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Home My WebLink About1964-05-12 MinutesL_J W7 MINUTES OF A CITY PLANNING COMMISSION MEETING The Fayetteville Planning Commission met in a special session on Tuesday, May 12, 1964, at 4:00 p.m, in the City Council Room in the City Administration Building. Members present: J. F. Palmer, Ernest Jacks, Bryan Walker, Wade Fincher and Allan Gilbert. Also present were: Harold E. Lieberenz, City Inspector, Ed McClelland, Warren Segraves, Cyrus Sutherland, Mrs. Russell Benedict, Ars. Arthur Fiy, Mrs. Willard Whitcomb and three other interested persons. Members absent: Suzanne Lighton, Henry Shreve and Clark McClinton (ill) and Bill Adlton. The meeting was called to order by Chairman J. F. Palmer. Mr. Palmer said the pur- pose of the meeting was to hold a public hearing to hear and consider a petition for rezoning and a proposed amendment of Article IX AMENDMENTS of Ordinance No. 1239. The petition for rezoning was heard first. Mr. Palmer requested that those present who favored the petition to be heard. Ed McClelland stated that he represented the petitioners, Maurice A. McClelland and Rhea A. Segraves. Mr. McClelland pointed out that a portion of the real estate was already zoned C-2. Because of the terrain, the proximity to the C-2 Zone and the fact that the real estate in question is more desirable for commercial use thus the petitioners have requested a zoning change. • When asked for what use the property would be put, Mr. McClelland stated that the lease of the Red Ball Transfer & Storage would expire shortly. The present plans are to mare the operation of this company on North College Avenue, Mr. Palmer asked if there were any present who opposed the proposed change in zoning from R -U to C-2 of property east of the Washington Transfer & Storage on North College Avenue. Mrs. Willard Whitcomb, 817 Broadview, said she did not live in the immediate area, but she was of the opinion that the real estate should be R-lA along Walnut Avenue. Mr. McClelland said he owned 91 acres almost directly across Walnut,Avenue. He mentioned that he was interested in selling the property tD the east across Walnut Avenue for residential use and would therefore be careful not to do anything to endanger his sales. Ernest Jacks brought out that the petition mentioned the construction of duplexes on the east side. There was discussion had as to why a portion of this real estate could not be zoned R-2 for duplexes. Mr. McClelland stated he would not favor any buffer zone but would like to continue with his request. Mrs. Whitcomb pointed out the problem which would arise on Ash Street. She felt commercial traffic, especially with large trucks going up the hill on Ash Street would be dangerous. There being no further discussion, Jr. F. Palmer declared this portion of the hearing over. The Chairman reported that the next ]item to be considered was the proposed amendment of Article IX AMENDMENTS of Ordinance No. 1239• The City Inspector presented a draft on Article IX AMENDMENTS with the proposed amendments on the procedures for the City Council to follow when initiating amend- ments.to Ordinance No. 1239. There were nine persons present at the hearing. No one present favored the proposal. It was the opinion of those present that if there is to be a Planning Commission then it should be permitted to function. The Planning Commission was created for the purpose of helping the city with its growth and keeping the people informed. Some present were concerned if this amendment were in conflict with state law. Mr. Palmer reported that definite proof had not been found that would indicate that the proposed amendment were not legal. Mrs. Willard Whitcomb remarked that in the past when Fayetteville did go with the City Council, there was a great deal of confusion in zoning. It was her feeling that a Planning Commission was needed. Cy Sutherland also felt that there should be or should not be a Planning Commission. He said that if the Planning Commission did not meet often (but once or twice a year, for example) there would be reason for the proposed change; however under the present set up there was no foundation for this change. Ed McClelland stated that he had served on the City Council. He said that during his term as an alderman a committee was appointed by the Mayor to work with the Planning Commission to help the communication problem. • The purpose of the public hearing having been accomplished, the hearing was adjourned. On the rezoning petition of Maurice A. McClelland and Rhea A. Segraves, Allan Gilbert moved that the Planning Commission recommend to the City Council that the below described real estate be rezoned from R-lA Single Family Residential District to C-2 Thoroughfare Commercial District. The motion was seconded by Bryan Walker and passed unanimously. Said real estate is described as follows: A aprcel of]and situated in the Southwest Quarter (SW�) of theJSouthwest Quarter (SW�) of Section 3, Township 16 North, Range 30 West, and being more particularly described as follows: Beginning at a point which is 445.5 feet North of the South- east Corner of said 40 Acre tract; thence West 691.7 feet; thence Northeasterly, along the East right-of-way line of U. S. Highway 71, 381.48 feet; thence East 622.4 feet; thence South 375.0 feet to the point of beginning, and containing 5.66 acres, more or less. - :.r.-.n-.nnan nnn:mnnann RESOLUTION PC 9-64 WHEREAS, a public hearing was held by the City Planning Commission on May 12 on the petition requesting the rezoning from R -IA to C-2 of property owned by Maurice A. McClelland and Rhea A. Segraves and located east off • U. S. Highway 71 (North) behind the Washington Transfer and Storage; and 82 WHEREAS, after the public hearing the Planning Commission voted to make its • recommendation to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY PLANNING COMMISSION OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City Council rezone from R -JA to C-2 that real estate as described in the petition of Maurice A. McClelland and Rhea A. Segraves. PASSED AND APPROVED this /"`prt day of On motion by Bryan Walker, seconded by Allan Gilbert, tte Planning Commission unanimously voted that the following recommendation be made to the City Council in regard to the proposed amendment of the procedure whereby the City Council may initiate amendments to the zoning ordinance, said recommendation being that Section IX AMENDMENTS of the zoning ordinance not be amended. There were nine persons present at the public hearing and all were opposed to the proposed amendment. It was the opinion of the Planning Commission that there was no justification for this • amendment. Fi'c)HHiiiiHti'�-SHtil-)HHHfiFiFifi:-SH.YFIF'Hi-ti-ii-JiiE3HH!-1tiEiE�EiF RESOLUTION PC 10-64 WHEREAS, the City Council referred to the Planning Commission Resolution 8-64 with directions that a public hearing be held on the proposal of amending the zoning ordinance so that the City Council could hold public hearings on questions of amending the zoning ordinance at regular and special Council meetings; and WHEREAS, on May 12 the Planning Commission held such public hearing. The public present at said:.hearing opposed the proposal. After the public hearing the Plannirg Commission voted to make its recommendation to the4City Council. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That after study it is the opinion of the Planning Commission that there is not any justification for the proposed amendment of the zoning ordinance; therefore it is the Planning Commission's recommendation that ARTICLE IX AMENDMENTS of Zoning Ordinance No. 1239 be not amended. PASSED AND APPROVED this ,(V*1*day of There being no further business, the meeting was adjourned. • E I Re#eictfully submitted, 6 L Date: