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HomeMy WebLinkAbout1977-11-28 Minutes• • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held on Monday, November 28, 1977 at 5:00 P. M., in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman John Power, Ernest Jacks, Bill Kisor, Jack Ray, Keith Newhouse, Rita Davis, Peg Anderson, John Maguire. Donald Nickell. Bobbie Jones, Angie Medlock, David McWethy, Bill Lichlyter, Clint Clements, Charles Presley, General Bruce Kendall, Jerry Sweetser, Ron Sherwood, Joe Segers, Ken Evans, Jo Anne Hays, Benny Harris, Rudy Moore, Mr. Nickle, Sidney Rieff, Clemma Pitts, Mike Wommack, and other'.unidentified persons. Chairman John Power called the meeting to order. Ernest Jacks asked that the Subdivision Committee recommendation on Butterfield Plaza reflect that they require planting along Old Missouri Road but not within the whole triangle. Also, reflect that they did not "waive" planting along Old Missouri Road. With these corrections, the minutes were approved as mailed. Rita Davis arrived 5:02 P. M. MINUTES The first item for consideration was the revised large scale development plan for Parnell Construction Company located North of Highway 62 and between Buchanan and Duncan Streets; Jim Gault, developer. The Planning Commission was requested to waive the safety zone for the driveway from the street intersection on the southwest corner of the property. Clint Clements was present to represent. Ernest Jacks made a motion to approve the large scale development plan with the reduction in distance from the intersection to the drive and with the provision that the developer bring Buchanan Avenue up to City standards east of the center- line of the existing pavement and along their frontage Bill Kisor seconded the motion, which passed 7-0. PARNELL CONSTRUCTION CO. Large Scale Development Buchanan Avenue The second item was the approval of the final MATHIAS SUBDIVISION plat of Mathias Subdivision located South of Final Plat Township Road and east of Highway 71; Township Road Mathias Partnership, developer. Charles Presley was present to represent. Ernest Jacks made a motion to approve with the stipulation that the street lights be moved into the street right-of-way. Bill Kisor seconded the motion. Peg Anderson said she would oppose this, as she did on the preliminary plat, because she felt it should be developed on a cul-de-sac. The motion to approve passed 6-1, with Power, Newhouse, Ray, Kisor, Jacks, and Davis voting "Aye" and Anderson voting "Nay". The third item was the approval of the preliminary plat of Heather Ridge Subdivision located outside the City. Most of the 77.8 acre HEATHER RIDGE SUBDIVISION Preliminary Plat • • • Planning Commission Meeting -2- November 28, 1977 subdivision is outside the Planning Area. Only the east 10 acres in Section 5 are in Fayetteville's Planning Area; Washington County Planning Board asked that the Fayetteville Planning Commission to consider waiving their Jurisdictional rights on this subdivision. Mr. Jacks made a motion for the Planning Commission to waive their jurisdictional rights over the 10 acres of this subdivision which lie in Fayetteville's Planning Area to the County. Jack Ray seconded the motion, which passed 7-0. The fifth item was the public hearing on Rezoning Petition No. R77-44, Dr. and Mrs. W. L. Murray, to rezone property located at the northeast corner of Township Road and Johnson Road, from A-1, Agricultural District to C-2, Thoroughfare Commercial Chairman Power acknowledged the following reasons Planning recommended the requested C-2 zoning: 1. The C-2 District is consistent with the general zoning pattern in this area; and REZONING PETITION R77-44 Dr. W. L. Murray Northeast corner of Township F, Johnson Rds. District. Consultant Larry Wood 2. The land use pattern indicated either industrial or commercial as an appropriate use for this property. Mr. Jacks said they did a study of this area some time ago which was not adopted by the Planning Commission. Ron Sherwood, 130-A North College was present to represent Dr. Murray. He said his company is handling the sale of the property for the Murray's. He said the purchaser, Mr. Ken Evans, was present at the meeting. Joe Segers, was present representing Dr. Nettleship who owns adjoining property. He asked if there are any plans for using this as a bar. Mr. Evans, 2333; Juneway Terrace said he plans to operate Northwest Typewriter there --he said it would be an office machine outlet and repair store. He stated that he definitely would not use this as a bar. Bill Kisor made a motion to approve the rezoning. Ernest Jacks seconded the motion, which passed unanimously. Peg Anderson asked that they bring the report of this area which was never adopted by the Planning Commission back on December 12. John Maguire arrived at 5:12 P.M. The fifth item for consideration was the public hearing on Rezoning Petition No. R77-45, Belinda Faubus, to rezone property located on the south side of Highway 16 East, (15th Street) approximately 500 feet west of South College Avenue from R-2,Medium Density Residential to C-2, Thoroughfare Commercial District. Chairman Power acknowledged the following three reasons Planning Consultant Larry Wood had given for not recommending the rezoning to C-2: 1. The General Plan recommends industrial as the future land use for this area indicating a need to protect the area from encroachment of other uses; REZONING PETITION R77-45 Belinda Faubus Fifteenth Street • Planning Commission Meeting November 28, 1977 -3- 2. Planned industrial areas should not be picked apart by small parcels of zoning which commit the area to non- industrial uses; and 3. C-2 District will establish a trend toward commerciali- zation of this area Mr. Jacks said he would hate to see that area stripped out in zoning. He said they have gone on record as having commercialization only at intersections. Peg Anderson said she had received a phone call from Bryan Walker who owns property in the area and he would also like to have his property rezoned to C-2. JoAnn Hays, 2556 Mt. Comfort Road was present representing Belinda Faubus. She said this was asked for C-2 because in the industrial zone you have to have a 50 foot setback from the side property lines when it is abutting a residentially zoned district. She stated that the lot is only 105 feet wide and this would take the entire lot. She said the people who want to buy the lot want to use it as a ceramic shop. Benny Harris, 1017 Eva, said his wife is wanting to buy the property for a ceramic shop. He said it would be a retail ceramic products shop and would be a well - kept place Mr. Jacks asked Larry Wood if he is suggesting they consider this as industrial park property and Larry Wood said "yes". Chairman Power questioned if they had not talked at some time about some of the frontage being appropriated as commercial since there is already some commercial there. Larry Wood explained that east of the creek they have established a precedent for continuing the trend along the south side of Highway 16 and possibly the north side of Highway 16. He said the plan indicates industrial all the way to the creek. Peg Anderson said she would rather change the whole area. She said she does not particularly want to see spot -zoning. John Maguire asked Larry Wood why this area is so favorable as industrial. Larry Wood said it is on a fairly high -traffic artery. He also said the idea was more of the whole industrial park grouping. John Maguire said he felt it is too congested for apartments, and commercial or office districts would be idea. He felt this would be as good as an industrial use for the land from this land to the trailer park. Rita Davis felt they would want to avoid what they have on Highway 62 West. She asked Bobbie Jones if they had not changed the Zoning Ordinance to allow offices in an industrial zone and Bobbie Jones said "yes". John Maguire made a motion to approve the rezoning. Keith Newhouse seconded the motion, which failed to pass 5-3, with Ray, Newhouse, and Maguire voting "Aye" and Davis,Kisor, Anderson, Jacks, and Power voting "Nay". The next item was the public hearing on REZONING PETITION R77-46 Rezoning Petition No. R77-46, Robert and Robert €, Charles Nickle Charles Nickle, to rezone property located NE corner of Leverett P, Sycamore at the northeast corner of Leverett Avenue and Sycamore Street from R-2, Medium Density Residential District to C-2, Thorough- fare Commercial District. Rudy Moore was present representing Robert and Chalres Nickle. • • • Planning Commission Meeting November 28, 1977 -4- Charles E. Strange was also present, who plans to purchase the property. Chairman Power stated that Planning Consultant Larry Wood's planning report basically indicates this is not recommended for the following four reasons: 1. The requested C-2 District is not in keeping with the adopted General Plan; 2. If approved the requested district constitutes spot zoning; 3. Approval of C-2 District at this location would esta- blish a precedent of scattered commercial locations away from major streets and without plan foundation; and 4. A commercial district at this location will tend to commit other properties in this area for commercial purposes leading to the commercialization of Leverett Avenue. Mr. Moore said the request is on the corner of two collector streets. He also said the particular property is surrounded on two sides by Chateau Apartments. It is a small house which has been rennovated. He stated that by making this (Sycamore) a collector street, it is really no longer suited for a single-family residence. He said with the increased traffic, it becomes a liability for the City and for the owners as a single-family residence. He noted that there are the following commercial uses in the area north of North Street --Gabbard Paint and Real Estate; Johnson Center; the car wash; the telephone company; there is then R-2, and then on the corner to the north there is the Spee Dee Mart. He said Leverett is a major street now and the City is proposing to make Sycamore a major street. He felt the proposed useage would be for a teacher supply and stationary store. Mr. Power questioned who owns the house to the west and Mr. Nickel said it would be Mrs. Johnson and her mother, Mrs. Parker, and they did not voice any objections to him. Bobbie Jones said there would be a 60 -foot setback from each street. Mr. Nickel explained that they hope to be able to use the present structure. Rita Davis stated that there is a problem with the traffic there now and Mr. Nickle said this would not be a high -traffic business. Peg Anderson said she would be opposed to this. She felt the City has commercial areas for this. She said she might be in favor of a neighborhood grocery store but if they start allowing small commercial areas in any residential areas, they are changing the whole plan and she doesn't think there is a need for this type of thing in that area. Keith Newhouse made a motion‘to deny the rezoning. Ernest Jacks seconded the motion, which passed unanimously. The eighth item for discussion was a CHANGE OF NON -CONFORMING USE change of non -conforming use request submitted Sidney Rieff by Sidney Rieff for property located at 2104 Mission Blvd. The property is presently used as a service station and refrigerator shop, the requested use is tool sharpening, saw, and tool repair along with the sale of gasoline. The property is zoned R-1, Lot Density Residential. Sidney Rieff was present to represent. Planning Commission Meeting November 28, 1977 -5- Bobbie Jones explained that only the Planning Commission has the authority to approve a change of non -conforming use. She said the Planning Commission may do this only if there are no structural changes being made in the building. Mr. Jacks asked if this is operating as a service station now and Mr. Rieff said it had been until the last tenant had moved out. He said it was operating as a service station when it was taken into the City. Keith Newhouse questioned how long ago it was closed down and Mr. Rieff said it has been closed down several times for a month or so at a time. Bill Kisor made a motion to approve the change of non -conforming use. Keith Newhouse seconded the motion, which passed 8-0. The last item for consideration was a duplex CLEMMA PITTS conditional use request submitted by Clemma Duplex Conditional Use Pitts, for property located 2 blocks west of Lake Sequoyah Drive and North of Highway 16 on Mally Wagnon Road, property zoned R-1, Low Density Residential. Clemma Pitts and Mike Wommack were present to represent. Mrs. Pitts said she thought this was zoned R-2 when she bought the property. She said it was not until she came in for a building permit in August that she found out that it had been changed in 1970. She said it was represented to her as being R-2 when she bought it. She has 1.6 acres. Mr. Jacks asked if the adjoining property owners had been notified and Bobbie Jones said "yes". Mrs. Pitts said she had contacted several of the adjoining property owners in person and they did not object to a duplex. Bill Kisor made a motion to approve the conditional use. Peg Anderson seconded the motion. Rita Davis asked Clemma Pitts if she planned to live in the duplex and Mrs. Pitts said she didn't know. The vote was 7-1, with Ray, Kisor, Anderson, Power, Jacks, Newhouse, and Maguire voting "Aye" and Davis voting "Nay". The'. Planning Commission acknowledged the receipt of BY-LAWS the updated by-laws. The Commission agreed unanimously to. only DECEMBER 26 MEETING have one meeting in December. The meeting was adjourned at 5:55 P. M. • • • RESOLUTION PC 66-77 WHEREAS, at its regular meeting on Monday, November 28, 1977, Commission voted to approve the final subdivision plat dated 19 , known as Mathias Subdivision submitted by Mathias Real Estate Partnership; and the Planning WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that Mathias Real Estate Partnership enter into and furnish the City with the necessary subdivision contract before the Board of Directors accepts this final subdivision plat. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION 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 Planning Commission of Fayetteville, Arkansas, hereby approves the final plat along with the land dedicated for streets and other public uses in the Mathias Subdivision described as follows: LEGAL DESCRIPTION: A part of the W1/2 of the NE; Frl. ; of Range 30 West of the Fifth Principal Arkansas. Section 3, Township 16 North Meridian, Washington County, Beginning at a point that is N 89° 32' 41" E 950.4 feet from the NW corner of said W' of the NE Frl..;; thence N 89° 32' 41" E 224.42 feet; thence S 1° 07' 04" E 144.80 feet; thence N 87° 53' 22" E 142.01 feet; thence S 0° 17' 07" W 238.3 feet; thence S 88° 37' 40" W 363.62 feet; thence N 0° 39' 44" W 384.79 feet to the Point of Beginning, containing 2.74 acres more or less. PASSED AND APPROVED this ATTEST: day of , 1977. Keith Newhouse, Secretary APPROVED: John Power, Chairman RESOLUTION PC 67-77 WHEREAS, a public hearing was held by the Planning Commission, Monday, November 28, 1977, fifteen (15) days after a signwas 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 R77-44, Dr. and Mrs. W. L. Murray. 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 C-2, Thoroughfare Commercial District, said real estate. LEGAL DESCRIPTION: A part of the SE; of the SEa of.Section 34 in Township 17 North, Range 30 West, more particularly described as follows, to -wit: Beginning at a point which is 33 rods and 10 feet West and 34.35 feet North of the SE corner of said 40 acre tract, and running, thence North 86 degrees 40 minutes East 231 feet, thence North 372 feet to an iron stake on the south bank of a branch, thence in a Northwesterly direction with the south bank of said branch to an iron stake on the eastern boundary of the right-of-way of the St. Louis and San -Francisco Railroad Company, which is 660 feet North of the South boundary line of said 40 acre tract, thence in a Southerly direction with the Eastern boundary of said right-of-way 625.65 feet to the point of beginning, subject to any and all water rights heretofore granted on said lands and_sublect to any and all easements for roads as now located. SECTION 2. That the above described property be rezoned from C-2, Thoroughfare Commercial District to R-2, Medium Density Residential District, so that petitioner may develop property accordingly. PASSED AND APPROVED this day of , 1977. APPROVED: John Power, Chairman RESOLUTION PC 68-77 WHEREAS, a public hearing was held by the City Planning Commission, Monday, November 28, 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 Belinda Faubus, R77-45. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSI0N 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-2, Medium Density Residential District to C-2, Thoroughfare Commercial District. LEGAL DESCRIPTION: Part of the NE; of the SE% of Section 21, T -16-N, R -30-W, Washington County, Arkansas. Point of Beginning is 525 feet west of the NE corner of said 40 acre tract, thence West 105 feet, thence South 420 feet, thence East 105 feet, thence North 420 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 1977. day of , APPROVED: John Power, Chairman • • RESOLUTION PC 68.1-77 WHEREAS, a public hearing was held by the City Planning Commission, Monday, November 28, 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 Robert and Charles Nickle, R77-46, 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-2, Medium Density Residential District, to C-2, Thoroughfare Commercial District, be denied. LEGAL DESCRIPTION: Part of Lot Seven (7), Block Ten (10), Parker's Plat of Valley View Acres, as the same is designated upon the plat of said subdivision now of record in the Office of the Circuit Clerk of Washington County, Arkansas, more particularly described as follows, to -wit: Beginning at the Southwest corner of said Lot Seven (7), and running thence East 100 feet, thence North 103.24 feet, thence West 100 feet, thence South 103.24 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 28th day of November , 1977. APPROVED: John Power, Chairman