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HomeMy WebLinkAbout1963-01-15 Minutes137 MINUTES OF CITY PLANNING COMMISSION MEETING • The Fayetteville City Planning Commission met in a regular meeting at 3:30 p.m. on Tuesday, January 15, 1963, in the City Council Chambers in the City Administration Building. Members present: J. F. Palmer, Bryan Walker, George Caudle, Henry Shreve, Clark McClinton, Paul Young and Hugh Stubblefield. Members absent: Suzanne Lighton and Bill Dalton. The meeting was called to order by Chairman J. F. Palmer. The minutes of the meeting of December 4, 1962 (regular meeting) were approved as written and mailed to the members prior to this meeting. The Chairman said that Suzanne Lighton was unable to attend the meeting; therefore her report would be given at a later date. The Chairman reported that the items on the agenda would not be considered in the order as they appeared on the agenda. F. F. Nonnamaker appeared before* the Planning Commission at this time with his subdiv- ision problem. As requested by the Chairman, Harold Lieberenz, city inspector, briefed the Planning Commission members on the subdivision problem. Mr. Lieberenz said that after the action taken October 2, 1962, by the Planning Commission, said action being: The Subdivision Committee recommended to the Planning Commission that the City Build- ing Inspector be authorized to deny Mr. F. F. Nonnamaker a building permit to build on lots 1 and 2 of Block 3 of his proposed subdivision plat because it would interfere • with future street planning and development of Mr. Nonnamaker's property. Mr. Nonna- maker appealed the Planning Commission's decision to the City Council. At.the'January 14, 1963, meeting of the City Council the following action was taken: Alderman Burgin reported that the City Council Planning Committee had studied the request of Mr. Nonnamaker for a review of the City Planning Commission's decision of refusing him a building permit which the Planning Commission felt was in conflict with the City Subdivision Regulations. The City Council Planning Committee feels that there might have been an error in the plat presented to the Planning Commission. The City Council Planning Committee'recommended that this be referred back to the City Planning Commission for further study. The motion was seconded by Alderman Thomas and passed unanimously. Mr. Harold Lieberenz told the Planning Commission members that he and Mr. Nonnamaker had compared the plat with the aerial photographs in the City Engineer's office. The comparison showed that the street, Nonnamaker Drive, on the plat appeared to be in the correct location and the location of the houses shown seemed to be all right. Mr. Lieberenz stressed to everyone that more time and further checking would be necessary before accurate information could be given. A few of the Planning Commission members were concerned about future development to the east. After more discussion, Chairman Palmer referred the problem to the Subdivision Committee for further study and immediate action. Chairman Palmer related the history of the zoning problem of Lot 12 of Block 1 in Evelyn Hills Addition to the City of Fayetteville, Arkansas. Doctor James Mashburn and Mr. Irby Abshier were present. Doctor Mashburn produced a copy of the original letter dated September 11, 1959, which was written to Irby Abshier by W. M. Ritter, 40 president of Preferred Risk Life Assurance Company. The contents of the letter being as follows: We hereby agree that we will not use Lot 12, Block 1, Evelyn Hills im Addition to the City of Fayetteville, Arkansas, which we are purchasing from you, for any purpose other than a parking lot or for construction of a one story dwelling. is Doctor Mashburn felt that under the circumstances the lot which is in a C-2 Thorough- fare Commercial Zone according to the zoning map should 'revert back to R -IA Single Family Residential District. Mr. Palmer reported that Carl Ferguson, present owner of the lot, would like to build an office building for a doctor upon the lot, and Mr. Ferguson would be willing to consider zoning the lot to R -P Professional Office Residential District. The R -P zone would limit the number of occupants, the type of business and the type of con- struction. The concern of the people who own homes in this area was expressed at different tines on the undesirable businesses which could be operated in a C-2 zone. It was pointed out that the 45 day time limit (Article IX, Section 1, paragraph d) had expired. The members of the Planning Commission were of the opinion that the expiration of the time limit and an explanation as to what the Planning Commission had been doing should be relayed to the City Council in the form of a resolution and more time to study the matter should be requested. RESOLUTION PC 1-63 WHEREAS, the City Planning Commission on September 7, 1962, by Resolution PC 7-62 requested authorization from the City Council to initiate the proposal to rezone Lot 12, Block 1 of the Evelyn Hills Addition from C-2 to R-4 to correct an error in the 1959 agreed rezoning, and 49 WHEREAS, on September 24, 1962, by Resolution 15-62, the City Council gave such above-mentioned authorization to the City Planning Commission, and a public hearing was held on November 20, 1962, at which hearing no quorum was present; this no official action could be taken by the City Planning Commission, and WHEREAS, in the course of discussion, attempting to work out a solution, the 45 day automatic Planning Commission approval (Article IX, Section 1, last paragraph of paragraph d of Ordinance No. 1239) applied, so that the Planning Commission appears to be recommending rezoning the lot to R-4; however the Planning Commission feels this is not the proper solution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY PLANNING COMMISSION OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the above matter be referred back to the Planning Commission for further study. PASSED AND APPROVED THIS 15th day of January,,.1963• APPR • ^^^^^^^^^.. J. F. 'PAUTIM, CHAIRMAN 139 Action of the petition of Arcade Real Estate Corporation and J. W. Eoff was deferred at the January 3rd meeting. This rezoning request was on the agenda for further • consideration. Several persons who were opposed to the rezoning were present, and also present were Tom Comley and J. W. Eoff. Mr. Comley reported to the Planning Commission that after giving the matter consider- ation, he and Mr. Eoff would be willing to compromise. The compromise offered eras that Tract 2 remain as petitioned which was to rezone from R -1B to R-4, but that the land east of Oakland Avenue which would be extended remain zoned R=1B and the land west of .Oakland Avenue (in Tract 1) be rezoned to R-2 as petitioned. Mr. Comley said that James D. Cypert, attorney, was to have contacted the attorney of the protesting persons. David Isom, acting as spokesman for the objecting property owners, stated that Mr. {•Jill- iam Putman, attorney, had been contacted by James D. Cypert. Mr. Putman in turn relayed the information onto the property owners. Mr. Isom reported that the people still were not in favor of the rezoning. A letter from Ray Trammell, Legal Counsel of the University of Arkansas, was called to the attention of the Planning Commission members by Chairman J. F. Palmer. This letter stated the objections of the U. of A. to the rezoning of certain lands lying just south of the Main Branch of the Agricultural Experiment Station farm of the U. of A. as petitioned by J. W. Eoff and Tom Comley. The Chairman thanked the people for the additional information. The people were then dismissed. In connection with the petition of Tom Comley and J. W. Eoff for rezoning land between Garland Avenue and Leverett Avenue and north of Bel Air Acres Subdivision (as per sketch plat), it was moved by Clark McClinton, seconded by Bryan Walker and unanimously • voted (by roll call vote): That the part of the area shown and]abelled "Tract No. 1" on the sketch plat not be rezoned to R-2 as requested but remain zoned R -1B. That the part of the area shown and labelled "Tract No. 211 on the sketch plat not be rezoned to R-4 as requested but be rezoned to R-3; that this rezoning of Tract No. 2 is con- ditioned on and not to be effective until the owners have presented to the Building Inspector an acceptable building layout for Tract No. 2, and have filed with the Washington County Recorder restrictive covenants to run with the land embraced in Tract No. 2. These covenants before filing shall be approved by the Planning Commission and shall include the following: 1. Buildings to be of brick veneer construction not over 2 1/2 stories in height; 2. Any new streets to be paved with permanent type bituminous material, to be curbed and guttered with sidewalks; 3. The grounds to be landscaped and continously maintained; 4. Oakland Street to be opened (in Tract No. 1) to proposed Bel Air Drive (as shown on the sketch plat) but not to be opened north of Bel Air Drive; 5. Buildings to be supervised by a full-time manager, who will live on the premises from the time buildings are occupied; and 6. Construction and development in accordance with the approved building layout to be pursued to completion with due diligence. Joe Garrison's lot division problem was explained to the Planning Commission by Harold Lieberenz. Mr. Garrison owns lot 4 of Block 10 of Parker's Plat of Valley View Acres • Addition to the City of Fayetteville, Arkansas. Mr. Lieberenz explained that this lot is large enough to be divided into more lots. The two lots which require Planning Commission action are located on Ash Street. Ash Street at this point is platted but 140 not in use. Mr. Garrison informed the Planning Commission members that he had already made arrangements to clear and grade the street in. George Caudle moved that the • Planning Commission accept the lot division proposed by Joe Garrison and that the City Building Inspector be and is hereby authorized to issue building permits on Tract C and Tract D (as per sketch plat); both lots which front on Ash Street. Hugh Stubblefield seconded the motion which passed unanimously. The City Inspector related the procedure Dr. George V. Harris followed inorder to establish his office on Gunter Street. The Board of Adjustment felt that they had no power to act on Doctor Harris' request of a variance from Zoning Ordinance No. 1239; therefore Doctor Harris appealed to the City Council. On January 14, 1963, the City Council took the following action: Alderman Burgin moved to refer the request of Dr. George V. Harris for a variance from the zoning ordinance for a doctor's office in a building located at 542 Gunter Street to the Planning Commission with the request for immediate action at their meeting on Tuesday, January 15, 1963, either by rezon- ing or amending the zoning ordinance. The motion was seconded by Alderman Short and passed unanimously. The Chairman requested that a public hearing be held at the earl- iest possible time to consider the rezoning of property at 542 Gunter Street. The Chairman suggested that the Phillips Mission Street Grocery property be included in this rezoning and that both properties be rezoned to C-1 Neighborhood Commercial District. The Chairman reported that another petition requesting a zoning change had been filed in the City Inspector's office by the Presbyterian Church. The petition submitted requested the rezoning of property north of Highway 16 West and west of Garland Avenue and south of James Street for church use. The Chairman suggested a public hearing be held on this petition at the earliest possible time. • The meeting was adjourned. 0 Respectfully submitted. Date: WWI 1 I r, I N I la , n� J � I tem 2 y1. b i--) Cot y - B1.rK /o pryrKt✓s f'�n7� O f QW VN��et� !/ieu G9a/�1 4 1 V IIA �C 6� /2— z�-G�— ii �• ,DuGrrogo