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Home My WebLink About1963-03-05 MinutesMINUTES OF A CITY PLANNING COMMISSION MEETING • The Fayetteville City Planning Commission met in a regular meeting at 3:30 p.m., Tuesday, March 5, 1963, in the City Council Room in the City Administration Building. Members present: Suzanne Lighton, George Caudle, Clark McClinton, Bryan Walker, Bill Dalton and Hugh Stubblefield. Members absent: Paul Young, J. F. Palmer and Henry Shreve. Suzanne Lighton gave her report on the information which she had prepared for the City Council. She reported that the City Council at its last meeting had adopted the amend- ments to Zoning Ordinance No. 1239 and Subdivision Ordinance N6:'1245. The emergency clause was added to the ordinances and the long awaited changes were made effective. The vice-chairman, Suzanne Lighton, said that rather than keep Mr. Lynn Smith and Mr. Elvie P. Heiney waiting the order of the agenda would be dispensed with and Lynn Smith's street problem would be considered next. Mr. Elvis P. Heiney spoke for Mr. Smith and explained what was proposed. Mr. Heiney referred the Planning Commission members to the drawing prepared by the city inspector's office and to three drawings presented by Mr. Smith. Mr. Heiney said that Mr. Smith would like his proposed street to be 40 -feet wide, 30 feet curb -to -curb which would be black topped, with a 40 -foot radius turn -around or less if possible. The surface, etc. would meet the city street'regairements. The action of the Planning Commission, being informal in the respect no motion was made, was the unanimous approval of the proposed • 40 -foot street, 30 feet curb to curb, black -topped street, with a 35 -foot radius turn- around. Mr. Lynn Smith and Mr. Elvie Heiney excused themselves and retired as.their purpose of appearing before the Planning Commission had been accomplished. Hugh Stubblefield arrived at the meeting at this time. The minutes of February 5, 1963, were approved with a minor correction (SeeMinute Book in the City Inspector's office). The minutes of February 12, 1963, and February 18, 1963, were approved as written and mailed to the members prior to this meeting. Suzanne Lighton asked the assistant secretary to read that portion of the minutes of February 18 which related the action taken by the Planning Commission on the petition of Austin Parish and Ethel R. Parish, husband and wife. Miss Lighton informed the members what had been done by the petitioners in drawing up the covenants requested by the Planning Commission and submitting the covenants. Meetings with A. D. McAllister, Austin Parish, Bill Torres, J. F. Palmer and Suzanne Lighton were held with all or part of previously mentioned parties in attendance to work out covenants satisfactory to all concerned. Nothing was prepared which was agreeable to all. After such meetings A. D. McAllister reported that the Ozarks Electric Cooperative was not in favor of submitting any covenants. Suzanne Lighton said she asked Mr. McAllister for a letter stating the position of the Ozarks Electiic Cooperative. Miss Lighton said she received a letter from Mr. McAllister; however the letter mentioned nothing about the covenants•(see letter of February 27, 'as follows ). After notifying Mr. McAllister, another letter was received; this one stated that the Ozarks Electric Cooperative was not in position to agree to entering into any protective covenants (see letter of February 28, 1963, on following page). L • February 27, 1963 Miss Suzanne C. Lighton Attorney at Law Fayetteville, Arkansas Re: Petition of J. Austin Parish, Ethel R. Parish, Julius Hellums, Elizabeth Hellums and W. H. Falls for Rezoning Dear Miss Lighton: It will be appreciated if the Planning Commission at its next regular meeting on Tuesday, March 5, 1963, can make its recommendation to the Fayetteville City Council with respect to the above captioned petition for rezoning in time for consideration by the Fayetteville City Council at its next regular meeting. ADM:pw Yours very truly, WADE & MCALLISTER /.s% A. D. McAllister, Jr. A. D. McAllister, Jr. February 28, 1963 Miss Suzanne C. Lighton Attorney at Law Fayetteville, Arkansas Re: Petition of J. Austin Parish, Ethel R. Parish, Julius Hellums, Elizabeth Hellums and W. H. Falls for Rezoning Dear Miss Lighton: Following our meeting with members of the Planning Commission on Tuesday, February 26, 1963, we -were advised by our client that it was not in position to agree to entering into any protective covenants. • ADM:pw i:-si-x„v** Yours very truly, WADE & MCALLISTER Al A D McAllister. Jr A. D. McAllister, Jr. • After a lengthy and detailed discussion as to whether or not the covenants should be required and if so to what degree should the covenants restrict the Ozarks Electric Cooperative, Bill Dalton moved that in regard to the petition of Austin Parish and Ethel R. Parish, husband and wife, the Planning Commission reaffirm its action taken at the meeting of February 18 which was as follows: That the area north of said east -west platted public street be rezoned to I-lA conditioned on and not to be effect- ive until covenants restricting the use to that of the Ozarks Electric Cooperative only and provided for landscaping and maintenance of the area, with the covenants to provide that they are not subject to change without city approval, are recorded and are attached to and made a part of the rezoning ordinance; and that Resolution PC 4x63 be repealed and another resolution making known the Planning Commission's repeated recommendation be adopted. The motion was seconded by Clark McClinton and upon roll call, the following vote was recorded: Lighton, Caudle, McClinton and Dalton, "Aye"'and'Stubblefield and Walker "Nay." There being four "Ayes" and two "Nays," the vice-chairman declared the motion carried. RESOLUTION PC 5-63 WHEREAS, a public hearing was held on February 12, 1963, by the Planning Com- mission on the petition of Austin Parish and Ethel R. Parish, husband and wife, at which time no formal action was taken; and WHEREAS, at a special meeting on February 18, 1963, the Planning Commission voted to make a formal recommendation to the City Council; and • WHEREAS, the covenants requested in the Planning Commission's recommendation are to be approved by Suzanne Lighton who was authorized by the Planning Commission to act in its behalf; and WHEREAS, a letter dated February 28, 1963, from A. D. McAllister, attorney for said petitioners, was received by Suzanne Lighton and was presented to the Planning Commission at its regular meeting on March 5, 1963. Said letter stated that the Ozarks Electric Cooperative was not in position to agree to entering into any protective covenants; and WHEREAS, at said regular meeting the Planning Commission voted to reaffirm action taken at its February 18 -meeting; and NOVI, THEREFORE, BE IT RESOLVED BY THE CITY PLANNING COMMISSION OF THE CITY OF FAYETTEVILLE, ARKANSAS, THAT IT RECOMMENDS TO THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the petition be denied as to the area south of the east -west platted public street Ms per sketch plat attached hereto) which divides the petitioned area so that this area will remain zoned R -IA; SECTION 2. That the area north of said east -west platted public street*(as per sketch plat attached hereto) be rezoned to 1-lA conditioned on and not to be effective until covenants restricting the use to that of the Ozarks Electric Cooperative only and providing for landscaping and maintenance of the area, with the covenants to provide that they are not subject to change without city approval, are recorded and are • attached to and made a part of the rezoning ordinance after being presented to and approved by the Planning Commission or its authorized agent. ii, '.,. , SECTION 3. That this resolution repeals and supersedes Resolution PC 4-63 • passed and approved February 18, 1963. PASSED AND APPROVED THIS c5-16& day of W&hAk , 1963. APPROVED The report on the jurisdiction map was given by Bryan Walker. Mr. Walker said that the people living on Highway 16 East were waiting to see if the Elkins Water District would develop before any attempt to annex to the City of Fayetteville would be made. Mr. Walker suggested that the Planning Commission continue to wait before adopting the jurisdiction map. Due to the lack of time, the vice-chairman requested that the problem of trailers and trailer courts be put on the agenda of the next regular meeting. There was no further business; therefore the meeting was adjourned. • is Respectfully submitted, / � 6, '4 Se I tary Date: 0 0 MSNOE IM IM . 1' 1 I I I 1 NORTH_ GIaRe,.AtJD A DRME V A 1: Cj i w u LYNN GM%T% 1 1 ' ' Vo' pFOpO"aED 5T. 1 � 1 �