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HomeMy WebLinkAbout1977-12-12 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held on Monday, December 12, 1977, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas at 5:00 P. M. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Rita Davis, Ernest Jacks, Jack Ray, Bill Kisor, Peg Anderson, John Maguire, Keith Newhouse... Chairman John Power, Donald Nickell. Bobbie Jones, Angie Medlock, David McWethy, Scott Van Laningham, Bruce Kendall, Ervan Wimberly, Harry Vandergriff, Harlan K. Black, Wallace Cordes, David Meldrum, Barbara Hinton, Clemma Pitts, Mike Wommack, Ken H. Colvin, Fred Hanna, Gary King, Rick Cowdrey, and other unidentified persons. In the absence of Chairman John Power, Vice -Chairman Rita Davis called the meeting to order. There being no corrections or additions to the minutes of the Planning Commission meeting of November 28, 1977, they were approved as mailed. The first item for discussion was the approval of the final plat of Greenbriar Addition, a Planned Unit Development and a replat of 19th Green, located north of Sweetbriar Drive, Edmiston-Prewitt, developer. Ervan Wimberly was present to represent. Ernest Jacks made a motion to 'approve the final plat. Bill Kisor seconded the motion, which passed unanimously. MINUTES GREENBRIAR ADDITION Final Plat N. of Sweetbriar Drive The second item was the public hearing on Rezoning Petition R77-47, Fayetteville School District to rezone property located REZONING PETITION R77-47 Fayetteville School District Eastwood Drive & Hwy. 45 at the southeast corner of Eastwood Drive and Highway 45 from R-1, Low Density Residential District to P-1, Institutional District. Harry Vandergriff was present to represent. Mr. Vandergriff explained that they want to rezone this property so they can build a hard -surface playground for the children of Root School. Harlan K. Black, 1505 Mission, was present representing Mr. Ford and Mrs: -Miller who own property in the area. Mr. Black pointed out the following reasons why they feel the City should not rezone the property to P-1: 1) the intersection of Eastwood and Highway 45 is outlined as a congested intersection; speeding and traffic violations are frequent and this area is much less than ideal for a playground; 2) a main gas line crosses from the northwest to the southeast on the boundary between Lots 1 and 2; and 3) south of the school building are two basketball goals; baseball stops and two hard -surface areas. He felt this area could be more efficiently used with more playground equipment. Mr. Vandergriff said a playground would not affect the traffic problem. He said they are concerned about the safety factor and that is why they are going to fence the area. He noted that a school with over 500 children needs at least 5 acres of play- ground space Planning Commission Meeting December 12, 1977 -2- Wallace Cordes, 895 N. Jackson, was present in favor of the rezoning petition. He said he has children in Root School and they need additional playground space. Dave Meldrum, 1501 Mission, said he would have no objection to rezoning for a play- ground but said he would be very much against lighted tennis courts being constructed there. Ann Henry, 1418 Hope, said she has three children in Root School and agreed that they do need additional playground space. She said she is in favor of the rezoning. Ben Winborn, a member of the Parks and Recreation Advisory Board was present and said they would like to see this become a part of the Root school park, but that would be up to the City. Harlan K. Black pointed out that they can do the same thing in R-1 as P-1 with Planning Commission approval. He said that would give the property owners an opportunity to express their opinions on what is being constructed. Rita Davis pointed out that a person could build a private tennis court in R-1 without Planning Commission. approval. Barbara Hinton, 1750 Applebury was present in favor of the rezoning. She said they only want playground space at this time and not tennis courts. Jack Ray questioned the necessity of having the property rezoned for playground area. Mr. Vandergriff said they could not hard -surface the area or fence it without Planning Commission approval. John Maguire felt the property should be left in the R-1 and the school come in for a conditional use for a playground. He said once you have rezoned to P=1 it would give the Parks Board latitude to build'something else on the land. Mr. Winborn pointed out that this is the only piece of property which the school board owns which is not zoned P-1. Peg Anderson said she feels Root School needs additional playground area and she is in favor of the rezoning. Bill Kisor said they could do the same thing in can in P-1. Bill Kisor made a motion to deny the petition. passed 4-3,..with Ray, Kisor, Jacks, and Maguire and Davis voting "Nay". The third item was a public hearing on Rezoning Petititon R77-48, Clemma Pitts, to rezone property located on the east side of Mally Wagnon Road, north of Highway. 16 from R-1, Low Density Residential District to R-2, Medium Density Clemma Pitts and Mike Wommack were present to represent. Rita Davis acknowledged the report from Planning Consultant Larry recommend rezoning to R-2. Mike Wommack said they had came in previously for a duplex conditional use because that was quicker.. He said Mrs. Pitts would now like to have permission to build four duplexes without having to come in for a conditional use approval on each one. He noted that there is a 2" water line on the property, an 8" sewer line and a fire hydrant less than 500 feet from Mrs. Pitts' property. He also pointed out that there is a duplex within a few hundredfeet of Mrs. Pitts' property and another one on Mally Wagnon Road. He said Mrs. Pitts would not be building apartments. He pointed out that the land would have a higher valueto sell zoned as R-2. Peg Anderson made a motion to deny the rezoning to R-2. Keith Newhouse seconded the motion, which passed 6-1, with Newhouse, Anderson, Davis, Ray, Jacks, and Kisor voting "Aye" and Maguire voting "Nay". R-1 with a conditional use as they Jack Ray seconded the motion, which voting "Aye" and Anderson, Newhouse, REZONING PETITION R7,7-4 Clemma Pitts Mally Wagnon Road Residential District. Wood which did not • Planning Commission Meeting December 12, 1977 The fifth item was a conditional use request for a plant nursery to be located at the southwest intersection of Johnson Road and Highway 71 North, Ken H. Colvin, developer. Ken Colvin was present to represent. He said this land was formerly used as a bulk petroleum facility. He said they want to use the existing buildings as a plant nursery. Peg Anderson asked what entrance they would use and Mr. Colvin said they would use the existing drive off of Johnson Road. No one was present in opposition. Ernest Jacks made a motion to approve the conditional use request for a plant nursery. Jack Ray seconded the motion, which passed 7-0. CONDITIONAL USE REQUEST Plant Nursery Johnson Rd. F, Hwy. 71 North Next was a report from Planning Consultant Larry Wood on Township Road Land Use Study. This item was tabled until January 9. TOWNSHIP ROAD LAND USE STUDY The seventh item was a conditional COMMUNITY CENTER use request for a "community center" Conditonal Use at 518 South Hill Avenue submitted by 518 South Hill Alan F. Hickman, zoned C-1, Neighborhood Commercial. No one was present to represent the petitioner. Rita Davis asked Bobbie Jones if she has interpreted that this should come under Use Unit 14 and Bobbie Jones said it is her opinion that it should. She said she had written a letter to the applicant asking for more detailed information of the operation and had not received anything from him. Rita Davis felt the applicant would need to go to the Board of Adjustment for an interpretation if he does not agree with Bobbie Jones' interpretation. Peg Anderson made a motion to deny the conditional use request since no one was present to represent the petitioner. Jack Ray seconded the motion, which passed 7-0. The eighth item for consideration was MALL EASEMENTS and approval of the plat to dedicate easements SERVICE ROAD RIGHT-OF-WAY and service road right-of-way for Northwest Arkansas Plaza, submitted by General Growth Properties. Gary King was present representing Engineering Services, Inc. Bobbie Jones explained that Mr. King had taken a copy of the utility easements to a representative of each utility company and had them sign the plat saying easements are sufficient. She said they are also dedicating a service road in front of the mall. She noted that there is one sewer line under a building which the City Engineer will not accept for maintenance. Ernest Jacks made a motion to accept the easements and service road right-of-way. Bill Kisor seconded the motion, which passed 7-0. Next was a request for a rehearing on Rezoning Petition R77-45, Belinda Faubus. Ernest Jacks made a motion to approve the request seconded the motion, which passed unanimously. The last item was approval of the final plat of Fox Hunters Estates located on the south side of Final Plat Fox Hunters Road. Rick Cowdrey was present to represent. Ernest Jacks made a motion to approve the final plat. Bill Kisor seconded the motion, which passed 7-0. BELINDA FAUBUS Rezoning Petition R77-45 Request for Rehearing for rehearing. Peg Anderson FOX HUNTER ESTATES • • • Planning Commission Meeting December 12, 1977 -4- Peg Anderson moved that a resolution be adopted in which the JOHN MAGUIRE Planning Commission goes on record as thanking John Maguire, JACK RAY Jack Ray, and Donald Nickell (whose terms expire December 31, DONALD NICKELL 1977) for their fine service to the Planning Commission and the Community and thanking them for the many hours they have devoted to this service. Ernest Jacks seconded the motion, which was approved 5-0-2, with Davis, Jacks, Kisor, Anderson and Newhouse voting "Aye" and Maguire and Ray. abstaining. The meeting was adjourned at 6:10 P. M. • • • RESOLUTION PC 69-77 WHEREAS, a public hearing washeld by the City Planning Commission, Monday, December 12, 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 Fayetteville School District, R77-47. 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 P-1, Institutional District, be denied. LEGAL DESCRIPTION: Tract "A" - A part of Lot 1 and Lot 2, Block 6 Jackson's First Addition to the City of Fayetteville, Arkansas, described as follows: Beginning at the Northeast corner of said Lot 1, running thence South 163.3'; thence South 80 degrees 30 minutes West 100'; thence North 11 degrees 41 minutes West 145.5' to the North line of said Lot 1 and running thence Northeasterly with said North line of said Lot I, 133.6' to the Place of beginning. Tract "B" - A part of Lot 2, Block 6 Jackson's First Addition to the City of Fayetteville, described as follows: Beginning at the Northwest corner of Lot 2 and running thence Northeasterly with the North line 6f said Lot 156.6'; thence South 11 degrees 41 minutes East 145.5' to the South line of Lot 2, running thence South 80 degrees 30 minutes West 161.5' to the West line of said Lot; running thence Northwesterly with the West line of said Lot 126.9' to the place of beginning. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. PASSED AND APPROVED this day of APPROVED: , 1977. John Power, Chairman • • • RESOLUTION PC 70-77 WHEREAS, a public hearing was held by the City Planning Commission, Monday, December 12, 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 Clemma Pitts, R77-48. 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 District to R-2, Medium Density Residential District, be denied. LEGAL DESCRIPTION: Part of the Southwest Quarter (SE') of the Northeast quarter (NE14) of Section Twenty (20) in Township Sixteen (16) North of Range Twenty-nine (29) West, and being more particularly described as follows, to -wit: Beginning at a point on the East side of the County Road which runs along the West side of said forty (40) acre tract, which is 500 feet North of the intersection of the East line of said road and the North line of State Highway No. 16, thence East 200 feet, thence North 350 feet, thence West 200 feet, to the East line of the Couniy Road, thence South 350 feet to the point of beginning, containing 1 6 acres, more or less. 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 A RESOLUTION PC 71-77 WHEREAS, at its regular meeting on Monday, December 12, 1977, the Planning Commission voted to approve the final subdivision plat dated , 19 , known as Greenbriar, a Planned Unit Development, submitted by Edmiston Prewitt Development Company; and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivsion that Edmiston Prewitt Development Company 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 Greenbriar Planned Unit Development described as follows: LEGAL DESCRIPTION: Block 1, Sweetbriar Addition to the City of Fayetteville, Arkansas, more particularly described as follows: Part of the Northwest Quarter (NA) of the Southeast Quarter (SE;) of Section Twenty-five (25), Township Seventeen (17) North, Range Thirty (30) West of the Fifth (5th) Principal Meridian, Washington County, Arkansas, more particularly described as follows, to -wit: Beginning at a point on the North right-of-way line of Sweetbriar Drive which is N 0° 08' 42" E 175 feet from the Southeast corner of said forty acre tract, for a point of beginning, and running thence N 0° 08' 42" E 850 feet to the centerline of Mud Creek; thence S 55° 32' 42" W 198.82 feet; thence S 76° 02' 42" W 312.76 feet; thence S 0° 08' 42" W 570.94 feet to a point on the North right of way line of Sweetbriar Drive, thence Easterly along the North right of way line of Sweetbriar Drive to the Point of beginning, containing 7.77 acres, more or less. PASSED AND APPROVED thsi ATTEST: day of , 1977. Keith Newhouse, Secretary APPROVED: John Power, Chairman i