Loading...
HomeMy WebLinkAbout1978-05-22 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the City Planning Commission was held on Monday, May 22, 1978, at 5:00 P. M., in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Vice -Chairman Keith Newhouse, Morton Gitelman, Beth Crocker, Ernest Jacks, Newton Hailey, Bill Kisor, Peg Anderson. MEMBERS ABSENT: OTHERS PRESENT: Rita Davis, John Power. Bobbie Jones, Angie Medlock, Scott Van Laningham, David McWethy, Neal Albright, Wade Bishop, Harold Wescott, Sam Mathias, Attorney Marshall Carlisle, Leonard Warford, Attorney Hugh Kincaid, Steve Cummings, and other unidentified persons. In the absence of Chairman Rita Davis, Vice -Chairman Keith Newhouse called the meeting to order. The minutes of the May 8, 1978 Planning Commission meeting MINUTES - were approved as mailed. The first item for discussion was a Planning Commission GILFORD HECKATHORN waiver for driveway width for a large scale development Large Scale Development plan for mini -warehousing submitted by Donal L. and Birch $ Poplar Gilford L. Heckathorn for property located on Birch and Poplar Streets. Mr. Gilford Heckathorn was present to represent. Mr. Jacks explained that the Subdivision Committee is recommending that the Planning Commission waive the driveway width to allow a driveway larger than 40 feet wide which the Ordinance allows. Mr. Jacks made a motion to waive the width of the driveway on Birch. Bill Kisor seconded the motion, which passed unanimously. The second item was the preliminary plat approval of Grandview Place, a commercial and medium density subdivision to be located east of South School (Highway 71 B) and north of 26th Street. This was tabled at the May 8, 1978 Planning Commission meeting to furnish proof owners had been notified. Neal Albright was present to represent. No one was present in opposition. Mr. Jacks made a motion to approve the preliminary plat with 1) waive the scale; 2) give any needed right of way of Highway 71 South; and 3) provide street lights in accordance with the Subdivision Ordinance. Bill Kisor seconded the motion, which passed unanimously. GRANDVIEW Preliminary Highway PLACE Plat 71B that adjoining property The third item was the approval of the preliminary HERITAGE EAST plat of Heritage East for a residential subdivision Preliminary Plat to be located west of Happy Hollow Road and East of Curtis West of Happy Hollow Road Avenue, Charm Homes, Inc. developer. Wade Bishop and Harold Wescott were present to represent. Ernest Jacks made a motion to approve the preliminary plat with the following contingencies: 1) meet all Plat Review comments; 2) waive street light spacing to a maximum of 325 feet; 3) place a streetlight at the intersection of Sandy Drive and Curtis Avenue; 4) waive the contour interval and scale; 5) show sidewalks around the entire cul-de-sac on Evelyn Circle; 6) provide proof of notification of the adjoining property owners; and 7) this approval is contingent upon a Board of Adjustment variance on the lot frontage width for lots on the cul-de-sac. Bill Kisor seconded the motion, which passed 7-0. Peg Anderson stated that she objects to the size of the vicinity map submitted. Planning Commission Meeting May 22, 1978 The fourth item was the public hearing REZONING PETITION R78-15 on Rezoning Petition R78-15, Mathias Mathias Partnership. Partnership, to rezone property located on Archibald Yell $ South Street the Northwest corner of South Street and Archibald Yell Boulevard from R-0, Residential Office District to C-2, Thoroughfare Commercial District. Attorney Marshall Carlisle and Sam Mathias were present to represent. Vice -Chairman Newhouse noted that Planning Consultant Larry Wood recommended that the C-2 district be approved for the following reasons: 1. The property in question adjoins property already zoned C-2 District and contains structures designed and con- structed for commercial purposes; and, 2. The request is consistent with the study recommendation reviewed by the Commission. Mr. Carlisle pointed out that he had checked the old zoning maps, prior to the adoption of the present Zoning plan, and this property had been zoned commercial. He said this property has been used for commercial since that time. Mr. Jacks stated that the reason that property was zoned R-0 was because of the traffic problems. There was some question as to exactly what property the petitioner was asking to have rezoned. Mr. Carlisle said what they intend to ask . rezoning for is the property on which the tire store and auto parts building are located. Peg Anderson stated that she felt they should table the request until they have the properlegaldescription. Mr. Gitelman stated that, in the past, they have rezoned less than what was asked for in the application. Peg Anderson said she is not exactly sure what they are asking for. Mr. Carlisle asked that they let him check the legal description and take this matter up at the end of the meeting. Next was the public hearing on Rezoning Petition REZONING PETITION R78-16 R78-16, Leonard C. rAileen Warford; to rezone Leonard C. $ Aileen Warford property located on the southeast corner of Happy Hollow Road 13th Street and Happy Hollow Road from I-2, General (Heavy) Industrial to C-2, Thoroughfare Commercial District. Leonard Warford and Attorney Hugh Kincaid were present to represent the petition. Mr. Kincaid said they are planning to put a used car lot on the property and they need the C-2 zoning. - Mr. Jacks said he felt if they approve this rezoning the Planning Commission will be under greater pressure to commercialize everything west of Happy Hollow to Morningside Drive. He said he doesn't know if they should do this. Mr. Kincaid said there is a piece of C-2 property diagonally across from this property. He noted that this property is very small and is not suitable for industrial use. No one was present in opposition. Bill Kisor made a motion to approve the rezoning from I-2, Industrial District to C-2, Thoroughfare Commercial District. Ernest Jacks seconded the motion which passed 7-0. The sixth item was a request for CHANGE OF NON -CONFORMING USE a change of non -conforming use 231 Mill Avenue for property at 231 Mill Avenue, E. Lamar Pettus zoned R-2, Medium Density Residential District, submitted by E. Lamar Pettus. Planning Commission Meeting May 22, 1978 The applicant stated that this has been used for a commercial warehouse for the last 11 years and requests permission to change to a small retail shop, or warehouse, or workshop. No one was present to represent the request. Ernest Jacks made a motion to approve the request. Bill Kisor seconded the motion. Beth Crocker said she had checked with the person across the street and he said the building had been vacant for two years. She and Mrs. Anderson noted that several windows had been broken out of the building. Ernest Jacks withdrew his motion to approve and Bill Kisor withdrew his second. Peg Anderson made a motion to deny the request. Ernest Jacks seconded the motion. Bobbie Jones said she had received a notarized statement from Pete Estes, Jr. stating that this property has been used as a warehouse in the past six months. She stated that if the change.of non -conforming use is denied, the applicant would not be able to come back. He would have to apply for a rezoning. Peg Anderson withdrew her motion to deny the request. Ernest'Jacks withdrew his second. Bill Kisor made a motion to table this so that the property owner may be at the meeting to represent his request. Newton Hailey seconded the motion which passed 7-0. Next was a request for a change of CHANGE OF NON -CONFORMING USE non -conforming use for property 525 Mission Blvd. located at 525 Mission Blvd., from Edwina Cummings a plant shop to a ceramics shop, including sale of greenware, lessons, and workshop; property zoned R-1, Low Density Residential. Steve Cummings was present to represent the property owner. No one was present in opposition. Ernest Jacks made a motion to approve the request. Newton Hailey seconded the motion, which passed 7-0. The Planning Commission again took REZONING PETITION R78-15 up Rezoning Petition R78-15, Mathias Partnership Mathias Partnership, to rezone property located on the Northwest corner of South Street and Archibald Yell Boulevard from R-0, Residential Office District to C-2, Thoroughfare Commercial District. Mr. Carlisle explained that the legal description submitted was in error. He noted that they need to omit the double -hatched portion shown on the map prepared by the Planning Office. This would be north of the property which they are asking to have rezoned. This would be the property where the tire shop is located. Bill Kisor made a motion to approve the rezoning as amended. Ernest Jacks seconded the motion, which passed 7-0. The meeting adjourned at 5:40 P. M. RESOLUTION PC 35-78 WHEREAS, a public hearing was held by the Planning Commission, Monday May 22, 1978, 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 R78-15, Mathias Partnership. 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 re- zoning from R-0, Residential -Office District to C-2, Thoroughfare Commercial District, said real estate. LEGAL DESCRIPTION: A part of Block Forty (40) of the Original City of Fayetteville, Arkansas, more particularly described as follows, to -wit: Beginning at a point on the N line of the right-of-way of U.S. Highway No. 71 which point is 110 feet North and 61.5 feet West of the Southeast corner of said Block Forty (40), and running thence West 143 feet, thence South 116 feet to the S line of said Block, thence East 15 feet to the West line of said right-of-way; thence NE along the North and West line of said right-of-way to the point of beginning. Also part of Block Forty (40) in the Original Plat of the Town (now City) of Fayetteville, Arkansas, described as follows: Be- ginning at a point 116 feet North of the Southeast corner of said Block 40, at the North end of a cobble -stone wall, and running thence W 204.5 feet, for a beginning point; thence South 116 feet, more or less, to the North line of South Street, thence West 40.5 feet along the North line of South Street, thence North 116 feet, more or less, to a point due West of the point of beginning, thence East 40.5 feet to the point of beginning, which is the location of Automotive Inc., General Adjustors Bureau and one lot adjoining to West. SECTION 2. That the above described property be rezoned from R-0, Residential -Office District to C-2, Thoroughfare Commercial District, so that the petitioner may develope property accordingly. PASSED AND APPROVED this day of , 1978. APPROVED: Keith Newhouse, Vice Chairman • • • RESOLUTION PC 36-78 WHEREAS, a public hearing was held by.the Planning Commission, Monday, May 22, 1978, 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 R78-16, Leonard C. and Aileen Warford. 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 I-2, General Industrial District to C-2, Thoroughfare Commercial. District, said real estate. LEGAL DESCRIPTION: A part of the West i of the SWI of the SEI of the NWt of Section 23 in T -16-N of Range 30-W, more particularly described as follows, to -wit; Commencing at a point which is 560 feet North and 35 feet East of the SW corner of said five acre tract; thence running North 100 feet; thence running East 105 feet; thence running South 100 feet; thence running West 105 feet to the Point of Beginning. SECTION 2. That the above described property be rezoned from I-2,'.General Industrial District to C-2, Thoroughfare Commercial District, so that the petitioner may develope property accordingly. PASSED AND APPROVED this day of , 1978. APPROVED: Keith Newhouse, Vice Chairman