HomeMy WebLinkAbout1961-09-25 MinutesWater main
extensions
on Nortkl 71.
by
Danco
Permit
W.C.Whit
(use of
house
Authoris
City Eng
to negot
with Fed
Gov. re:
sewer li
Co.
solutl on_10_61_(C_ontinued
PASSED AND APPROVED this 11th day of September, 1961.
APPROVED:
ATTEST: nk , MAYOR
Alderman McClelland reported that�the Water Committee'had recommended that the City
make extensions -to the north along U.S'. Highway No: 71, Leverett Avenue, Poplar Street,
and Miller"Street-on-the water mains andthat the Danco Construction Co. be awarded the
contract according to their bid which was submitted to the City on Thursday, July 27,
19610
Aldemiah McClelland then -moved that the Mayor -and City Clerk'be and they are hereby
authorized to-eaecute-a oontract'with-Danco Construction Co., North Little'Rock, Arkans
to'make'water main -extensions along U. S. Highway No. 71 North to Lake Fayetteville,
Leverett Avenue;'Poplar Street; and"'Miller-Street for the total sun of 64,307.70,
subject"to approval of the performance bond by the City Attorney and evidence of proper
insurance: - — - -
The motion was seconded by Alderman Walker and passed unanimously.
The City Building Inspector reported that Mr. W. C. Whitfield requested a Building Perm
for a house trailer to be used for an office for a - used car lot on North East Avenue.
He further reported that Fayetteville City Ordinance No. 1181 permits a building permit
to be issued for house trailers to be used in the first fire zone under certain conditi
and refers to'Zoning Districto.of the Old Zoning Ordinance. Our new Zoning Ordinance
No. 1239 has changed the names of.these districts. The Building Inspector further state
that he did not know how to handle the permit and recommended that the City Council ame.
and revise City -Ordinance No. 1181.
After a brief-disoussion� Alderman Hatfield moved that the -City Building Inspector be
and -he is hereby authorized to issue the building permit to W. Co Whitfield for use of
house trail'er`as requested.
The motion was seconded by Alderman Burgin and passed unanimously.
Alderman McClelland moved that the City Engineer be and he is hereby authorized and
Or directgd'to enter'negotiations with the Federal Government to participate financially
e 3n the -construction of'sewer mains to serve some of the area recently annexed in the
1 south part of -the -City.
The motion was seconded by Alderman Hatfield and passed unanimously.
There being no further business, Alderman WalRer moved to'adjourn. The motion was
seconded'by Alderman Smith and passed unanimously, whereupon the Mayor declared the
meeting adjourned.
APPROVED:
ATTESTO
GEORGE Jc-DAVIS., CITY CLERK
The CityeCouncil of Fayet_.
teville, Arkansas, met in regular session on Monday, September
25, 1961, at -7:30 P.'M.'
Present:'Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jone
City Attorney Bass-Trumbo, City Engineer,W. C. -Smith, Chief of Police Pearl Watts, Fire
Chief Burl Skelton, and Aldermen: Walker, Christie, Hatfield, McClelland, Thomas,
Burgin, Smith, and Short.
Absent: None.
The minutes 'of the regular meeting on Monday, September 11, 1961, a copy of which had b
previously mailed to each of the Aldermen, were approved.
Petition Attorney 'A. D. McAllister appeared -before the Council and presented a petition to aban-
to vacate don a portion of the turn=around located at' -the north end of Vista Place, Greenfield
portionlof Addition to the City of Fayetteville, Arkansas.
turn -around After a brief'disciission, the Council requested Attorney McAllister to read a proposed
on north end resolution referring the petition to the Planning Commission and setting forth the time
of Vista Place. and place for a public hearing upon the above named petition.
Alderman Smith moved that the resolution be adopted:
The motion'was seconded by Alderman Hatfield and passed unanimously, whereupon the
Mayor declared the :Resolution adopted.
Resolution
11-61 I RESOLUTION 11-61
WHEREAS, it -appears that the petition of Charles R. Baker and Margaret Baker,
husband and -wife, and Land Investments;'Inc., to abandon that portion of a turn -around
lying west'of a line parallel to and 140 feet equi-distant from'the west line of Lot 1,
Block 1, Greenfield Addition to the City of Fayetteville, Arkansas, together with that
portion of a turn -around lying seat of a line parallel to and 140 feet aqui-distant fro
the east line of Lot 1, Block 29 Greenfield Addition to the City of Fayetteville, Ark-
ansas, was duly filed -with the City Clerk of the City of Fayetteville, Arkansas, on the
25th day of September, 1961; and
WHEREAS, it appears that this is -the next regular' meeting of the City Council
following the filing of said petition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
1. That the -9th day of October, 1961, at 7:30 O'clock P.M., in the Council Room of
the City Administration Building, be and the'same is hereby fixed as the time and place
for hearing upon said petition.
M
01
Ordinance
No. 1274.
20 That tiie'City Clerk of the City of Fayetteville; Arkansas, -be and he -is hereby
directed to give notice of such hearing to -all interested persons by publicetflion'thereo
once a week for"two"(2) consecutive weeks in the Northwest Arkansas Times, a newspaper
published inrWashington Counby,Arkansas, and having a general circulation in the City o
Fayetteville, Arkansas.
3. That the -City Clerk of the -City of Fayetteville, Arkansas, be and he is hereby
directed to eause'an'abstraetor's certificate as'to the record owners of the lots abutt
upon said street'sought to be abandoned , to be attached to said petition prior to the
date set for hearing thereon.
4. That the City Clerk be and he is hereby directed to refer the petition to the
Fayetteville Planning Commission for report and recommendation to the City Council on
the date set for hearing thereon.
PASSED AND APPROVED this 25th day of September, 1961.
APPROVED& 199
OU
The City Attorney introduced and read a proposed ordinance in its entirety entitled,
"AN ORDINANCE ACCEPTING.TERRITORY ANNEXED TO THE CITY -OF FAYETTEVILLE, ARKANSAS, BY ORD
OF THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS; ASSIGNING SAID TERRITORY TO WARDS;
AND FOR OTHER PURPOSES_".
Aldetp
ran Walker moved that the ordinance pas s."TYie motion was seconded by Alderman $hor
and -passed unanimously; whereupon the Mayor declared the Ordinance passed.
Alderinan Walker then moved"that the'emergenoy clause be -adopted. The motion was seconds
by Alderman Burgin and passed unanimously, whereupon the Mayor declared the emergency
clause adopted. "
ORDINANCE N0. 1274
ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS, BY ORDS
THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS; ASSIGNING SAID TERRITORY TO".WARDS;
FOR OTHER PURPOSES.
_WHEREAS, in the general election held in the City of Fayetteville, Arkansas, on
November % 1960, a majority of the qualified electors of -the City of Fayetteville, Ar
ansas, voted to annex certain territory to -the -City of -Fayetteville; Arkansas, and the
City of Fayetteville, -Arkansas, pursuant'to the results of -said election, -filed its
petition -in the'County Court of Washington County; Arkansas, and thereafter on January
1961,"the County Court entered'an Order annexing certain territory to the City of Faye
ville, Arkansas, and thereafter certain remonstrants appealed to the Circuit Court of
Washington County, Arkansas, and
WHEREAS.. after the hearing before the Circult"Cldurt-of-Wishiagton County, -Arkansas.
the Court entered an Order dated Aizgust-23', _ 1961, annexing the following described ter-
ritory to the City of Fayetteville, Arkansas, to -wit:
1 All of Section"3;-Township'16-North-, Range 30 West of the -'5th Principal Meridian
now..embraced in the corporate limits of the City of Fayetteville, Arkansas.
2. All*of the -North -Half of the Northeast Quarter"of Section 109 Township 16 North.,
30 West -of the 5th Principal'Meridian not now incorporated in the City of Fayetteville,
Arkansas.
-3. All of the West Half of the West Half of Section 360 Township 17 North, Range 30
West of the 5th Principal Meridian.
4. All of the West Half of the West Half of Section 25, Township 17 North, Range 30
West of the 5th Principal Meridian.
5.' A part of Section 35, Township 17 North, -Range 30 West of the 5th Principal Merid
described as follows: beginning at the Southeast corner of said Section 35, running the:
west three-fourths of -'a' mile, more or less, to the Southwest corner of the Southeast
Quarter of the Southwest Quarter of said Section 35;'thbnae'no"rth 3630 feet, more or le
to a point"in" line- with the' north line of a road` running"east and west and- known -as App
-Road; thence east along the north line of said Appleby'Road one=fourth of a mile; thene
north 1350 feet; thenee-east 800 feet; thence north 300 feet; more or less, to the nort:
line of said Section 35,'thence east 1840 feet, more"or leas, to the Northeast corner o
said Section 35; thence south one mile, more or less, to the Southeast corner of Sectio:
35, which is the beginning point.
6,'-A part"of Section 26; Township 17 North;'Range *30 West -of ' the 5th Principal Meridi.
described-as'follows: beginning at the Southeast corner of said -Section 26, and running
theiiee'-west one-half of a mile, more -or less; to the Southwest corner of the Southwest
Quarter of'thd Southeast Quarter -of said Section 26; thence north 900 feet; thence east
660 feet, more or less,-to'a'point 660 -feet west of the -center line of U.S. Highway No.
thence north7420 feet, more or less, to the north line of the Southwest Quarter of the
Southeast Quarter of said Section 26; thence east 660 feet, more or less, to the center
line of U: S. Highway No. -'71', thence north`with the center line of U. S. -Highway No. 71
2640 -feet, thence west 660 feet; thence north 1320 feet; more or less; to the north lin
of said Section 26;'thence east 1980' feet, mo're'or'less, to -the' Northeast'corsher of sai
Section 26; thence -south one mile, more or less, to the Southeast corner of said Sectio:
26, which is the beginning point.
7. All of the West Half of the West Half of Section 249 Township 17 North, Range 30
West of the 5th Principal Meridian.
i?
i
TV cable
rates discussed.
Building
-Permit- not
recommended by
Committee
to Majestic
Lounge.)
Building
authorized
Socony Mob
Co.
Authoriz
Bldg. Insp
to study
Street Pla
reference
revising.
Ord.
rezone
Univ
Baptist
1275
Permit
to
1 Oil
for
join
with
to
rsity,
Church.
nee No
1'
Ordinance No. 1274
Be A part of Section 23, Township 17 North, Range 30 West of the 5th Principal
Meridian, described as follows: beginning_at the Southeast corner.of said Section 23 an
running"thence west"1980 feet; more or less, to a point 660 feet west of the center lin
of U. S. Highway"No: 71 thence"north-along.a-line parallel to and 660 feet west of the
center"line"of U;"S� Highway No.771, a distance of 3430 feet, more or less, to the sout
line of a'road known as the- Johnson' Road; thence east along the south line of the said
gohnsori"Road A distance of 640 feet, more or less,'to the west' line of the pavement or
vehicular traveled surface of U. S. Highway No. 71; thence in a northeasterly direction
along the"west line -of the -pavement or vehicular traveled surface of U. S. Highway No.
a distance -of -1900 -feet, more or less,'to the north line of said"Section 23; thence
east --1340 feet,'more'-or less, to'the- Northeast"corner of said"Section 23;. thence south
one mile, more or less, to the Southeast corner of said Section 23, which is the
beginning point.
'9.'Parts'of'-Secti6n6 13 and'24 in Township 17 North, Range 30 West of the 5th Princi
pal Meridian; and parts of -Sections 18 and 19 in Township 17 North, Range 29 West of th
5th Principal Meridiaif;-described-as"-follows: All of the South Half of the Southeast
Quarter of the"Southwest-Quarter of said Section 13; all"bf the South Half of the South
east -Quarter of said Section 13r all of the Northeast-Quarter"of the Southeast Quarter
and_ all -of the Southeast Quarter_of the Northeast Quarter -6f said Section 13; all of th
Southwest Quarter of the Northwest quarter -'and the"Southeast Quarter of the Northwest
Quarter of said Section 18; all"of the Weat Half of the Southwest Quarter of said Secti
18; all of the Northwest -Quarter of the- -Northwest -Quarter of said Section 19; all of th
North'Half of -the Northeast Quarter"of said Section 24 "all of the East Half of the
Northwest Quarter of -said Section 24t -and all of the Southwest Quarter of the Northeast
Quarter of the Northeast Quarter of said Section 24,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
`SECTION 1'. That the annexation of the above described territory to the Corporate
Limits of the City of Fayetteville, Arkansas, be and the same is hereby accepted.
SECTION'2'. That all tracts -of the above described territory lying east of U. S.
Highway No. 71, are hereby assigned to and made a part of Ward Three of the City of
Fayetteville, Arkansas;.and.that all tracts of the above described territory lying west
of U. S. Highway No. 71;'ere hereby assigned to and made a part -of Ward Two of the City
of Fayetteville, Arkansas.
SECTION 3. It -appearing -that residents In, said"above described areas are badly in need
of facilities which the City of Fayetteville,`Arkansas;'1i in a position to -provide, ani
emergency is Hereby declared to exist and this ordinance shall be in full force and effect
from and after its passage and approval.
PASSED AND APPROVED this 25th day of September., 1961.
APPROVED*
.—GUY Be BRO13]jW
Mrs Harold (_Rip) Lindsey appeared before -the Council -in regard to the request of the
Trans=Video-Corporationto raise their monthly rate on TV cables from $3.50 per month
to 4.50 per month:_ _ _
- . . ..
After a lengthy:disoussiori; Alderman Walker moved to refer this to the Finance Committ
for study"and-recommendation.
.... .. .
The motion was seconded by Alderman Christie and passed unanimously.
Alderman McClelland reported that -the -Planning Committee had"recommended that no Build
Permit be grantedto'M"r: Joe Hinton to-remodel.hi6 building at the Majestic Cafe on
the south side -of Dickson".Street and immediately west of the St. Louis & San Francisco
'Railroad Tracks, according to plans as presented to the Building Inspector.
After a long discussion, Alderman McClelland moved that the Building Inspector be
authorized to not issue a Building Permit to Mr. Joe Hinton to remodel the Majestic
Cafe according to plans as presented to the Building Inspector.
The motion -was seconded by Alderman Walker but after a long discus§ion, Alderman
McClelland, with the consent of Alderman Walker, withdrew his motion to permit further
study of this problem.
Alderman"McClelland further reported that the Planning Committee had recommended that
the Socony Mobil Oil Co, be gkanted to remodel their bulk plant located on North Frisco
Avenue (600 Blodk)-according to plana as presented to the Building Inspector.
After a"brief discus"cion, Alderman McClelland moved that the Building Inspector be
authorized to issue a Building Permit to the-Socony Mobil 011 Co. to remodel their bulk
plant located in the 600 Block on North Frisco Avenue according to plans as presented t
the Building Inspector. - -
The motion was seconded by Alderman Walker and passed unanimously.
Alderman McClelland further reported that' the Planning Committee had recommended that
more study be made on the Major Street Plan Resolution with reference to revising a
part of the.Plan:
Aftera long discussion; Alderman McClelland moved to refer the Major Street -Resolution
No. 8-59 to the Building Inspector and Planning Commission for further study as to
revision'of the Major Street Plan, and report back to the Council at a later date.
The motion was seconded by Alderman Smith and passed unanimously.
The City Attorney introduced and read a proposed ordinance in its entirety, entitled,
"AN ORDINANCE AMENDING ZONING ORDINANCE"N0. 1939 AND ZONING DISTRICT MAP OF FAYETTEVILL
ARKANSAS, APPROVED JUNE lit, 1960, TO REZONE THEUNIVERSITY BAPTIST CHURCH PROPERTY ON W
MAPLE AND WEST LAFAYETTE STREETS FROM :R-4 MULTI -FAMILY RESIDENTIAL AND DORMITORY TO P-1.
SPECIAL'CHURCH DISTRICT". -1.-_.._-. -- .... ._. .. m- _ I.
Alderman Burgin moved -that 'the ordinance pass. -The motion was seconded by Alderman Shor
and passed unanimously, whereupon the Mayor declared the Ordinance passed.
ORDINANCE NO. 1275.
AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1239 AND ZONING DISTRICT MAP.OF.FAYETTEVILLE,
ARKANSAS APPROVED. NNE 13 1960, TO REZONE.THE,UNIVERSITY BAPTIST CHURCH PROPERTY ON WEST
MAPLE AO WEST LAFAYETTE S'F=S FROM -R -4, -MULTI -FAMILY RESIDENTIAL AND DORMITORY TO P-lA�
SPECIAL CHURCH DISTRICT.
WHEREAS, a public hearing'was held before the Planning Commission of the City of Fayette-
ville, on September 12, 1961, on the petition of -the -University Baptist Church; requesting
that the'Planning Commission recommend"to the City Council of the City of Fayetteville,
Arkansas, that'the City Council enact an ordinance to -rezone from -R-4 Multi -family resi-
dential and dormitory to P-lA Special Church District, all of the following described real
estate, to -wit:
Lot Numbered Two(2) in'Block-Numbered FoUr (4) in the`County Court•Addition to the City
of Fayetteville, as designated upon the recorded plat of.said addition.
Part of the West Half of the East Half of the -Northwest Quarter of. the Northeast
quarter of Section Sixteen(16),P'Toait9shp'�16)�5ixteenOl�orti;;Eange 30 West; described as
follows: Beginning at a'point_'which is one hundred twenty=six and one=half(1262) feet
South4arid sixteen and five-tenths(165/10)"feet East -'of the Northwest corner of said subdiv-
ision;'said point"being 6i the East side of Vandeventer Street in"the City of Fayetteville,
and running thence South on the East"side of'said street sixty-two and one-half(622) feet;
d
thence East one"hundreforty=eight and five-tenthi (148 5/10)feet, more or less, to the I
Nest line of the University: Baptist Church property (Lot' 2. Block 40 County"Court Addition,
City of Fayetteville), and thence North"sixty-two and one-half (622) feet; thence West one h
hundred forty-eight and five-tenths(148.5) feet, more or less, to the place of beginningl,
said lot -fronting sixty-two and one-half(622)"feet on Vandeventer Street and being further d
designated as a part of"Lot No. 1 of Block No. 5 of the County Court Addition in the City
of Fayetteville, Arkansas, and
WHEREAS,-Notice"of said public"hearing;-setting forth the time, place, and purposes
Df hearing, and; location" of the property sought to be"rezoned was published in the
Northwest Arkansas Times, a newspaper of general circulation in said City, more than
fifteen days prior to said public hearing, and
WHEHEAS, following said public hearing, said Planning Cominissiori certified to the City
,ouncil of the City of Fayetteville, Arkansas, its recommendation that an ordinance be a.
adopted rezoning said above described real estate from R-4 Multi -family Residential and
Dormitory to P-lA Special Church District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
SECTION 1. That the -following described real estate be and the same is hereby rezoned
from .R-4 Multi -Family Residential and Dormitory to P-lA Special Church District, to -wit:
Lot Numbered Two(9)`11n Block Niunbered-Four(4) iii the County Court Addition to the City
of Fayetteville, Arkansas, as designated upon the recorded plat of said addition.
Part - of the West Half of the East Half -of the Northwest QUarter'of the Northeast
Quarter of Sectibh Sixteen(16), Township Sixteen(16) North,`Range 30 West, described as
follows: Beginning at a point -which- is. one'hundred'twenty-six'and one-half(1262) feet
South and sixteen and five=tenths(16.5) feet East of -the Northwest corner of said subdivision
said point tieing on the East side of Vandeventer Street in the City of Fayetteville, and
running thence South on the East"side-of-said street siicty-two and one-half(622) feet;
thence East oris"h#hdred "forty-eight-anis"five-tenths(148.5) feet, rh6re"or less, to toe"West
line of the"University Baptist -Church property (Lot 2, Block'4, County Court Addition,
City`of Fayetteville), and thence North•sixty-two-And one=half(622)feet,--thence West one
hundred forty-eight and five-tenths(148.5) feet, more 'or less, to the place of beginning,
said lot fronting sixty-two and one-half (622) feet on'Vandeventer-Street; and being
further designated as a part-10No. 1, of Block No. 5 of the County Court Addition in
the
City of Fayetteville, Arkansas.
SECTION 2. That all'ordihances or parts of ordinances in -conflict herewith are hereby
repealed; and this ordinance shall be in full force and effect from and after its passage,
approval, and publication.
PASSED AND APPROVED this 25th day of September, 1961.
ATTEST: APPROVED:
, Muff'--
': DAV15pZrl't'ir"L�F7�
Permission
The Building Inspector reported that Mr. Emil Sonneman had requested a permit to rent a
granted
Emil
part of a commercial building l"ocatbd on Gregg Avenue immediately south of Dickson Street,
to
Sonneman
to Univer§ity-Stiidente,'whi6h is in conflict with provisions of Zoning Ordinance No. 1239.
After a long discussion, Alderman Christie moved to authorize the Building Inspector to
to
issue the Aeriiiit to Mr. Sonneman as requested.
portent
bldg.
to
The motion was seconded by Alderman Hatfield and passed unanimously.
Ulof
A
Alderman McClelland then introduced a proposed ordinance which was read by the"City
Students.
Clerk in its entirety entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, PASSED
AND APPROVED JUNE -13t 1960, AND REPEALING ORDINANCE N0. 1255, PASSED AND APPROVED
_
DECEMBER -19t. 19609 AND "REGULATING PLANNING AND ZONING WITHIN THE CITY OF FAYETTEVILLE,
ARKANSAS; REGULATING AND RESTRICTING HOME OCCUPATIONS, BUILDING LOT "REQUIREMENTS, SET -
Noa�
1276.
BACK LINES, INSTALLATION OF SIGNS, EXCEPTIONS TO BUILDING LOT REQUIREMENTS, ALTERATION AND
ENLARGEMENT OF NON -CONFORMING USES, RESIDENTIAL USES IN INDUSTRIAL AND COMMERCIAL DISTRIOTS,
AND PROVIDING THAT IF ANY CLAUSE, SENTENCE, SECTION, PARAGRAPH OR PART OF THIS ORDINANCEI
Amend
SHALL BE HELD INVALID, THAT SUCH INVALIDITY SHALL NOT INVALIDATE THE REMAINDER OF THIS
Zoning
ORDINANCiE AND FOR OTHER PURP03Es""
Ord.
�
After'e long discussion, Alderman Walker moved: that the ordinance pass.
No.
1239.
The motion was seconded by'Alderman Smith and passed unanimously, whereupon the Mayor
declared the ordinance passed.
Alderman Walker then moved that' the einergericy clause be adopted. The motion was seconded
by•Alderman Smith and passed unanimously, whereupon the Mayor declared the emergency
clause adopted.
ORDINANCE N0. 1276
AN ORDINANCE AMENDING ZONING'ORDINANCE N0. 1239, PASSED AND APPROVED JUNE 139 19609 AND
'REPEALING ORDINANCE N0. 1255; PASSED AND APPROVED DECEMBER 19, 1960, AND. REGULATING
PLANNING AND ZONING WITHIN THE CITY OF FAYETTEVILLE# ARKANSAS; REGULATING AND RESTRICTI.
HOME OCCUPATIONS, BUILDING LOT REQUIREMENTS, SET -BACK LINES, INSTALLATION OF SIGNS,
EXCEPTIONS TO BUILDING LOT REQUIREMENTS, ALTERATION AND ENLARGEMENT OF NON -CONFORMING
USES, RESIDENTIAL USES IN INDUSTRIAL AND COMMERCIAL DISTRICTS, AND PROVIDING THAT IF AN'
CLAUSE, SENTENCE, SECTION, PARAGRAPH OR PART OF THIS ORDINANCE SHALL BE HELD INVALID,
THAT SUCH INVALIDITY SHALL NOT INVALIDATE THE REMAINDER OF THIS ORDINANCE; AND FOR OTHE
PURPOSES. .
WHEREAS; publio hearings were held before the Planning Commission of the `'ity of
Fayetteville, Arkansas on August 15 and September 12, 1961, for'the purpose of discussii
certain' amendments and changes to the Zoning Ordinance No.' 1239, Passed and approved
June 13"; 19609 as. -amended by Ordinance No. 1255, passed and approved December 19, 1960,
and a:d
WHEREAS, notices of said public hearings, setting forth the dates, times, places,
and purposes of said hearings; and location of property were published in the Northwest
Arkansas Times, a newspaper of general circulation in said City, more than 15 days prio:
to said public hearings, and
WHEREAS, -following said public hearings, said"Planning Commission certified to the
City Council of the City of Fayetteville, Arkansas, its recommendation that an ordinance
be adopted making the changes and amendments as hereinafter set out.
NOW, THEREFORE, -BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
SECTION 1.That'Ordinance No. 12552'dated December 199 1960, amending Ordinance No.
1239, dated June 13, 19609 be and the same is hereby repealed.
SECTION -2: That Ordinance No. 1239; dated June 13, 1960s, be and -the same is hereby
amended as provided in the following Sections, Numbered 3 through 140 Inclusive.
SECTION 3. That Article 11, Definitions, item 13 Home Occupations, be and the sax
is hereby amended by adding the fo ow ng paragraphs, to -wit:
However,"work of'e professional"or business character, such as that of a lawyer,
salesman; doctor; architect"or clergyman, which"is performed at irregular hours or
for, temporary periods of time 'within the home and is incidental to the occupation
nbrmally-carried"on-elsewhere, for the purpose of this ordinance shall not be
reggrded as a home occupation.
"SECTION 4,' -That -the Minimum Depth Requirements for rear yard -(exclusive of alley)
set out in subparagraph d, Building Lot Requirements, paragraph 4,(Area and Bulk Regula•
tions), Section 1, R-lA ffingle Family -Residential District, Article V. be and the same
is hereby amended by the following change, to -wit:
Minimum depth of rear yard (exclusive of alley) =--------------- 30 feet.
SECTION 5. That subparagraph 0.'Home Occupations,' paragraph 1, Uses Permitted,
Section 3,:R-2 Two Family'.Aesidential District, Article V, be and the same is hereby
amended to read as follows, to -wit:
c.Home Occupations=-"The,offiee or*studio of a person of a recognized profession, su<
as ,Op
o s p ysician, lawyer, real estate broker, architect or teacher, when
located within"his dwelling;" -but hot -of barbers; beauticians, vererinary surgeons,
or offices of medical --clinics or catering services; 'the keeping of no more than tw<
(2) roomers or boarders by a "resident family; provided"that no persons other than
members of the household are employed in such occupations, that not more than
twenty-five(25) per -cent of the total floor area in any dwellingg is devoted to suci
use', and that only one -sigh or window display not exceeding.one(1) square foot in
area is used showing name and occupation.
However, in case a home -occupation is proposed forproperty which is located on a
lot or a street -that abuts an R-lA or R -1B Single X- ily'Residential District,
such use is permissible on review by the Board of AdJustment.
SECTION 6': That --the Minimum Depth Requirements for rear yard (exclusive of alley)
set out in -subparagraph d, Building Lot -Requirements, -paragraph 4 (Area and Bulk Regula•
tions),'Seotion 3,.R-2, Two Family -Residential District, Article V, be and the same is
hereby amended by the following change, to -wit:
Minimum depth of rear yard (exclusive of alley) --------------- 25 feet.
-SECTION'7. That subparagraph d, Home Occupations, 'paragraph•1, Uses Permitted,
Section 4; R-3 Multi -Family Residential District, Article V. be and the same is hereby
amended to read as follows, to -wit:
d. Home Occu ations-= any home occupation permitted -in R-2 Two Family Residential
Vi sz c ; cus omary home occupations including that of barber, beautician, dress•
maker;- launderer and -similar occupations; the keeping of roomers and boarders;
provided'that`no'pera ons other -than members'of the household are employed in
such occupations, that not more'then twenty=five'(25) per cent of the total f1003
area-in-ahy dwelling unit'is devoted to such use, 4and that only one sign or
window'display'not exceeding one (1) square foot in area be used showing name
and occupation.
However; in case a home occupation is proposed -for property which is located on e
lot'or"a street that abuts an.R=1A or.R-1B-Single Family Residential District,
such use is permissible on review by the Board of Adjustment.
�:I
92
SECTION 8: That subparagraphs a and b, paragraph 4. Area and Bulk loegulations,
Section 6, C=1, Neighborhood Commercial DTstricts Article V. be and the same are hereby
amended as follows, to -wit:
a. Set=tiaek lines; front=- there shall be a minimum. front yard of fifteen (15) fee
for ail pr nc pa structures except where -the district abuts or adjoins a residential
district within the same blook'6h the same side of the street,. in- which case the setbac'
line shall conform to"the minimum residential setback within the same block, -but in no
event shall it be less than fifteen (15) feet from the existing property line.
However, if the Major Street Plan proposes an increase in right-of-way width which
exceeds fifteen (15) feet, the setback shall be sufficient to meet the requirements of
the Set=baok'Ordifiance, If -parking is peitinitted in front of the building, the setback
shall be'no"less than forty (40) feet from'the front line of the property as governed b:
the requirements of the Set -back Ordinance.
ti. SideJand rearyaardds�-- no side yards are required except ten(10)'feet when
property-'ls cont1guous to a residential district or if the side yard is on an intersect
street.
However, --if the'Major Street Plan proposes an increase in right-of-way width for t:
intersecting street which exceeds ten (l0)'feet; the setbaok-shall be sufficient to mee
the requirements`of�the Set -back Ordinance. If parking is permitted on the side yard of
An-inter'secting street; the setback shall be no less than forty (40) feet from the inte.
secting street property line.as governed by the requirements of the Set -back Ordinance.
No structure shall be placed closer than ten(10) feet of the rear property line,
exclusive of an alley.
OSECTION 9.4That subparagraph d, paragraph 1, Uses Permitted,'Seetion 7, C-2
Thoroughfare Commercial District;'Xrticle V of. Ordinance No. 1239, be and the same is
hereby amended to read as follows, to -wit:
d. __S__i��nns� -- each business'establiekiment may install"outdoor advertising signs and
sign paneTe aggregating not over 450 square feet of sign area, provided:
(1) Floor-lightsyor sign lights are arranged so as to reflect light away from
adjoining residential properties.
(2) No more than 300 square feet sign area is provided for each fifty (50) feet
of frontage..
(3) No sign is placed within ten (10) feet of a residential district.
SECTION -10. Tliat subparagraph'b; paragraph 4, Area and Bulk -Regulations, Section 7
C=2 Thoroughfare Commercial'-Distri6T; Article V of Ordinance No. 1239, be and the same
is hereby amended to read as follows, to -wit:
b: Side and Rear -Yard -- No aide yards are required, except ten)10) feet if the
property is con guous o a residential district or if the side yard is on an intersect
streets However, if the Major Street Plan proposes an increase in -the right-of-way wid
for'the intersecting street which exceeds ten '(10)*feet, the setback shall be sufficien
to meet the requirements of the Set -Back Ordinance. If parking is permitted on the side
yard of an intersecting street; the setback shall be no -less than forty (40) feet from
the inter§acting street property. line' as- governed--bp'the requirements of the Setback
Ordinance. No structure shall'be placed closer than ten (10)"feet of the rear property
line, exclusive of 'alley. In"case a building exceeds three (3) stories in height, two
feet of'side aiid rear yards shall be required in addition to the above setbacks,for eae
additional story in height.
SECTION 11. That Section 1, Lot of -Record Prior to Adoption of Ordinance, Article
Exceptions and Modifications, be and the same is hereby amended to read as follows,
to -wit:
Section 1. Lot of Record prior to Adoption of Ordinance
Any vacant lot(lot without a principal building or 6 lot on which.the-structures
have been removed or have been more than 75,% damaged or destroyed,.as determined by the
Building Inspector) which is located in'a residential district within the' City and whic:
was platted_or recorded prior.. to the adoption of Ordinance No. 1239 (prior to June 13,1
may be used as a building site for a new single-family structure; and remodeling of, or
additions to, existing single-family structures maybe permitted, provided the side yar
as'defined in Article LT, nuib ered'paragraph-289`shall have a`setback of no less than
five(5) feet,and that other requirements of the Boning district are met.
" SECTION T2.-Thet'Sectioh 2, Front Y4rds,'Arti6le VI,'Exceptions and Modifications,
be and the same is hereby amended to read as follows, to -wit:
Section 2. Exceptions to Front Yard Residential Requirements
The front yard requirements of this Ordinance for residential uses shall not apply
to any lot where the adjoining developed lots with princigsal buildings are within one
hundred (100) feet of thbhlotsand-afe within the same block and zoning district, are
fronting ori'the same side of the street and where the average depth of the front yards of
such lots is either less or more than the minimum required front yard depth.
' Iri cases where the front setbacks of existing residences located within one hundred
(100).feet on either side of the lot'to"be developed or improved are - less - than twenty-
five (25) feet; the mimimum front yard'setback of the"resideneb to be erected or remodeled
ghall'be'the.average of the e;iristing front yard depths of the adjacent developed lots
with residential buildings.
J. In cases where the front setbacks of existing residences located within one hundred
(100) feet on either side of the lot toIbe developed 6r -improved are more than twenty-filve
(25).feet,"the minimum front yard setback of the residence to be erected or remodeled
shall be twenty-five (25) feet.
93
Ordinance No. 1276 (Continued)
SECTION 13, That Section 4,"Remodeling and Alterations of Dwellings in Industrial and
Commercial -Districts; Article VI, Exceptions and Modifications, be and the same is
hereby amended to read as follows, to -wit:
Section 4. Alteration and Enlargement of Non -Conforming Uses.
'A"non-conforining'structure may be altered, enlarged, extended or reconstructed
under the following conditions:
1. Anon -conforming structure, dame ed, by weathe_" r,fire; explosion, and act of
"God; br'by a,piiblic enemy to tent of less than seventy-five (75%) per c
of its -value, as determined by the Building Inspector, may be repaired and
rehabilitated provided that:
(a) The structure or structures retain their original shape, size, and location on
the lot;
b) The structure or structures are used and occupied by the same or no more than
the"number of occupants or business establishments accommodated prior to the
damage. _. .
(c) The use -'of the' structure or"structures- shall hot'be changed from that prior to
the damage unless ohanged`to-ah equal or a higher (more restricted) use, as
determined by the Building Inspector.
2. A non -conforming structure may be enlarged or altered, provided that:
(a) Thb owner'of such non -conforming structure obtains and files with the Buildin,
Inspector the written'coinsent'-of the owners or of the duly authorized agents
of'such owners;`owning at least seventy-five (75%) per cent of the street
frontage of -those parcels of property which are within the City and all or
part of -which -'are Within three'hund"red (300) feet of the lot on .which the
non=conforming structure is located.
(b) The"iitimber of dwelling units' or business establishments in the non -conforming
structure remains the same as they were before enlargement or alteration took
place.
(c) The type of occupancy or business establishments in the non -conforming struc-
ture -remains the same as before enlargement or alteration, unless changed to
an equal or a higher (more restricted) use, as determined by the Building
Inspector.
(d) The minimum setbacks of non -conforming business establishments after enlarge-
ment or alteration are:
Side or rear property'line---------- --- 10 feet.
However, if the Major Street Plan proposes an increase in right-of-way
width for -an intersectiri
g.street'.whicH" exceeds ten -'(10 feet, the setback
shall be sufficient to meet the requirements of the Set -Back Ordinance.
Front property line ==---==--=-=--- 15 feet from the front property line as
determined by the requirements of the Set -back Ordinance.
If the existing non=conforming structure is more than forty (40) feet from tl
front property line, no'enlargement or additions shall be closer than the
average depth of the front yards of existing dwellings located within one
hundred (100) feet of the lot and -located within the -same block and fronting
on -the same'dide'of the street, but shall not be 'less than fifteen (15) feet
from front property line as determined by the requirements of the Set -back
Ordinance.
(e) The minimM setback of other non -conforming uses after enlargement or alterat
are:
Side property line ------------------------- 10 feet
However, if the Major Street Plan proposes an increase in right-of-way width
for ah intersecting street which exceeds ten (10) feet, the setback shall be
sufficient to meet the requirements of the Set -back Ordinance.
Rear Property bine------------------------------------- 20 feet:
Front'property line -='-- ----=---==---=-=- 25 feet", from the
front"property line as determined by the requirements of the Set -back
Ordinance.
(f) Off-street parking space shall"be provided, pursuant to Article IV, Section 7
Off=Street Parking.Requirements, after enlargement of alteration. If, however
in the opinion of the Building Inspector; the parking space on the street or
on the lot of a non=conforming business structure is ample and will not con-
stitute a public hazards the off-street parking requirements set forth in
Article VI, Section 7, may be waived.
SECTION'14.-That.Article VI, Exceptions and Modifications of Ordinance No. 1239, dated
June 13, 1960, be' and the same is hereby amended y a ng Section 7, to read as follow
Section 7. Residential Uses in Industrial and Commercial Districts
•Iii"I-lA and I=1B Light Industrial Districts; LI -2 Heavy Industrial District
and In C=2 Thoroughfare Commercial District, single-family and duplex family
dwellings may be constructed on lots-that"front on open and improved dedicat
streets provided such construction conforms to the"area and setback require-
ments of the R-3 Multi -Family Residential District.
Lon I
M
94
SECTION 15. If any section_, clause, provision or part of -this ordinance shall be he
.nvalid or unebristitutional by any couit'of competent jurisdiction, suoh'section, clause
irovision or part shall be deemed severable and separable, and the remainder of this ord
Lnance shall be and remain in full force and effect.
-SECTION 16. All -ordinances or parts of ordinances in confliet"herewith shall be and
:he same are hereby repealed,'arid'this ordinance being'neoessaryfor the preservation of
:he public peace, healtH;'comfort;-convenience; iriorals, safety$ and welfare' -of the City
if Fayetteville.. Arkansas, an emergency is hereby declared'to exist and this ordinance
;hall be in full force"and effect from and after its passage, approval, and publication.
PASSED AND APPROVED this 25th day of September, 1961,
APPROVED*
UUX0'Nri1�48ii�
ATTEST:
Deed for GEO A S, 'TY CLERK
at1purpose Alderman McClelland presented a Deed for Street -Purposes from J. Austin Parish and
presented Ethel -R. Parish, -husband and wife, said property being-located"in the vicinity of the
and action proposed shopping center at the intersection of Garland Avenue, North Street, and the
deferred - -1-
Mt. Coinfort"Road:'�(T is'was not on the Agend-a for this meeting)
because it
, After Along discussion, Alderman Thomas moved to defer action on this until the next
w1.as not on meeting.- ...
a enda.
g The motion was'Naeconded by Alderimari Burgin"and upon rolI'csll the following vote was
reeordedt ° " Walker, Christie, Hatfield, and McClelland.
" " Thomas, Burgin, -Smith, and Short."
There being Four Ayes" and Four "Nays", -the vote resulted in a tie and tt.ebeeame the
duty of"the"Mayor to cast his vote to decide the" issue.
The Mayor voted,_"Aye",thereby 'resulting iii five votes to defer action until the next
meeting of the Council and Four voting to take action that night.'
The Mayor dedlared that action would be taken at the next meeting.
Appoint The•Mayor reported that Mr. Clay Yoe had resigned from the'Planning Commission and he
Bill recommended that 'the Council appoint Mr. -Bill Dalton to this vacancy.
Dalton Alderman Burgin moved to accept the "recommendation of"the Mayor and appoint Mr. Bill
Planning 4 Dalton as a imember"of"the -Planning 'Commission vice Mr.- Clay Yoe.
Commission. The motion was seconded by Alderman Short and passed unanimously.
Home Alderman Christie then moved to refer the "Home' -Occupations Clause" in the amended
Occupations Zoning Ordinance No: 1276 to the Plannifig Commission for further study and recommendation.
won
clause The motion as seconded by Alderman Burgin and passed unanimously.
referred _ .. -.. _ .. -
to There -being no further' busi ne s 6, Alderman Short moved to adjourn: The motion was seconded
Plan. by Alderman Smith and passed unanimously, whereupon the Mayor .declared the meeting
Cam. adjourned.
APPROVED :
ATTEST: -GUY Er w-ro� BROWN, R
2&a4
The City Council of Fayetteville, Arkansas, met in regular session on Monday, October
1961, at 7:30 P. M. '
Presentt Mayor Guy�E; Brown, City Clerk George J..Davis, City Attorney Bass Trumbo,
City Engineer W. C. Smith,•Chief of Police -Pearl Watts, Fire Chief Burl Skelton, and
Aldermen: Walker, Christie,'Hatfield,•Thomas, Burgin; Smith.' and Short.
Absent; Alderman J. E. McClelland and City Controller Albert J. Jones.
The minutes of the regular meeting on Monday, September 25, 1961, a copy of which had
been mailed to each of the Aldermen, were approved.
ed for The City Clerk preserited'a Deed for Street Purposes from J. Austin Parish and Ethel R.
eet Parish, husband and wife, for a street extending south from Holly Street located in the
poses Northwest part of'the City,__- - .-
Austin Alderman Burgin moved to accept the deed and authorize the City Clerk to have the deed
ish recorded -in the"Circuit Clerk's Office.
opted. The motion was seconded by Alderman Smith and passed unanimously.
The Mayor reported that -this -was the time and place set for a public hearing on the
Public petition of Charles -R. Baker and -Margaret- Baker, husband and wife, and of the Land
hearing Investment Co. requesting the City to abandon certain portions of a turn -around located
on petition at the north -end of Vista Place,
to vacate The City Clerk reported that notice of the public hearing had been published once a wee
turn -around for two -consecutive weeks in the Northwest Arkansas Times, a newspaper published in
onlVista Washington County Arkansas -and having a general circulation within the City of Fayettev
Place. Arkansas, and that'he had caused a O'ertificate of Title showing the owners of record of
the property-involved.--
The
roperty-involved.__The City Clerk then read the minutes of the Planning Commission recommending to the Cit
Council that the turn=around at'the north end of Vista Place in the Greenfield Addition
be eliminated when the county road is opened and improved in accordance with the City's
MinimumThere-
Street'Standards. were no objections to abandoningthe turn -around.
After a brief discussion and'upon-the recommendation of the petitioners Attorney A. D.
McAllister, Jr., Alderman Thomas moved to table this petition until the county road is
opened. ..
The motion was seconded by Alderman Hatfield and passed unanimously.
Building The City Building Inspector reported that a Mr. Ed McCormick had requested a building
Permit off permit for constructing a building "off James Street but her.couldenot issue the permit
James St. because it would be on an taunamed street o*'
he reported that the Planning Commiss.
recommended that's, permit bed sa ued to Mr. McCormick to build on his lot provided Jame
Street be extended to the west end of the lot and that Mr. McCormick either (1) by exec -
and delivery, dedicate a fifty -foot street (satisfactory to the City Engineer) and with
turn -around to the City, or (2) file a preliminary plat.
ion
.A