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HomeMy WebLinkAbout1965-12-21 Minutes45 MINUTES OF A CITY PLANNING COMMISSION MEETING • The City Planning Commission met at 3:30 p.m., Tuesday, December 21, 1965, in the City Council Room in the City Administration Building. This was a special meeting. Members present: J. F. Palmer, Ernest Jacks, Allan Gilbert, Wade Fincher, Clark McClinton, Suzanne Lighton, Henry Shreve, Bryan Walker, and Bill Dalton. (All members were present.) Others present: J. A. Vizzier, planning consultant; and 25 persons interested in rezoning petitions before Planning Commission. The meeting was called to order by Chairman J. F. Palmer. The Chairman said the purpose of the special meeting was to hold public hearings on 5 petitions for rezoning. Chairman Palmer reported the first petition to be heard would be -that of Loris Stanton for the rezoning from R-2 Two Family Residential District to R-3 Multi - Family Residential District of property at the northwest corner of intersection of East Dickson Street and North Olive Avenue. The property is,more particularly described as: A part of the NEw of the NWy of Section 15, Township 16 North, Range 30 West of the 5th Principal Meridian, County of Washington, State of Arkansas, being more particularly described as follows: Beginning at a point that is 835 feet West and 20 feet North of the Southeast Corner of the NE� of the N4 of said Section 15; thence North 105 feet; thence West 110 feet; thence South 105 feet; thence East 110 feet to the point of beginning. • Those persons in favor of the petition for rezoning were asked to speak. There was no-one not even the petitioner present to be heard in favor of the petition. Chairman Palmer asked the,opponents of said petition to speak. ALLEN DOWELL - 220 North Olive Avenue - said he was very much opposed to the rezoning. The zoning ordinance was designed and passed to promote orderly growth and to protect property owners. People bought property in the area with the zoning of aforesaid in mind. MR. DOWELL told the Planning Commission he knew zoning was necessary for growth, but he felt spot zoning to suit one persons was very undersirable. S. T. HUCKE - 365 North Olive Avenue - stated he did not wish to see the zoning changed. There is a duplex across the street from his property. He felt that apartment units would not improve the neighborhood. 111 1111111111 111 1111 Pill 1 11 iiiiiiii !111 !1111 111 11111 111111 1 .> .� 11•.. MRS. TED WYLIE - 309 Fletcher Avenue - said they had bought their property 11 years ago. She reported the property having had been zoned for single family residential use is now zoned R-2 Two Family Residential for single family or two family residential use. This change had come about without her knowledge. It was her feeling it would be a mistake to rezone the property for any use other than single family residential use. MEARL McKINNEY - 441 Sutton - opposed the change in zoning for the same reasons as • were discussed by ALLEN DOWELL and S. T. HUCKE. ELIZABETH ELLIS - 124 North Olive Avenue - built her home with knowledge of zoning 4� classification of property. She approved and understood the need for zoning regulations; however she hoped the property would remain zoned as it is. • MRS. MARION WASSON - 315 Sutton - preferred to see property remain zoned as it is. J. P. WEST - 526 East Lafayette Street - said he was opposed to multi -family housing. He requested the property remain zoned R-2. L. R. McGEHEE - 308 North Olive Avenue - owns-- duplex across street from the property described within petition. He felt duplexes in area were enough. He thought the number of units proposed by petitioner was too large for the lot size. J. A. WILLIAMS - 503 East Lafayette Street - was opposed to the change in zoning. PERRY OWEN - 231 Fletcher Avenue - was very much opposed to the rezoning of the property. LORIS STANTON, petitioner, arrived at the public hearing. MR. STANTON said he did not file the petition to stir up ill feelings. Over the years there has been a housing need in Fayetteville for elderly people who would like to live in the northeast part of the City. The area has been a blight area, particularly the block in question, for quite some time. The petitioner stated he was merely attempting to put the property of use and remove weeds, fire hazard, etc. He felt that the proposal would improve and help property value of neighboring property. As a realtor he would not want to devaluate property. There being no further discussion, Chairman Palmer reported the purpose of the • public hearing on the petition of Loris Stanton having been accomplished, the hearing on said petition was over. (Thirteen persons left the City Council Room.) Commission member Bryan Walker arrived at the meeting. The public hearing on the petition of P. F. Johnson and Herbert A: Lewis, Jr., was next. Within the petition was the request for rezoning from R-lA Single Family Residential District to C-2 Thoroughfare Commercial District of property on the west side of U. S. Highway 71 North. This property is more particularly described as: From the centerline of U. S. Highway 71 the West 660 feet of the following described tract: Part of the SW� of the SES of Section 26 in Township 17 North, Range 30 West, described as beginning at the NW corner of said 40 acre tract, and running thence East 795 feet; thence South 165 feet; thence East 525 feet; thence South 300 feet; thence West 525 feet; thence North 45 feet; thence West 420 feet; thence South 210 feet; thence West 375 feet; thence North 630 feet to the point of beginning, con- taining 13 Acres, more or less. The public hearing was declared open for discussion. The proponents were asked to be heard. MR. HERBERT LEWIS, JR., of Lewis Ford Sales, Inc., and MARSHALL CARLISLE, attorney, were present to represent the petition for rezoning. Mr. Carlisle said a portion of the property (300 feet by 300 feet) which is 525 feet in depth is already zoned C-2 Thoroughfare Commercial. The future plans are to locate the showrooms, office and shop building upon the area presently zoned C-2 and use that area being requested for rezoning for employee parking and for storage of new and used cars. • MRS. I. C. BRUCE - Highway 71 North - wanted to know how much land around her UN property was owned by Lewis Ford Sales, Inc. Mr. H. A. Lewis, Jr., answered her • question. Property west and south of her property is owned by Lewis Ford Sales, Inc., and either is zoned C-2 or is being requested to be zoned C-2. There was no further discussion on the petition. The Chairman reported the purpose of the public hearing having been accomplished, the hearing on the petition of P. F. Johnson and Herbert A. Lewis, Jr., was over. (Four persons left.) The public hearing on the petition of Washington Masonic Lodge was held. Said petitioners requested the rezoning from R -1B Single Family Residential District to R-3 Multi -Family Residential District of property on the east side of U. S. Highway 71 North. The property is more particularly described as: Part of the 594 of the SE4 of Section 26 in Township 17 North, Range 30 West, described as beginning at the NW corner of said 40 acre tract, and running thence East 795 feet; thence South 165 feet; thence East 525 feet; thence South 300 feet; thence West 525 feet; thence North 45 feet; thence West 420 feet; thence South 210 feet; thence West 375 feet; thence North 630 feet to the point of beginning, containing 13 acres, more or less. J. F. Palmer, Chairman, declared the public hearing open for discussion. The proponents were asked to be heard. EDWARD B. MERIWETHER and TDM EADS were present to represent the Washington Masonic people. Mr. Meriwether told the Planning Commission the property being considered was purchased from Audie Millsap with the intention of building if the property were • rezoned. The dedicated 50 foot right of way for street to the south would serve as access to the Masonic property. With the 7 acres there would be plently of space for required parking, setbacks, etc. AUDIE MILLSAP said she had sold the property with the understanding it would be used for a new Masonic Lodge building. She had even dedicated property to the south for 50 foot street to be known as Masonic Drive. Within the deed there are restrictions prohibiting night clubs, used car lots, etc. Also prohibited according to Mrs. Millsap is apartment (residential) use. Henry Shreve, member of the Planning Commission, arrived. After discussion of the apartment use of the property if rezoned, the Chairman asked the opponents to be heard. There was no one present who voiced any objection to the petition. There being no further discussion and the purpose of the public hearing having been accomplished, the Chairman reported that the hearing on the petition of Washington Masonic Lodge was over. (Two persons left the Council Room.) The Chairman declared the public hearing open for discussion on the petition of Audie Millsap and Frank Potts for the rezoning from R -1B Single Family Residential District to C-2 Thoroughfare Commercial District of property north of Millsap Road • on the east side of U. S. Highway 71 North. The property is more particularly described as Part of the NE4 of the SE4 of Section 26, Township 17 North, Range 30 W West described as beginning at a point Which is 512.25 feet South of the NW corner • of the NEr of the SE� of said Section 26 to a point on the center line of U. S. Highway 71 for a beginning point; thence North 841 East 436 feet; thence SouttL 400 East 225.75 feet; to the center line of Cemetery Road; thence South 84° West with the center line of said road 458 feet to the center line of U. S. Highway 71, thence North along the center line of U. S. Highway 71 to the place of beginning. Those persons in favor of the petition were asked to speak. WALTER NIBLOCK, attorney, was present to represent the petitioners. Mr. Niblock said the property being requested for rezoning is north of J. C. Coals property and includes the Millsap rest home. The purpose of the request is so the property may be developed for commercial use. There are no specific use planned for the property at the present. There being no one present to voice any objections to the petition and there being no further discussion, Chairman Palmer reported the purpose of the public hearing on the petition of Audie Millsap and Frank Potts having been accomplished, the hearing on said petition was over. The last rezoning petition to be heard was that of J. H. Hellums and Herbert Storthz. The petitioners requested the rezoning from R -1A Single Family Residential District to R-3 Multi -Family Residential District of property on the east side of North Garland Avenue. The propert is more particularly described as: A tract of land situated in the NW41 of the SWI of Fractional Section 4, Township 16 North, Range 30 West of the 5th Principal Meridian, located in Washington County, Arkansas, • more particularly described as follows: Beinning at a point that is 104.0 feet South of the NW corner of the NWJ of the SW -4k of said Fractional Section 4; thence South 556.0 feet; thence North 890 39' East, 664.0 feet; thence North 00 16' West, 556.0 feet; thence South 390 39' West, 661.5 feet to the point of beginning less and except all that part lying in the right of way of State Highway No. 112 and containing 8':4 acres, more or less. The Chairman declared the hearing open for discussion. The proponents were given an opportunity to be heard. WALTER NI LOCK, attorney, attended the hearing to represent the petitioners. Mr. Niblock said the rezoning was requested to permit the development of the land for garden apartments. The Chairman requested the opponents of said petition be heard. There were no opponents present. There were no questions or discussion; therefore the purpose of the public hearing having been accomplished, the Chairman declared the hearing on the petition of Herbert L. Storthz and J. H. Hellums over. The remainder of the public left the City Council Room. On motion by Henry Shreve, seconded by Allan Gilbert, the Planning Commission unanimously voted to deny the petition of Loris Stanton for the rezoning from R-2 Two Family Residential District to R-3 Multi -Family Residential District of property • described as: A part of the NEy41 of the 9114 of Section 15, Township 16 North, Range 30 West of the 5th Principal Meridian, County of Washington, State of Arkansas, being more • particularly and 20 feet North thence North 105 feet to the point presently felt to • 40 M described as follows: Beginning at a point that is 835 feet West of the Southeast Corner of the NE4 of the NWy of said Section 15; feet; thence I -lest 110 feet; thence South 105 feet; thence East 110 of beginning. The introduction of a new type of land use was not be desirable. WHEREAS, a public hearing was held by the Planning Commission Tuesday, December 21, 1965, fifteen (15) days after a sign was erected on the property and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the public hearing a quorum of the Planning Commission was present, and the Planning Commission voted to make a recommendation to the City Council on the petition of Loris Stanton for rezoning. NOW, THEREFORE, EE IT RECOMMENDED BY THE PLANNING COMMISSION TO THE CITY COUNCIL OF THE CITY a' FAYETTEVILLE, ARKANSAS, SECTION 1. That the petition requesting the rezoning of property described as follows from R-2 Two Family Residential District to R-3 Multi -Family Residential District be denied'. A part of the NEt of the NGT of Section 15, Township 16 North, Range 30 West of the 5th Principal Meridian, County of Washington, State of Arkansas, being more particularly described as follows: Beginning at a point that is 835 feet West and 20 feet North of the Southeast Corner of the NE� of the NWy of Section 15; thence North 105 feet; thence West 110 feet; thence South 105 feet; thence East 110 feet to the point of beginning. SECTION 2. That the rezoning of the above-described real estate would introduce a new type of land use which presently is not felt to be desirable. PASSED AND APPROVED this a/ at The petition of P. F. Johnson and Herbert A. Lewis, Jr., was given consideration. On motion by Bill Dalton, seconded by Clark McClinton, the Planning Commission unanimously voted to recommend to the City Council the rezoning from R -1B Single Family Residential District to C-2 Thoroughfare Commercial District of property described as: From the centerline of U. S. Highway 71 the West 660 feet of the following described tract. Part of the SWy of the SE' of Section 26 in Township 17 North, Range 30 West, described as beginning at the NUI corner of said 40 acre C,p tract, and running thence East 795 feet; thence South 165 feet; thence East • 525 feet; thence South 300 feet; thence West 525 feet; thence.North 45 feet; thence West 420 feet thence South 210 feet; thence West 375 feet; thence North 630.feet to the point of beginning, containing 13 acres, more or less. RESOLUTION PC 3145 WHEREAS, a public hearing was held by the Planning CommissionTuesday, December 21, 1965, fifteen (15) days after a sign was erected,on the property and after a notice'was.published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREA6,.after the public hearing a quorum of the Planning Commission was present, and the Planning Commission voted to make a recommendation to the City Council on the petition of Lewis Ford Sales, Inc. (Herbert Lewis, Jr.) and P. F. Johnson and Betty Johnson for rezoning. NOW, THEREFORE,'BE IT RECOMMENDED 'BY THE PLANNING COMMISSION TO THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS, SECTION 1. That an ordinance be adopted for the purpose of rezoning from R -IB Single Family Residential District to C-2 Thoroughfare Commercial District that portion of the following described property not already zoned • C�2 Thoroughfare Commercial District. From the centerline of U. S. Highway 71 the west 660 feet of the following described tract: Part of the SW4 of the SE4 of Section 26 in Township 17 North, Range 30 West, described as beginning at the NW corner of said 40 Acre Tract, and running thence East 795 feet; thence South 165 feet; thence East 525 feet; thence South 300 feet; thence West 525 feet; thence North 45 feet; thence West 420 feet; thence South 210 feet; thence West 375 feet; thence North 630 feet to the point of beginning, containing 13 Acres, more or less. SECTION 2. That said C-2 commercial zoning of the above-described real estate is necessary for the use to which it will be put, PASSED AND APPROVED this 21st day of December , 1965. APPROVED: i r W-WM-W-W-wl Discussion was had on the petition of Washington Masonic Lodge. On motion • by Clark McClinton, seconded by Bryan Walker, the Planning Commission unanimously voted to recommend to the City Council the rezoning from R -IB Single Family Residential District to R-3 Multi -family Residential District property described within the petition of Washington Masonic Lodge and within the Resolution PC 3245 below after checking their deed to determine if multi -family residential use is prohibited and if not after necessary steps are taken by the Masonic people to impose restrictions upon their property for the purpose of prohibiting multi -family residential use. RESOLUTION PC 3245 WHEREAS, a public hearing was held by the Planning Commission Tuesday, December 21, 1965, fifteen (15) days after a sign was erected on the property and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the public hearing a quorum of the Planning Commission was present, and the Planning Commission voted to make a recommendation to the City Council on the petition of Washington Masonic Lodge for rezoning. NOMI, THEREFORE, BE IT RECOMMENDED BY THE PLANNING COMMISSION TO THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That the City Council adopt an ordinance for the purpose • of rezoning from R -IB Single Family Residential District to R-3 Multi -Family Residential District property described as follows: Part of the NEJ of the SE4 of Section 26, Township 17 North, Range 30 West, beginning at a point 759 feet South of the NE corner of said 40 acre tract, and running thence South 561 feet, more or less, to the SE corner of said 40 acre tract, thence West 685.5 feet, thence North 655 feet, more or less, to the center of Cemetery Road, thence 20 feet Northeasterly with the center of said road, thence South 275 feet, more or less, to the SW corner of a lot conveyed by Grantor to William Keeton, thence East 298. feet, thence North 320 feet, more or less, to the center of Cemetery Road, thence Northeast 30 feet along center line of Cemetery Road, thence South 116 feet to a point due West of beginning point, thence East 354 feet to the place of beginning, containing 7.92 Acres, more or less, and except a strip of land 50 feet wide off the south to be used as right of way. SECTION 2. That the above-described property be zoned Rr3 so it may be used for building site of new lodge. PASSED AND APPROVED this 21st day of December , 1965. • APPROVED: J. F. PALMER, CHAIRMAN 5'✓ After discussion of the petition filed by Audie Millsap and Frank Potts for • rezoning from R -1B Single Family Residential District to C-2 Thoroughfare Commercial District of property north of Millsap Road and east of U. S. Highway 71 North, Bill Dalton moved that the Planning Commission recommend to the City Council the rezoning from R -1B to C-2,as petitioned, the following described real estate: Part of the NElr, of the SES of Section 26, Township 17 North, Range 30 West described as beginning at a point which is 512.25 feet South of the NW corner of the NEk of the SE4 of said Section 26 to a point on the center line of U. S. Highway 71 for a beginning point; thence North 840 East 436 feet; thence South 40° East 225.75 feet; to the center line of Cemetery Road; thence South 840 West with the center line of said road 458 feet to the center line of U. S. Highway 71, thence North along the center line of U. S. Highway 71 to the place of beginning. The motion was seconded by Henry Shreve and passed unanimously. RESOLUTION PC 33-65 WHEREAS, a public hearing was held by the Planning Commission Tuesday, December 21, 1965, fifteen (15) days after a sign was erected on the property • and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the public hearing a quorum of the Planning Commission was present, and the Planning Commission voted to make a recommendation to the City Council on the petition of Audie V. Millsap and Frank Potts for rezoning. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING COMMISSION TO THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE) ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from R -1B Single Family Residential District to C-2 Thoroughfare Commercial District as petitioned property described as follows: Part of the NE4 of the SE4 of Section 26, Township 17 North, Range 30 West described as beginning at a point which is 512.25 feet South of the NW corner of the IQ of the SE4 of said Section 26 to a point on the center line of U. S. Highway 71 for a beginning point; thence North 840 East 436 feet; thence South 400 East 225.75 feet; to the center line of Cemetery Road; thence South 840 West with the center line of said road 458 feet to the center line of U. S. Highway 71, thence North along the center line of U. S. Highway 71 to the place of beginning. . SECTION 2. That the above-described property be zoned C-2 so that it may be developed for commercial use. r"� PASSED AND APPROVED this 21st day of December 1965. • APPROVED: J. F. PALMER, CHAIRMAN On motion by Allan Gilbert, seconded by Clark McClinton, the Planning Commission unanimously voted to recommend to the City Council the rezoning from RIA Single Family Residential District to R-3 Multi -Family Residential District of property described as: A tract of land situated in the NWS of the SW� of Fractional Section 4, Township 16 North, Range 30 West of the 5th Principal Meridian, located in Washington County, Arkansas, more particularly described as follows: Beginning at a point that is 104.0 feet South of the NW corner of the NW� of the SWk of said Fractional Section 4; thence South 556.0 feet; thence North 890 39' East, . 664.0 feet; thence North 00 161 West, 556.0 feet; thence South 390 39' West, 661.5 feet to the point of beginning less and except all that part lying in the right of way of State Highway No. 112 and containing 8.4 acres, more or less. • RESOLUTION PC 3445 WHEREAS, a public hearing was held by the Planning Commission Tuesday, December 21, 1965, fifteen(15) days after a sign was erected on the property and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WHEREAS, after the public hearing a quorum of the Planning Commission was present, and the Planning Commission voted to make a recommendation to the City Council on the petition of Julius H. Hellums and Elizabeth Falls Hellums and Herbert L. Storthz for rezoning. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING COMMISSION TO THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That the City Council adopt an ordinance for the purpose of rezoning from R -1A Single Family Residential District to R3 Multi Family Residential District property described as follows: A tract of land situated in the NWj of the SW� of Fractional Section 4, Township 16 North, Range 30 West • of the 5th Principal Meridian, located in Washington County, Arkansas, more particularly described as follows: 10 rA Beginning at a point that is 104.0 feet South of the NW corner of the NW� of the SW� of said Fractional Section 4; thence South 556.0 feet; thence North 890 39' East, 664.0 feet; thence North 00 161 West, 556.0 feet; thence South 390 39' West, 661.5 feet to the point of beginning less and except all that part lying in the right of way of State Highway No. 112 and containing 8.4 acres, more or less. SECTION 2. That said R3 multi -family zoning of the above-described property is felt to be desirable. PASSED AND APPROVED this 216t day of December , 1965. APPROVED: J. F. PAIMER, CHAIRMAN There being no further discussion or business, the meeting was adjourned. is Approved: Chairman 40 rtUrI34fiJ1r—W- 71%VUr7r*l1 Secretary Date: SUBPOENA IN THE CHANCERY COURT STATE OF ARKANSASI COUNTY OF WASHINGTONJ}ss. The State of Arkansas to the Sheriff of Washington County—Greeting: WE COMMAND YOU TO SUMMON. ---------- _Donnetta--Hswktns---- ---------------- ---------------- --- - --- - ----— —Duces Ticum a12_�eRQrfl_efid__ieEo[l1D_�teiCAining--tn---------- --the_-below.-named--suft--- --------------------- -------------- ------ ..--------------- ------------------- ------------- -- ---------- to appear before the Chancery Court of Washington County, Arkansas, on the.__—___31,t_ --- _----------------- day of Oc her ---- o-fn_4___19 66., forthwith to testify and the truth to speak on behalf of Plaintiflo_g_ _. is a cause now pending in said court whereas ------- -Jerr .�+metser----------------------------- -- -------------- — - - — - -- -- -- - --- - ----- ------ Defendant-- and have you then and there this writ, and a return thereon showing in what manner you may have executed WITNESS my hand and seal as Clerk of said Court, s_ _____}l-st------ -----_-_-day f_—�t�r__-19 � f� �"� Clerk By------ -------- ------ -- -- - — . D. C. WCES mum, SUBPOENA IN THE CHANCERY COURT 17977 STATE OF ARKANSAS) Ss' COUNTY COUNTY OF WASHINGTON The State of Arkansas to the Sheriff of Washington County—Greeting: WE COMMAND YOU TO SUMMON --- Kra.__Donett:e_9awkine,_.JL_ta__bring__rith-her __the____________ mYfltsr_@gt__plen_oY_the _City of Fayette_v__111e�_Arkanaee�______ to appear before the Chancery Court of Washington County, Arkansas, on the ______lat---_---------------------- day of - ---- Rovemhez------------------ 18&___, forthwith to testify and the truth to speak on behalf of PlaintiffDp4_— is a cause now pending in said court whereas __----_--------------- -----------_-----------___-_________------------_----- ptXULAMUSAMM nt ___. . -----------------------,Iezzy__SvEeteac_,i_BeflLaLt__3lfSltnai_------ ---- ------- ------------ ----is Plaintiff--- — ------ tt4t"—f--Fayet-tevi-l-ler--et-a-I -------------------- -- --------------------- _ -----is Defendant ------ and have you then and there this writ, and a return thereon showing in what manner you may have executed the same. WITNESS my hand and seal as Clerk of said Court, hi _ t_-_----- __ �� ay of�LNovdmb�_._19 .1i6 ---- -- - - --< —=kerk By----------------------------------------------- D. C.