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HomeMy WebLinkAbout1963-02-25 Minutes200 on Alderman Wheeler reported that bids had been received and opened for a pick-up truck for the Water of Department and he rdported that the Water and Sewer Committee had recommended the purchase of the for pick-up from Lewis Ford Sales at a cost of $2,5666.30 less a trade-in allowand for old truck of pt. $1067.89 or a net cost to the city$1498.41. Alderman Wheeler moved to accept the recommendation of the Water and Sewer Committee and purchase the Ford truck as outlined above. The motion was seconded by Alderman Hefflin and passed unanimoully: Adlerman Wheeler moved that the city construct a sewer main along Laverne Street .to serve nine existing ,tze houses according to'plans to be approved by the City Engineer. main The motion was seconded by Alderman Thomas and passed unanimously. There being no further business Alderman Hefflin moved to adjourn. The motion was seconded by Alderman Short and passed unanimously•whereupon the Mayor declared the _meeting adjourned. - APPROVED ATTEST: GUY E.vBROWN, MAYOR FORGE VIS, CITY CLERK The City Council of Fayetteville', Arkansas, met in regular session on Monday, February 25, 19639 at 7:30 Present: Mayor Guy E; Brown, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney Bass Trumbo, City Engineer W. C. Smith, thief of Police Hollis Spencer, Fire Chief Burl Skelton, and Aldermen: Heflin,.Christie, Watson, Wheeler, Thomas, Burgin, Faucette, and Short. Absent: None. The minutes of the regular meeting on Monday, February 11, 1963, a copy of which had previously been to each of the Aldermen, were approved as written. c The Payor reported that this was the date, time, and place set for a public hearing on a petition of g of Ira Hammond and Ruth Hammond, husband and wife, to vacate and abandon a street in the Hammond Addition. Add. The City Clerk reported that a notice of the public hearing had been published in the Northwest Arkansas Times, a newspaper published in Washington County Arkansas, and having a general circulation within the City of Fayetteville, Arkansas, dnce a week for two consecutive weeks and that an Abstractor's Certifica of Ownership, showing the owners of record of the property abutting upon said street had been attached t the petition prior to the date set for the public hearing. The Mayor asked if there was anyone who objected to the vacating and abandoning of said street. There be no objections, the City Attorney introduced a proposed ordinance and at the request of the Council read the proposed ordinance in its entirety entitled, "AN ORDINANCE VACATING AND ABANDONING ROSELAWN STREET I HAMMOND'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". Alderman Heflin then moved that the ordinance pass. The motion was seconded by Alderman Burgin and passe unanimously, whereupon the Mayor declared the Ordinance passed. ORDINANCE NO. 1335 Ord, No. AN ORDINANCE VACATING AND ABANDONING ROSELA14N STREET LYING IN HAYMOND'S ADDITION TO THE CITY OF 1335 FAYETTEVILLE, ARKANSAS WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville, Arkansas, on the 11th day of February, 1963, asking the City Council to vacate and abandon all that portion of the street designated as follows: Roselawn Street lying in Hammond's Addition to the City of Fayetteville, Arkansa which is bounded to the North by Holly Street, on the East by Woolsey Street, and on the West by Shady Street. WHEREAS, after due notices as required by law, the City Council has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertined that the portion" of the street hereinabove described has heretofore been dedicated to the public use as a street; has not been actually used by the public generally for a period of at least five (5) years subsequent to the filing of the plat; that all of the owners of the property abutting on the portion of said street sought to be vacated have filed with the City Council their.written consent to said abandonment; and that public interest and welfare will not be adversely affected by the abandonment of said street. NOW THEREFORE, BETIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. The City of Fayetteville, Arkansas, hereby releases, vacates, and abandons all its rights,' together with the rights of the public igenerally, in, and to the street designated as follows: Roselawn Street lying in Hammond's Addition to the City of Fayetteville, Arkansas, which is bounded to the North by Holly.Street, on tl,e East by Woolsey Street, and on the West by Shady Street, reserving unto siid City of Fayetteville, Arkansas, its successors and assigns, an easement or right-of-way on, over, under and,across the said street hereby vatted for the purpose of constructing, installing, laying, and reLaying,•�relocating and maintaining all public utilities now locatdd, or which may hereafter be located; upon.said;vacated-street by said City or any corporation having a franchise or right-of-way from said City, without reoourse by the owner, owners, or occupants for damages incurred by the construction or maintenance of said utilities. SECTION 2. A copy of the Ordinance dulyycertified by the City Clerk shall.be filed in the office of the Recordee of the County and recorded in the Deed Records of the County. Id SECTION 3. This Ordinance. shall be in force and effect from and after its passage, approval, and publication. PASSED AND AFPROVED THIS 25th-day'of February., 1963. ATTEST: APPROVED: FORGE Jr DAVIS, CITY CLERK GUY E. MUOWN2 MAYOR w BIDS ON PICK-UP Lewis Ford Sales Ford 3/4 ton'pick-up 2,566.30 less 1067.89 or net 1498.41 Green Chevrolet Chevrolet 3/4 ton 2693.40 less 9900.40 or net 1793.00 Whitfield Motor Co. G M C V-6 pick-up 2776.28 less 1026.28 or net 1750.00 Phillips Motor Co. Int. V-8 3/4 ton 1943.48 less 500.00 or net 1434.48 Adlerman Wheeler moved that the city construct a sewer main along Laverne Street .to serve nine existing ,tze houses according to'plans to be approved by the City Engineer. main The motion was seconded by Alderman Thomas and passed unanimously. There being no further business Alderman Hefflin moved to adjourn. The motion was seconded by Alderman Short and passed unanimously•whereupon the Mayor declared the _meeting adjourned. - APPROVED ATTEST: GUY E.vBROWN, MAYOR FORGE VIS, CITY CLERK The City Council of Fayetteville', Arkansas, met in regular session on Monday, February 25, 19639 at 7:30 Present: Mayor Guy E; Brown, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney Bass Trumbo, City Engineer W. C. Smith, thief of Police Hollis Spencer, Fire Chief Burl Skelton, and Aldermen: Heflin,.Christie, Watson, Wheeler, Thomas, Burgin, Faucette, and Short. Absent: None. The minutes of the regular meeting on Monday, February 11, 1963, a copy of which had previously been to each of the Aldermen, were approved as written. c The Payor reported that this was the date, time, and place set for a public hearing on a petition of g of Ira Hammond and Ruth Hammond, husband and wife, to vacate and abandon a street in the Hammond Addition. Add. The City Clerk reported that a notice of the public hearing had been published in the Northwest Arkansas Times, a newspaper published in Washington County Arkansas, and having a general circulation within the City of Fayetteville, Arkansas, dnce a week for two consecutive weeks and that an Abstractor's Certifica of Ownership, showing the owners of record of the property abutting upon said street had been attached t the petition prior to the date set for the public hearing. The Mayor asked if there was anyone who objected to the vacating and abandoning of said street. There be no objections, the City Attorney introduced a proposed ordinance and at the request of the Council read the proposed ordinance in its entirety entitled, "AN ORDINANCE VACATING AND ABANDONING ROSELAWN STREET I HAMMOND'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". Alderman Heflin then moved that the ordinance pass. The motion was seconded by Alderman Burgin and passe unanimously, whereupon the Mayor declared the Ordinance passed. ORDINANCE NO. 1335 Ord, No. AN ORDINANCE VACATING AND ABANDONING ROSELA14N STREET LYING IN HAYMOND'S ADDITION TO THE CITY OF 1335 FAYETTEVILLE, ARKANSAS WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville, Arkansas, on the 11th day of February, 1963, asking the City Council to vacate and abandon all that portion of the street designated as follows: Roselawn Street lying in Hammond's Addition to the City of Fayetteville, Arkansa which is bounded to the North by Holly Street, on the East by Woolsey Street, and on the West by Shady Street. WHEREAS, after due notices as required by law, the City Council has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertined that the portion" of the street hereinabove described has heretofore been dedicated to the public use as a street; has not been actually used by the public generally for a period of at least five (5) years subsequent to the filing of the plat; that all of the owners of the property abutting on the portion of said street sought to be vacated have filed with the City Council their.written consent to said abandonment; and that public interest and welfare will not be adversely affected by the abandonment of said street. NOW THEREFORE, BETIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. The City of Fayetteville, Arkansas, hereby releases, vacates, and abandons all its rights,' together with the rights of the public igenerally, in, and to the street designated as follows: Roselawn Street lying in Hammond's Addition to the City of Fayetteville, Arkansas, which is bounded to the North by Holly.Street, on tl,e East by Woolsey Street, and on the West by Shady Street, reserving unto siid City of Fayetteville, Arkansas, its successors and assigns, an easement or right-of-way on, over, under and,across the said street hereby vatted for the purpose of constructing, installing, laying, and reLaying,•�relocating and maintaining all public utilities now locatdd, or which may hereafter be located; upon.said;vacated-street by said City or any corporation having a franchise or right-of-way from said City, without reoourse by the owner, owners, or occupants for damages incurred by the construction or maintenance of said utilities. SECTION 2. A copy of the Ordinance dulyycertified by the City Clerk shall.be filed in the office of the Recordee of the County and recorded in the Deed Records of the County. Id SECTION 3. This Ordinance. shall be in force and effect from and after its passage, approval, and publication. PASSED AND AFPROVED THIS 25th-day'of February., 1963. ATTEST: APPROVED: FORGE Jr DAVIS, CITY CLERK GUY E. MUOWN2 MAYOR w 2011 Building Inspector presented a revised plat of Hammond Addition which had been approved by Planning Commission. He also reported a subdivider's contrabt on the Streets' of this .revised plat was not necessary. The City Attorney introduced:` a proposed ordinance and at the request of the Council he read in its ntirety entitled "AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEY$, AND ASEMENTS IN THE REVISED PLAT OF PART OF HAWOND ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS" lderman Short then moved that the Ordinance pass. he motion was seconded by Alderman Burgin and passed unanimomly, whereupon the Mayor declared the rdinance passed. ORDINANCE N0. 1336 AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OE ALL STREETS, ALLEYS, AND EASEMENTS,IN THE REVISED (PLAT OF PART OF HAMMOND ADDITION TO THE CITY OF EAYETTEVILLE, ARKANSAS Ord, No. 1336 11HEREAS,there has been duly presented to the City Council of the City of Fayetteville, Arkansas, a. Hammondlat dated November, 1962, known as the Revised Plat of Part of Hammond Addition to the City of Fayettevi rkansas, and being a part of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NE 1/4) of Section 9, Township 16 North, Range 30 West of the Fifth Principal Meridian, by which the owners of the platted real estate have dedicated for the public use the streets, alleys, and easements shown upon said plat; REAS, the City Planning Commission of the City of Fayetteville, Arkansas, has recommended the the said plat. THEREFORE, BE IT ORDAINED BY THE CITE COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: TION11. That the City of Fayetteville, Arkansas, hereby accepts and confirms the dedication of all eets, alleys, and easements, dddicated in the Revised Plat of Part 'of Hammond Addition to the City Fayetteville, Arkansas, and hereby declares said streets, alleys, and easements, to be public streets, eys, and easements, and the said City Council hereo assumes the Care, control, and jurisdiction of same. 2. That this Ordinance shall be in force and effect from and after its passage, approval, and PASSED AND APPROVED this 25th day of February, 1963. ATTEST: APPROVED: GEORGE (J o tArVIS, CITY CLERK GUY E. ROWN, MAYOR The City Clerk read a Resolution from the Planning Commission which was spread of record4nd the minutes and'reads as follows: RESOLUTION PC 3-63 (WHEREAS, on January 3, 1963, a public hearing was held by the Planning Commission on the _rezoning petition of Arcade Real Estate Corporation (Tom Comleyf and J. W. Eoff)at which time no formal A.anlntion !recommendation was made; and AS, at a regular meeting of the Planning Commission held January 15, 1963, after again hearing of those concerned with the petition for rezoning, the Planning Commission voted to make a recom- tion to the City Council in which certain requirements are to be met by the petitioners; and AS, the covenants in which are contained restrictions requested by the Planning Commission were tted and approved by the Planning Commission at its Oeeting on February 18, 1963; , THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF FAYETTEVILLE, ARKANSAS: ECTION 1. That in connection with the petition of Arcade Real Estate Corporation (Tom Comley . W. Eoff)for rezoning land between Garland Avenue and Leverett Avenue and notth of Bel Air A res obdivision (as per sketbh plat attached hereto) the Planning Commission recommends that the petition e denied at; to the part of the area shown and labelled "Tract Nol 1" on the sketch plat so that this rea will remain zoned R -1B; SECTION 2. That the part of the area shown and labelled "Tract No. 2" on the sketch plat not be rezoned to R-4 as petition, but be rezoned to R-3 conditioned on and not to be effective until the attached covenants are reco d and are attached to -and made a part of the rezoning ordinance. PASSED AND APPROVED THIS 18th day of February, 1963 APPROVED: (S) J. F. PALMER J. F. PALMER, CHAIRMAN The City Building Inspector presented the petition of the Arcade Real Estate Corporation to rezone certain property located between Leverett Avenue and Garland Avenue and North of Bel Air Acres Subdi After a very long discussion, the City Attorney read a proposed ordinance in its entirety entitled "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1123;5( AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, AR APPROVED, MAY 28, 1962 TO REZONE CERTAIN REAL ESTATE FROM R-113 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-3 MULTI -FAMILY RESIDENTIAL DISTRICT' Alderman Burgin moved that the ordinance pass. Phe motion was seconded by Alderman Heflin and passed unanimously, whereupon the Mayor declared the ordinance passed. ORDINANCE NO, 1337 ORDINANCE AMENDING -ZONING ORDINANCE NO. 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS ROVED, MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM R -1B SINGLE-FAMILY RESIDENTIAL DISTRICT TO MULTI -FAMILY RESIDENTIAL DISTRICT. NR. 7 9 Ord. No 1337 WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas on January 3, 1963, on the petition of Tom Conley and J. W. Eoff, requesting that said Planning Commission recommend to the City Council of the City of Fayetteville, Arkansas, that said City Council enatteadibgdi$aneeet:bau*1ffg,thakfo33ovifigadescribed property, to -wit; TRACT, ;, described as being a part of the Southwest Quarter of the Southwest Quarter of Section 4, Township 16 North, Range 30 West, and more particularly described as follows: Beginning at a point 657 feet North of the Southwest corner of the above described 40 -acre tract, and running thence North 330 feet; then East 921.41 feet; thence South 37 feet; thence East 400 feet; thenad South 293 feet thence West 1,321.41 'feet to the point of beginning, from R -1B Single -Family Residential District to R-2 Two -Family Residential District; and the following described property, to wit; TRACT 2, described as being a part of the Southwest Quarter of the Southwest Quarter of Section 4, Township 16 North, Range 30 West, and more particularly described as follows: Beginning at a point 987 feet North of the Southwest corner of the above described 40 -acre tract, and running thence North 333 feet; thence East 1,321.41 feet; thence South 150 feet; thence West .400 feet; thence South 183 feet; thence West 921.41 feet to the point of beginning, from R -1B Single -Family Residential District to R-4 Multi -Family Residential and Dormitory District, and WHEREAS, notice of said public hearing, setting for the date, time, place, and purposes of hearing, and location of property was published in the Northwest Arkansas Times, a newspaper of general circulation in said City more than 15 days prior to said public hearing, and WHEREAS, following said public hearing, said Planning Commission certified to the City Council of the City of Fayetteville, Arkansas, its recommendations that the property described in TRACT 1 remain zoned R -IB single-family residential, and that an ordinance be adopted rezoning the property described in TRACT 2 from R -1B Single -Family Residential District to R-3 Multi -Family Residential District, with the condition that restrictive covenants outlined in the minutes of the planning commission of the City of Fayetteville. Arkansas, held on January 15, 1963, and on file with the City Building Inspector, be filed and recorded with the Circuit Clerk of Washington County, Arkansas, and WHEREAS, the petitioners have agreed to file and record the above mentioned restrictive covenants. NOW, THEREFORE, BE. IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the property described in TRACT 20 which is presently zoned R -1B SingleaFamily Residential District. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall be in full force and effect from and after itspassage, approval, publication, and upon prodf.that the above mentioned restrictive covenants have been properly filed and recorded, with the property described in said covenants by metes and bounds as illustrated in this ordinance. PASSED AND APPROVED�TFISS �� DAY OF February, 1963. ;�r�ATTEST: �' SYr*�r APPROVED: GEORGE IS, CITY CLERK GUY E. B , MAYOR �o . Watkinalderman Christie Moved that, since, Mr. W. P. (Pat) Watkins has fulfilled the minimum requirements of filled the Subdivision Regulations in Elmwood Addition to the City of Fayetteville, he be released from his A rementsSubdividor's `'ontract and that the City Clerk be and he is hereby authorized and directed to release same in the Records of the Circuit Clerk of Washington County. The motion was seconded by Alderman Short and passed unanimously. The City Attorney introduced and at the request of the Council read a proposed ordinance in its entirtty lentitled"AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239 AND REVISED ZONING DISTRICT MAF OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM R -1B SINGLE-FAMILY RESIDENTIAL (DISTRICT TO R -P PROFESSIONAL OFFICE RESIDENTIAL DISTRICT" assed Alderman Faucette them moved that the ordinance pass. rd. No. The motion was seconded by Alderman Wheeler and upon roll call the following vote was recorded: 1338 "Aye" Heflin, Watson, Wheeler, Thomas, Burgin, Faucette, and Short. "Nay" Christie:. (There being seven "Ayes" and one"'Nay", the Mayor declared that the Ordinance failed to pass for lack of a unanimous vote which was required. AlII derman Faucette then moved that the rule be susperRd and that the Ordinance be placed on the second dreading. The motion was seconded by Alderman Burgin and upon roll call the following vote was recorded "Aye", Heflin, Watson, iheeler, Thomas, Burgin, Faucette, and Short. 'Nay" Christie. There being seven "Ayes" and only one "Nay", the Mayor declared the motion passed. The ordinance was then read for the second time. Alderman Heflin then moved that the rule be further (suspended and the ordinance placed on the thud and final reading. The motion was seconded by Alderman Burgin and upon roll call the following vote was recorded "Aye" Heflin, Watson, Wheeler, Thomas, Burgin, Faucette, and Short. "Nay" Christie. The Ordinance was then read for the third and last time. The Mayor then declared the Ordinance open for further discussion. There being no discussion, The Mayor asked the question, "Shall the Ordinance pass"? Apon roll call the following vote was recorded: "Aye", -Heflin, Watson, Wheeler, Thomas, Burgin, Faucette nd Short; "Nay", Christie. There being seven "Ayes" and only one "Nay" the Mayor declared the Ordinance passed. ORDINANCE NO. 1338 Y 1 V3 ORDINANCE %0. 1338 AN ORDINANCE AMENDING ZONING ORDINANCE NO:, 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM R -1B SINGLE-FAMILY RESIDENTIAL ORD. N0. DISTRICT TO R -P PROFESSIONAL OFFICE RESIDENTIAL DISTRICT. 1338 WHEREAS, A public hearing was held Before the Planning Commission of.the City of Fayetteville, Arkansas, on February 52 1963, on the petition of Dr. G. V. Harris, requesting that said Planning Commission recommend to the City Council of the City of Fayetteville, Arkansas,' that said City Council enact an ordinance rezoning the West Sixty (60) feet of Lot 5 and the West Fifty (50) feet of Lot 6, and all in Block 8 of the Gunter Addition to the City of Fayetteville, Arkansas, from R -B Single Family Residential District to C-1 Neighborhood Commercial District, and WHEREAS, notice of said public hearing, setting forth the date, time, place, and purposes of hearing, and location of property was published in the Northwest Arkansas Times, a newspaper of general circulation in said City, more than 15 days prior to the said public hearing, and WHEREAS, following said public hearing, said Planning Commission certified to the City Council of the City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the above described property from R -IB Single Family Residential District to R -P Professional Office Residential District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the above described property presently zoned As R -1B Single -Family Residential District be, and the same is hereby rezoned to'RfP Professional Office Residdntial District. SECTION 2. That all ordinances 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. i, WHEREAS, following said public hearing, said Planning Commission certified to the City Councilc6fhthe City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted making the changes and amendments as hereinafter set out. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION L. That Article IV (General Provisions) be and the same is hereby amended by adding a Section 1. a. to read as follows: Section 1. Use of Building and Land a. No building permits shall be issued unless the lot or lots front on and have access to a dedicated and open, existing and all-weather usable street. SECTION 2. That Article V (Provisions Governing Zoning Districts), Section 4 (R-3 Multi -family Residential District), paragraph 4 (Area and Bulk Requirements), first sentence of subparagraph "d" (Building Lot Requirements) minimum lot area, be and the same is hereby amended to read as follows: b. Building lot requirements --the principal building shall be located so as to comply with the following minimums: Minimum lot area, single family two-family multi -family SLC rn L L 5,000 square feet 7,000 square feet 7,000 square feet for first two (2) family units plus, 1,500 square feet each for next six (6) family units, plus, 1,000 square feet for each additional family unit over 8 units. PASSED AN APPROVED this 25th day of February. , ATTEST: APPROVED: 24:e2mo----� Burgin reported GEORG° J. DAVISCLERK GUY CITY CGUY- E. OWN, MAY R investigation Alderman Bur in re ted that e Buildi ad inv ated some ro ert for F e Stations but no of property Alderman Burgin introduced a proposed ordinance which was read in its entirety by the City Attorney act: for Fire Station entitled "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, PASSED AND APPROVED JUNE 13, 1960s was AND AMENDMENTS THERETO, AND MORE SPECIFICALLY AMENDING SAID ORDINANCE AS IT PERTAINS TO THE USE OF t+ ANILDINGS.AND LAND, SPECIAL CHURCH DISTRICTS, APPEALS OR VARIANCES, PUBLIC HEARING, ACTION BY THE PLANNING COMMISSION, AMENDMENT PROCEDURE FOR PRIVATE PARTIES AND THE PLANNING COMMISSION, REPEALING ORDINANCE NO. 1259, AND FOR OTHER PURPOSES". Alderman Burgin moved that the ordinance pass. The motion was seconded by Alderman F.aucette and passed unanimously, whereupon the Mayor declared =� the ordinance passed. J Alderman Burgin then moved that the emergency clause be adopted. The motion was seconded by Alderman Heflin, And passed unanimously whereupon the Mayor declared the emergency clause adopted. ORDINANCE N0, 1339 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 12390 PASSED AND APPROVED JUNE 13, 1960, AND AMENDMENTS THERETO, AND MORE SPECIFICALLY AMENDING SAID ORDINANCE AS IT PERTAINS TO THE USE OF BUILDINGS AND LAND, SPECIAL CHURCH DISTRICTS, APPEALS OR VARIANCES, PUBLIC HEARING, ACTION BY THE PLANNING . No. Ord. AMENDMENT PROCEDURE FOR PRIVATE PARTIES AND THE PLANNING COMMISSION, REPEALING ORDINANCE 1339 N0. 12599 AND FOR OTHER PURPOSES WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas, on February 16, 1963, for the purpose of discussing certain amendments and changes to the Zoning Ordinance No. 1239, passed and approved June 13, 1960, and WHEREAS, notices of said public hearing, setting forth the date, time, place and purposes of said hearing was published in the Northwest Arkansas Times, a newspaper of general circulation in said City more than fifteen (15) days prior to said public hearing, and i, WHEREAS, following said public hearing, said Planning Commission certified to the City Councilc6fhthe City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted making the changes and amendments as hereinafter set out. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION L. That Article IV (General Provisions) be and the same is hereby amended by adding a Section 1. a. to read as follows: Section 1. Use of Building and Land a. No building permits shall be issued unless the lot or lots front on and have access to a dedicated and open, existing and all-weather usable street. SECTION 2. That Article V (Provisions Governing Zoning Districts), Section 4 (R-3 Multi -family Residential District), paragraph 4 (Area and Bulk Requirements), first sentence of subparagraph "d" (Building Lot Requirements) minimum lot area, be and the same is hereby amended to read as follows: b. Building lot requirements --the principal building shall be located so as to comply with the following minimums: Minimum lot area, single family two-family multi -family SLC rn L L 5,000 square feet 7,000 square feet 7,000 square feet for first two (2) family units plus, 1,500 square feet each for next six (6) family units, plus, 1,000 square feet for each additional family unit over 8 units. SECTION 3. That Article V (Provisions Governing Zoning Districts), a the opening sentence oP Section 13 (P-lA Special•Church District) be and the same is hereby amended to read as follows: "A district for churches"; and that the opening phrase of Paragraph 2 (Uses Regulations) of the same section be and Cont. the same is hereby amended to read as follows: Ord. No. 1339 2. Uses Regulations a. The 6hurch shall be subject to the regulations bf the most restrictive zoning district abutting church property, except: 1) no minimum lot size is required 2) no referral or appeal to the Board of Adjustment is required 3) Such church property located in R-lA Single Family Residential District shall be subject tb the minimum front, side and rear building set -back, off-street parking and other requirements of R -1B Single Family Residential District (Section 2, 2c). SECTION44. That Section 3, entitled "Appeals or Variances" of Article VIII (Board of Adjustment) be and the same is hereby amended to read as follows, to -wit: Section 3. Appeals or Variances Any appeal or application for variance to the Board of Adjustment may be taken by any person, firm or corporation aggrieved, or by ink governmental officer, department, board or bureau affected by any decision of the building inspector, based in whole or in part upon the provisions of this ordinance. The Board of Adjustment shall publish a notice of the time and place of a public hearing upon such appe or application for variation; such notice shall be published at least one not less than ten (10) days preceding the date of such bearing in an official paper or newspaper of general circulation in Fayettev such notice to contain the particular location for vh ich the appeal or variation is requested, as well as a brief statement of what the proposed appeal or variation consists of. A sign eikhteen (18) inches high and thirty (30) inches wide or larger, as determined by the building inspector, also giving such notice, shall pe placed upon the property by the building inspector fifteen (15) days before the date of the public hearing. The Board shall also give notice of such hearing to interested persons and organizations as it shall deem feasible and practicable. Upon the date of the hearing any party may appear before the Board in person or by attorney. The applicant shall be required to pay a filing Pee of ten dollars ($10.00) to cover the cost of publishing and mailing notices and such other expenses as may be incurred in connection with such appeal or application. SECTION 5. That paragraph "c" (Public Hearing) under subsection 111" (Amendment Procedure for Private Parties) of Article IX, be and the same is hereby amended to read as follows, to -wit: C. Public hearing. Upon receipt of a petition for an amendment, the Planning Commission shallhold a public hearing on the proposed amendment:, after: 1. Publishing a notice in a newspaper of general circulation in the City at least one time fifteen (15) days prior to the public hearing, setting forth the time and place of such hearing and the amendment proposed; •• 2. Posting a sign or signs, each eighteen (18) inches high by thirty (30) inches wide, or larger, as determined by the building inspector, at conspicuous places in'the area involved, fifteen (15) days prior to the date of the public hearing, also giving such notice. SECTION 6. That paragraph "d" (Action by Planning Commission) under subsection 1 (Amendment Procedure for Private Parties) of Article IX be and it is hereby amended to read as follows: d. Action by Planning Commission. Following the public hearing, the proposed amendment may be approved as presented in modified from by a majority of the Planning Commission and recommedded for adoption by the City Council, with the reasons for such recommendations stated in writing. If the Planning Commission disapprove a proposed amendment, the reasons for such disapproval shall be given in writing to the petitioner. If the Planning Commission neither approves nor disapproves a proposed amendment kithindforty-five (45) days after the public hearing, the action on such amendment by said Planning Commission shall be deemed favorable; this period may be further extended by vote of the Planning Commission, if.all the parties involved agree in writing to an extension. SECTION 7. That subsection 1 (Amendment Procedure for Private Parties) of Article IX be, and it is hereby amended by the addition of paragraph "h", to read as follows: h. A petition for amendment may be withdrawn at any time before publication of the nbtice and posting signs for the public hearing; after the publication and posting of such notice, the petition m -2y be withdrawn at the discretionndf the Planning Commission. If the petition is permitted to be id.thdrawn after the public hearing, it shall be in the Planning Commission's discretion whether or not a petition affecting part or all of the same property may be refiled sooner than one year from the date of withdrawal. SECTION 8. That Article IX (Amendment) be and the same is hereby amended by adding a subsection 113" entitled "Amendment Procedure for the Planning Commission", to read as follows, to -wit: 3. Amendment Procedureffor the Planning Commission When members of the City Planning Commission desire to initiate an amendment to the Zoning Ordinance of the City of Fayetteville, Arkansas, the procedure will be the passage of a resolution by a majority vote of a quorum of the Planning Commission detailing the proposed amendment. Said resolutionshall be file with the clerk of the City of Fayetteville, Arkansas, and a public hearing shall be called by the Planning Commission, as provided in 1-c above. Followtng such public hearing, the Planning Commis and the City Copncil shall act in accordance with the procedures set forth in 1-d and 1-e above. 205 SECTION 9. That Ordinance•No. 1259, passed and approved on March 27, 1961s be and it is hereby repealed, AN ORDINANCE AMENDING ORDINANCE N0. 12459 SUBDIVISION REGULATIONS, APPROVED SEPTEMBER 12, 1960, AND AMENDMENTS THERETO, MORE SPECIFICALLY TOrAMEND ARTICLE I, D-7 AND D-1+, BY REPEALING THE DEFINITION OF "LOT SPLIT", SUBSTITUTING AS D-7 THE DEFINITION OF "PARCEL", AND AMENDING THE DEFINITION OF rd. a "SUBDIVISION", TO REPEAL THE REFERENCE THROUGHOUT THE ORDINANCE TO "LOT SPLIT"; TO RE NUMBER ARTICLES OF THE ORDINANCE; TO AMEND ARTICLE II, A -1-b(3), A -2-a, B 2;, B -3-i, B-6, B-7, with REFERENCE Ord. No. TO PROCEDURE FOR SUBDIVISION PLAT APPROVAL; TO AMEND ARTICLE IV, E BY ADDING A PARAGRAPH 41 ASTO 1340 CUL-DE-SAC TURNAROUNDS; TO AMEND ARTICLE IV, G-5AND G-6 WITH REFERENCE TO MINIMUM STREET WIDTHS AND CUL-DE-SAC RADII41 TO AMEND ARTICLE V, G-2, AND TO REPEAL G-3, WITH REFERENCE TO GUARANPEES.IN LIEU OF INSTALLATION OF IMPORVEMENPS, TO AMEND ARTICLE VI, Ay WITH REFERENCE TO VARIANCES; TO AMEND ARTICLE VI, H, 1-c BY REPEALING THAT PARAGRAPH. WITH REFERENCE TO NOT CHANGING A RECORDED PLAT UNLESS VACATED; TO AMEND VARIOUS ARTICLES BY SUBSTITUTING "SETP.ACK REGULATIONS OR ORDINANCES" FOR "MAJOR STREET PLAN": AND FOR OTHER PURPOSES WHEREAS, a public hearing was held before the Planning. Commission of the City of Fayetteville, Arkansas, on February 16, 1962, for the purpose of discussing certain amendments and changes to the Subdivision Regulations, Ordiance No. 1245, passed and approved September 120 1960, and WHEREAS, notice of said public hearing, setting forth the date, time, place, and purposes of hearing, and location of property, was published in the northwest Arkansas Times, a newspaper of general circulation in said City, more than 15 days prior to said hearing, and WHEREAS, following said public hearing, said Planning Commission certified to the City Council of the City of Fayetteville, Arkansas, the following amendmentsto Ordinance No. 1245, which are herein adopted NOW,;THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKAABAS: SECTION I. That Article I. "General Provisions", Paragraph D, "Definitions",•subparagraph 7, be and it is hereby repealed; that sub -paragraphs 7 and 14 be and the same are hereby amended to read as follows, to -wit: 7. Parcel- An area under one ownership. 14, Subdivision - Any division of unplatted land or any re -subdivision of platted land within the planning area jurisdiction when any or all of the following is involved: a) Sale, whether immediate or future. b) The construction of new buildings (dwellings or business structures). c) The dedication of a new street, or the extension of an existing street, by the property owner, when done in conjunction with either sale or new constructionrefereed to above. However, the fol: exceptions will be noted: 1) A division of land principally for agricultural purposes into not more than two new lots or parcels and not involving a new street shall not be deemed a subdivision. (See Article V, A. Vari• 2) The creation, whether at one time or at different times, of one or more new lots out of an exi parcel when such lots will not interfere with the future subdivision of the original parcel and/or the future subdivision of the surrounding land shall not be deemed a subdivision. (See Article V. A. Variances) The remainder.of the original tract shall riot be counted in the total new lots or parcels. SECTION 2. That the opening paragraph of Article II, "Procedure for Subdivision Plat Approval", and Article II, Paragraph A, subparagraph 2, Paragraph B, sub -paragraph 3-i, Paragraph B, sub -pa 6 and 7, be and the same are hereby amended to read as follows, to -wit: Cont. Ord. No. SECTION 10. All ordinances or parts of ordinances in conflict herewith shall be and the same are 1339 hereby repealed, and this ordinance being necessary for the preservation of the public peace, health, comfort, convenience, morals, safety and welfare of the City of Fayetteville,'Arkansns, an emergency is hereby declared to exist 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 February, 1961'. ATTEST: APFROVED: 1 EORGE AVIS, CITY CLERK GUY E. MOWNp MAYOR Alderman Burgin introduced a proposed ordinance which was read in its entitry by the City Attorney entitled "AN ORDINANCE AMENDING ORDINANCE NO. 1245, SUBDIVISION REGULATIONS, APPROVED SEPTEMBER 12, 1960 Ord. Nol AND AMENDMENTS THERETO, MORE SPECIFICALLY TO AMEND ARTICLE I, D-7 AND D-14, BY REPEALING THE DEFINITION 1340 OF "LOT SPLIT", SUBSTITUTING AS D-7 THE DEFINITION OF "PARCEL", AND AMENDING THE DEFINITION OF passed "SUBDIVISION", TO REPEAL THE REFERENCE•THROUGHOIJT THE ORDINANCE TO "LOT SPLIT": TO RE -NUMBER ARTICLES OF THE ORDINANCE: TO AMEND ARTICEL II, A� 2�.6 II. Procedure for Subdivision Plat Approval. (Opening paragraph) Two steps are involved in approval by the Planning Commission of a new subdivision proposal: (1) preparation and approval of thel'Pre3dmdnary Plat; and (2) preparation and approval of the final plat. (Application forms for plat approvals are available in the offices of the Planning Commission or the Building Inspector.) ont. If a division of land results in a determination that it is not a subdivision (under Artidle I, D-141 rd. No. Definitions, and under Article V, A., Variances) so that formal plat approval procedure provided in 1340 this Article is not necessary, the Planning Commission may require the property owner to file withthe County Recorder an informal plat of the area, on the face of which the Planning Commission Chairman and/or S6cretary'shall sign the following statement: "Informal plat approved thid (date) in accordance with Article V, A., Variance, of Fayetteville City Ordinance No. 1245, as amended." (Signature of Chairman or Secretary) A. Preliminary Plat. 1. Submission b. Existing conditions 3) Names of adjacent subdivisionsand owners of adjacent parcels of unsubdivided land, aAd evidence that adjoining property owners have had an oppoutunity to see the proposed plat. 2. Review by Planning Commission. a. Approval or rejection. Within ten(10) days after review by the Planning Commission, the sub -divider shall'be notified in writing whether the Preliminary Plat is approved. In case the Plat is not approved, the reasons for disapproval shall be given in writing. Failure of the Planning Commission to act on the Preliminary Plat within sixty (60) days from the date of application submission shall be deemed approval of the Preliminary Plat. Approval of the Preliminary Plat, however, does not constitute acceptance of the subdivision. Rather, it is authorization for the subdivider to proceed with the installation of improvements as specified in Article IV, Improvements. If the subdivider desires to presently develop only a portion of the total area intended'.for development the Planning Commission shall require preliminary plat approval for the entire area intended for development to insure that the purpose and intent of these regulations are complied with, and a final plat shall be required only for the portion of the total area intended for present development, with additional Final Plat or Plats to be required for other portions or the rest of the area as developed. However, upon the approval of the preliminary plat, and pending approval of the Final Plat even for the areas being presently developed, the Planning Commission may authorize the issuance of building permits for such lots (to be determined by the Planning Commission) shown on the approved streets meet the minimum street width requirements of the City, or provided the subdivider will give written assurance to the Planning Commission that he will proceed with due diligence with the submission of his Final Plat. (See Article II, B-6, and Article IV, G) B. Final Plat. 2. Copies of Final'Plat One (1) original'drawing on vh ite cloth -backed 100% new rag, water resistant, white drawing paper in India ink and five (5) Ozilid print copies at a scale of one (1) inch equalling one hbndred (100) feet, if space permits, on sheets 18" x 23"; otherwise, one (1) inch equalling two hundred (200)feet. 3. Information on Final Plat i. Front building set -back lines with dimensions. 6. Planning Commission Approval. (Second paragraph to be following by the sentence): (See Article IV, G., Guarantee in Lieu of Installation of Improvembnts, for other Final Plat approval conditions: Also, see Article II, A, 2, a., Approval or Rejection of Preliminary Plat.): 7. Recording the Final Plat Pursuant to Section 5c, Arkansas Planning Law, Act 186 of 1957, "the County Recorder shall not accept any plat for record without the approval of the Planning Commission". Following approval by the Plan Co*nission, and acceptance by the City Council, if the f3roperty is located within the City, the original India ink drawings of the Final Plat, as specified apove, also shall be filed with the County Recorder by the City Clerk, at the subdivider's expense. SECTION 3. That.Article III, Procedure for Lot -Split Approval, be and the same is hereby repealed. SECTION 4. That all references to Lot -Split throughout Ordinance No. 1245 be and they are hereby repealed. SECTION 5. That Articles IV through VI be and they are hereby renumbered as Articles III through V, respectively. SECTION 6. That where applicable throughout Oridnance No. 1245, the phrase "Setback Ordinance" or "Set back Regulations" be and it is hereby substituted for "Major Street Plan". SECTION 7. That'Article III (formerly Article IV) Paragraph E. and Paragraph G, sub -paragraphs 5 and 6, be and the same are hereby amended to read as follows, to -wit: E. Grades and Profiles. 4. On cul-de-sac streets where turn-arounds are involved, the building setback line shall be figured from a theoretical extension of the street line through the turn -around instead of from the outer edge of the turn -around. G. Streets. 5. Streets shall have minimum rights-of-way and surfaced widths, as required by the Major Street Plan, 207 Ordinance No. 1340 (Continued) Ordinance No. as amended from time to time. These minimum widths shall be required instead'of lesser widths, as 1340 I provided by a Set -back Ordinance or Set -back Regulations, unless in the opinion of the Planning Commission, (Continued) the lesser Set -back Ordinance widths are acceptable. Widths now required by the Major Street Plan are: City County Primary Thoroughfares 84' 120' Secondary Thoroughfares 70' 100' Collector Streets 60' 70' Minor Streets 501 50' Loop Route 120' 120' 6. Cul-de-sac and dead end streets should be avoided except in cases where unusual topographic conditions may make such streets necessary. Where such streets are permitted, they shall have a minimum length of 600 feet and shall be provided with a vehicular turn -around with a minimum radius of fifty (50) feet unless, in the opinion of the Planning Commission, the turn -around may have a radius of not less than thirty-five (35) feet. The dedication of right-of-way for all cul-de-sac or dead end streets shall be extended to the boundary of adjoining property whenever in theoopinion of the Planning Commission it is desirable to provide for future street access to adjoinin,g property. SECTION 8. That Article IV (formerly Article V), Improvements, Paragraph G, sub -paragraph 2, be and the same is hereby amended to read asfollows, to -wit: G. Guarantees in Lieu of Installation of Improvements. 2. Enters into an Agreement or Contract with the City. If the subdivider chooses to begin his construction program or to selllots within the subdivision prior to the installation of the required imporvements, he may enter into a written agreement with the City, *wh ih shall include butr not be limited to the following conditions: a. The final plat is otherwise approvable by the Planning Commission. b. ,The required improvements shall'be installed,'if all the improvements have not been provided, with. the period to be fixed by the contract. The terms of any such conditional Final Plat approval shall be noted on the Final Plat by the Planning Commission before the Final Plat'is filed for record; and when the conditions have been met, this fact shall be noted by the City Clerk on the original recorded plat with his notation to be attested by the County -Recorder. SECTION 9. That Article IV (formerly Article V), Paragraph G, sub -paragraph 3 ("Provides other assurances pertaining to site improvements"), be and the same is hereby repealed. SECTION 10. That Article V (formerly Article VI), Paragraph A, be and the same is hereby amended to read ad follows, to -wit: V. Administration. A. Variances. Whenever the tract to be subdivided is of such unusual size, shape or topography or surroundedby auc development or conditions that the provisions of these regulations shall result in substantial hard- ship on the subdivider,1 the Planning Commission may vary or modify such requirements to the end that the subdivision may be developed consistent with public welfare and safety. "Agricultural purposes" referred to in the definition of a SUBDIVISION means the use of a major port of the tract for horticulture, nurseries, orchards, forests and forestries, apiaries, field crops, breeding or raising livestock or poultry, riding stables, or other similar, activities. The question of whether or not the creation of one new lot out of an existing parcel interferes with the future subdivision of the original parcel and/or the future subdivision of.the surrounding land (as set out in the definition of a Subdivision) shall be determined by the Building Inspector; if more than one lot(whether created at the same time or at different times) is involved this determin- ation shall be by the Planning Commission, SECTION 11. That the last paragraph in Paragraph G(relating to the fee for filing a Lot -Split plat), and Item .c, sub -paragraph 1, Paragraph H(providing that platting as filed for record cannot be changed unless vacated), both in Article V (formerly Article VI), Administration, be and the same are hereby repealed. SECTION 12. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and this action being necessary for the public health, peace, safety, order, comfort and convenience within the Ci of Fayetteville, Arkansas, an emergency is hereby declared to exist 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 February; 1963. 'ATTEST: dW APPROVED: 1 24�� 902,-�GUY E. 'ROWN, MAYOR GEORGE S, CITY CLERK being no further business, Alderman Thomas moved to adjourn. The motion was seconded by Alderman and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: tgg WWWWRI �a�Te70 'Sn o• H