of Porter Road, Lawson Street, and Holly was concerned that he hadn't been notified. Mr. Nickell said the realtor had given them 20 names of people who lived in the area and the sign was posted on the property. Bobbie Jones said the adjoining property owners have been notified. Donald Nickell stated that there are problems in building in R-1 with setbacks, etc., but they could work that out. Rita Davis asked why the Board of Directors was opposed to the rezoning. Donald Nickell said they felt you could build`.. anything in P-1. He said they only want to build a church there and be a part of the community. George Blackwell said he has a duplex on the south side of this. He said the property will be tied up as church property for a very long period of time. There will be a loss of taxation on this piece of property. He stated that the noise is another reason why he is against the church. The parking will also be insufficient. Mr. Blackwell said he has students in his duplex and they need to get their rest. He stated that the Church will be too loud and go on too late at night. Jack Ray questioned what type of musical instruments the Church would have and Donald Nickell said they would have an organ and a piano. He said the building will be fully air- conditioned so there will not be noise pollution. Jack Ray made a motion to approve the conditional use for the Church. Keith Newhouse seconded the motion, which passed 6-0-1, with Mr. Nickell abstaining. ConditLona2.Use Request CALVARY BAPTIST CHURCH Eo6 PanteJ&Rd£ Nob Law4onSt. The meeting was adjourned at 7:45 P. M. • • • RESOLUTION PC 19-77 WHEREAS, a public hearing was held by the Planning Commission, Monday, April 25, 1977, 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, R77-12, Dr. J. C. Calabria. 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 the South 454.05 feet from C-2, Thoroughfare Commercial and R-1, Low Density Residential, to C-1, Neighborhood Commercial, said property. LEGAL DESCRIPTION: A part of the West Half, Northeast quarter, Section 7, T -16-N, R -30-W, and being more particularly described as follows, to -wit: Beginning at a point that is 544.15 feet North and 273.86 feet West of the SE corner of said 80 acre tract, and running, thence N 88° 58' E, 264 feet; thence N 01° 02' W, 1366.66 feet to a point on the East right of way of U. S. Highway 71 Bypass, thence with said East right of way the following bearings and distances S 21° 23'40'W 692 feet; S 01° 02' E, 17 feet; S 20° 16' W, 99.9 feet; S 12° 08' W, 707.17 feet; S 02° 41' El 153.4 feet; S 09° 02' E, 84.1 feet; S 15° 07' E, 110.6 feet; S 64° 12' E, 82.4 feet to the North right of way of Wedington Drive, thence with North right of way of Wedington Drive N 89° 53' E, 81.5 feet to the centerline of a certain gravel road, thence N 01° 07' W, 454.05 feet to the point of beginning, containing.9.79 acres, more or less. SECTION 2. That the remaining property, less and except the South 454.05 feet, be rezoned from R-1, Low Density Residential, to R-2, Medium Density Residential. SECTION 3. That the above described property be rezoned from C-2, Thoroughfare Commercial and R-1, Low Density Residential, to C-1, Neighborhood Commercial, and R-2, Medium Density Residential. PASSED AND APPROVED this day of , 1977. APPROVED' John Power, Chairman • • • RESOLUTION PC 17-77 WHEREAS, a public hearing was held by the City Planning Commission, Monday, April 11, 1977, fifteen (15) days after a sign was erected on 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 the petition of Huron Nickell, R77-10 for rezoning; NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVUdF, ARKANSAS. SECTION 1. That the petition requesting the rezoning of property, described as follows, from R-1, Low Density Residential District to R-2, Medium Density Residential District, be denied. LEGAL DESCRIPTION: Part of the SE*, SE*, Section 35 and part of the SW*, SW-,, Section 36, T -17-N, R -30-W, being more particularly described as follows, to -wit: Beginning at a point which is 131 feet West of the SE corner of said SE4, SE* and running thence East 231 feet; thence North 198 feet; thence East 137.5 feet; thence North 457 feet; thence West 237.5 feet; thence North 1,045.5 feet; thence West 131 feet; thence South 1,700.5 feet, to the point of beginning. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. PASSED AND APPROVED this day of , 1977. APPROVED. Rita Davis, Vice -Chairman • • • RESOLUTION PC 18-77 WHEREAS, at its regular meeting on Monday, April 25, 1977, the Planning Commission voted to make a recommendation to the Board of Directors on the final subdivision plat dated , 19 , known as Brookside East Subdivision submitted by Jerry D. and Sharon J. Sweetser, and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that Jerry D. Sweetser and Sharon J. Sweetser enter into and furnish the City with the necessary sub- division 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 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 Brookside East subdivison described as follows: LEGAL DESCRIPTION: Part of the SE; of Section 36, T -17-N, R -30 -IV, and more particularly described as follows; to -wit: Beginning at a point N 88° 40' W 765.06 feet from the southeast corner of said 160 acres, thence S 89° 48' W 1295.00 feet, thence S 89° 55'W 263.69 feet, thence S 89° 55' W 171.07 feet, thence N 01° 0' W 690.49 feet, thence N 86° 08' E 235.00 feet, thence N 54° 33' E 590.feet, thence N 64° 48' E 750 feet, thence N 88° 17' E 328.67 feet, thence S 0° 49' E 1372.60 feet to point of beginning, containing 42.72 acres, more or less. PASSED AND APPROVED this day of , 1977. ATTEST: Keith Newhouse, Secretary APPROVED: John Power, Chairman • • • RESOLUTION PC 20-77 WHEREAS, a public hearing was held by the City Planning Commission, Monday, April 25, 1977, fifteen (15) days after a sign was erected on 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 the petition of Joseph David Purvis, R77-2, for rezoning: NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That the petition requesting the rezoning of property, described as follows, from R-1, Low Density Residential, to R-2, Medium Density Residential, be denied. LEGAL DESCRIPTION: Part of Lot 1 in Harter's Fairview Subdivision to the City of Fayetteville, Arkansas, as per plat of said Subdivision on file in the Office of the Circuit Clerk of Washington County, Arkansas, being more particularly described as beginning at the Southwest corner of said Lot 1 in the middle of State Highway 45, thence East 215 feet or to a point 200 feet West of the Southeast corner of said Lot 1; thence North 100 feet; thence West 160 feet and 8 inches to the middle of Highway No. 45; thence Southwesterly to the point of beginning. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. PASSED AND APPROVED this day of , 1977. APPROVED: John Power, Chairman