HomeMy WebLinkAbout1966-01-18 Minutes�h
• MINUTES OF A CITY PLANNING COMMISSION MEETING
The City Planning Commission met in a regular meeting at 4:00 p.m., Tuesday,
January 18, 1966 in the City Council Room in the City Administration
Building. (This meeting was to have been held January 11, but a quorum
could not be present.)
Members present: Allan Gilbert, Bill Dalton, James Mashburn, Wade Fincher,
Ernest Jacks, and Henry Shreve.
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Others present: Audie Milleap; Frank Potts and his wife; Richard Greer;
Mr. Armstrong; Walter Niblock, attorney; and J. A. Vizzier.
On motion by Allan Gilbert, seconded by Henry Shreve, the Planning Commission
unanimously voted to elect Bill Dalton as Chairman pro tem.
The meeting was called to order by Bill Dalton.
The minutes of December 7, 1965, and December 21, 1965, were approved as
written and mailed to the members.
Mr. Dalton asked the planning consultant for his report on two rezoning
petitions. Mr. J. A. Vizzier told the Planning Commission the City Council
• had referred back to the Planning Commission the petition of Audie Millsap
and Frank Potts for rezoning from R -IB to C=2 property north of Millsap
Road (Cemetery Road) and east of U. S. Highway 71 North and the petition of
J. Hellums and H. L. Storthz for rezoning of property on east side of
Garland Avenue from R41A to R-3. On both petitions the dedication of street
rights of way was suggested by the City Council before rezoning.
Richard Greer of Greer Abstract Company was present to furnish information
on Millsap Road (Cemetery Road). Mr. Greer said the road had existed for
many years and had been widened at one time by giving 10 feet on both the
north and the south side. Question now is what was the center line of this
road when annexed to the City. Mr. Greer requested the true center of the
road be determined by survey before 25 feet of right of way be dedicated;
the right of way be acquired by negotiation; and the rezoning not hinge
on the requirement of right-of-way dedication.
After discussion, on motion by Allan Gilbert, seconded by Henry Shreve,
the Planning Commission unanimously voted to recommend to the City Council
the rezoning of property first hereinafter described from R -1B to CQ as
petitioned by Frank Potts and Audie Millsap:
Part of the NE4 of the SEk 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 NE4
of the SA 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 to the place of
beginning.
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It is the opinion of the Commission the 25 feet right of way from the true
• centerline of Millsap Road can be acquired from the property owner on the
north side of said road by negotiation; therefore, the rezoning of the
property should not be considered upon.the dedication of the right of way.
RESOLUTION PC 146
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
in 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; and
WHEREAS, the City Council at its regular meeting January 3, 1966, referred
said petition back to.the Planning Commission for the purpose of studying and
giving consideration to rezoning the property subject to the dedication by
deed of 25 feet for street right of way north of center line of Millsap
(Cemetery) Road; and
WHEREAS, at its regular meeting January 18, 1966, a quorum of the Planning
Commission gave consideration to the request of the City Council and voted to
make a recommendation.
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 as petitioned and as recommended by Resolution PC 33-65 from the
Planning Commission of the property described as follows:
Part of the NE� of the SE� 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 SEJ 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 rezoning from Rt1B to C�2 of the above described
property not be conditioned upon the dedication of the 25 feet of street
• right of way. In the opinion of the Planning Commission this 25 feet for
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street right of way can be acquired by negotiation.
• SECTION 3. That the property described in Section 1 be zoned C=2
so it may be developed for commercial purposes.
PASSED AND APPROVED this 18th day of January , 1966.
ATTEST:
ERNEST JACKS, SECRETARY PRO TEM.
ki3d;7.1t��1�A
CLARK MCCLINTON, CHAIRMAN PRO TEM.
The rezoning petition of J. Hellums and H. L. Storthz also was referred back
to the Planning Commission for consideration of the dedication of a 25 foot
right of way on the south side of the property in question for street. Walter
Niblock, attorney representing Mr. Storthz, told the Planning Commission his
client would be willing to comply with city regulations and requirements.
During this discussion it was pointed out the preliminary subdivision plat
had been filed for development of the property and the street right of ways prob-
ably could be worked out on the subdivision plat.
It was moved by Allan Gilbert and seconded by Ernest Jacks that the Planning
• Commission recommend to the City Council the rezoning from Rr1A to R-3 of
property as petitioned by J. Hellums and H. L. Storthz and described as:
A tract of land situated in the NWk of the SWk 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 SW4 of said Fractional Section 4; thence
South 556.0 feet; thence North 800 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..
and that said rezoning not be conditioned upon the dedication of street right
of way to the south as this right of way problem can be worked out on the
preliminary subdivision plat which has been submitted to the Planning
Commission. The motion passed unanimously.
• WHEREAS, a public hearing was held by the Planning Commission Tuesday,
December 21, fifteen (15) days after a sign was erected on the property and
after a notice was published in the Northwest Arkansas Times, a newspaper
in 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 Halls
Hellums and Herbert L. Storthz for rezoning; and
WHEREAS, the City Council at its regular meeting January 39 1966,
referred said petition back to the Planning Commission for the purpose of
studying and giving consideration to rezoning the property subject to the
dedication by deed of 25 feet for street right of way on the south side of
the property; and
WHEREAS, at its regular meeting January 18, 1966, a quorum of the
Planning Commission gave consideration to the request of the City Council
-and voted to make a recommendation.
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 -IA Single Family Residential District to Rr3 Multi Family Residential
District as petitioned and as recommended by Resolution PC 34-65 from the
Planning Commission the property described as follows:
A tract of land situated in the NW� of the SW4 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 NWk
of the SW4 of said Fractional Section 4; thence South 556.0
feet; thence North 800 391 East, 664.0 feet; thence North
00 161 West, 556.0 feet; thence South 390 390 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 the rezoning from Rrlk to Rr3 of the above described
property not be conditioned upon the dedication of 25 feet for street right
of way to the south. Alpreliminary subdivision plat has been filed for
residential development of the above described property and the street right
of way problem can be worked out on the subdivision plat.
PASSED AND • ED January
ATTEST: APPROVED:
ERNEST JACKS, SECRETARY PRO TE.' CLARK MCCLINTONo CHAIRMAN• TERe
propertyMr. Armstrong appeared before the Planning Commission to discuss
he owns on Highway 45 East. Mr. Armstrong asked from the Planning
property Commission
assurance that if he petitioned for annexation his
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either R-2 or R3. The,Planning'Commission told Mr. Armstrong no guarantee
could be given as to the zoning classification after annexation.
Next consideration was given to Richard Greer's lot division problem. The
property is to be divided into three lots and is located between Leverett
Avenue and Storer Avenue .on the north side of Iawson Street. Henry Shreve
moved that the Planning Commission approve the division of one large tract
into three lots and that Richard Greer include this lot division on his
informal plat of "Butterfield 8" which includes the large tract. The motion
was seconded by Allan Gilbert and passed unanimously.
Further discussion was had on the rezoning petition filed by Washington
Masonic Lodge, J. A. oizzier reported the deed did not restrict the residential
use of the property to single family dwellings. Allan Gilbert moved that the
Planning Commission reconsider its action of December 21 on the petition of
Washington Masonic Lodge and recommend to the City Council the rezoning
without restrictions on the residential use -of property from R -IB to R-3
described as follows:
Part of the NEt of the SEt 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.
The motion was seconded by James Mashburn. Upon roll call the following vote
was recorded: Gilbert, Fincher, Shreve and Mashburn "Aye" and Jacks "Nay".
There being four "Ayes" and one "Nay", Bill Dalton declared the motion passed.
Bill Dalton reported to the Planning Commission on a building problem confronting
Paul Bond on4struction of an apartment building on Highway 16 East. Paul Bond
had applied for a building permit to convert an existing structure located on
the north side of Highway 16 East approximately 450 feet east of West Fork Bridge
to a four (4) unit apartment building. The permit was denied because multi-
family use is prohibited in the A-1 Annexed Territory zoning district. After
discussion Allan Gilbert moved that the Planning Commission recommend to the
City Council that the building inspector be authorized to issue a building permit
to Paul Bond for the conversion of an existing structure on the north side of
Highway 16 East approximately 450 feet east of West Fork Bridge into a four
(4) unit apartment building. The motion was seconded by Henry Shreve and passed
• unanimously.
•
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RESOLUTION PC 3-66
WHEREAS, the Planning Commission has under study the zoning of property
on Highway 16 East annexed to the City of Fayetteville on September 7, 1965, and
automatically zoned A-1 Annexed Territory at the time of annexation; and
WHEREAS, it will be two more months before the study and zoning will have
been completed.
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 authorize the City Building Inspector to
issue to Paul Bond a building permit to convert an existing structure to a four (4)
unit apartment building. The structure is on the north side of Highway 16 East
approximately 450 feet east of the West Fork Bridge and it is located in an A-1
zone.
PASSED AND APPROVED this
/b'
day of22�rc,
1966.
ATTEST:
APPROVED:
ERNEST JACKS, SECRETARY PRO TEM CLARK McCLINTON,CHAIRMAN• TEM
XXXXXIXX
Bill Dalton i F. - . .the PlanningCommission.. need . elect temporary
.
officers until the regular annual meeting in February,
The nominations for Chairman pro tem were open. Henry Shreve nominated Clark
McClinton for Chairman pro tem. Allan Gilbert moved that the nominations cease.
The motion was seconded by James Mashburn and passed unanimously. Clark -'McClinton
was unanimously elected Chairman pro tem by acclamation.
nominationsThe open forVice Chairmanpro ]IIAllanGjLbert nominated
Bill Dalton. James Mashburn moved that the nominations cease. The motion
seconded by Henry Shreve and passedunanimously. DaltonII• i elected Vice II.1 • • ll iby acclamation. •I
The nominations were open for Secretary pro tem. Allan Gilbert nominated Ernest
Jacks for Secretary pro tem. Wade Fincher moved that the nominations cease. The
motion was seconded by Henry Shreve and passed unanimously. Ernest Jacks was
unanimously elected Secretary pro tem by acclamation.
ATTEST:
APPROVED:
0 ERNEST JACKS, SECRETARY PRO TEM CLARK McCLINTON, CHAIRMAN PRO TEM