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HomeMy WebLinkAbout1966-03-22 Minutes-1V MINUTES OF A CITY PLANNING COMMISSION MEETING The City Planning Commission met in a special meeting at 4:00 p.m., Tuesday, March 22, 1966, in the Board of Directors" Room in the City Administration Building. Members present: Clark McClinton, Ernest Jacks, Henry Shreve, Bill Dalton, Bryan Walker, Allan Gilbert and James Mashburn. Members absent: Byron Boyd and Wade Fincher. Others present: J. A. Vizzier, planning consultant; Paul Jameson, attorney; Walter Niblock, attorney; Huey Bullington, petitioner; Bass Trumbo, attorney; and 25 persons interested in the business items on the agenda. The meeting was called to order by Chairman Clark McClinton. The Chairman stated that the spokesman for the'petitioners protesting the rezoning petition of Huey Bullington and Roy Adams had requested permission to give additional facts in support of their cause at this meeting. The Chairman said they, would noir be given time to present said facts. WALTER BROWN (1138 North Vandeventer) gave additional information to the Planning Commission as to the zoning and the uses permissible under the old zoning regulations. He said E. E. Gose, a member of the Planning Commission - • at the time the present regulations were being prepared, said the Planning Commission intentionally omitted any zones which permitted doctors' offices as they intended the area to be zoned and developed for single family residential use. Mr. Brown mentioned the public hearing held in 1962. In the minutes of the Planning Commission public hearing it was pointed out that the property was zoned "C^ Multiple Family Residence District prior to June 1960. Mr. Brown said he feels that the present classification is more adequate. He asked about Roy Adams' position. Mr. Brown felt there should be some word from Mr. Adams before any action was taken. Mr. Brown also asked the Planning Commission what future plans they had for North Street. He said he felt the property should not be spot zoned. Mr. Brown requested the Planning Commission to deny the petition for rezoning until a land use study is made. Mr. Brown remarked that the area from Park to Township is predominately a residential area. If the property requested were rezoned, a parking problem would develop across from the hospital. Again it was pointed out that the hospital already has a parking problem. Mr. Brown said he felt that Mr. Bullington had no larger investment in his half block than the least investment others had in their homes and lots. PAUL JAMESON (1001 Park Street) said he had a few points he wished to make. First, in reference to the alleged mistake made by the City Council or by • the draftsman who prepared the map he questioned the point in arguing about the recollection of someone as to the intention of approving or not approving l zoning to permit doctors' offices. Mr. Jameson pointed out that regardless • of what was intended the zoning map very clearly showed the property in question zoned for residential (single family) use. He asked why, if there was a mistake made, Mr. Bullington did not petition the City Council and ask for an amendment. Also, it is the understanding of the Fayetteville citizens that a comprehensive planning program will soon be underway. He felt that as close as a long range plan is that this matter should be brought up then. The third point he made was the proposed six story office building. Mr. Jameson said it did not make any difference what the petitioner said he will build. Once the property is rezoned he can do anything that is permitted within the C-2 zone. The area is definitely residential. The property value for residential property will decrease. Commercial spot zoning will become larger. Mr. Jameson said he had talked to Mr. Adams and Mr. Adams said he did not want a commercial (C-2) zone next to him. WALTER NIBLOCK, attorney for petitioners, said he wished to make a few comments. He said Roy Adams had signed the petition with knowledge of the request being made. Mr. Niblock said during the discussion at the public hearing March 11 nothing was mentioned of a six story building. The petitioner proposed a two story or possible a three story building. As far as errors made are concerned, he had talked to Ellis Burgin and Bryan Walker who were members of the City Council at the time the changes discussed were being made. All were sure the • property had been and was to be zoned to permit doctors' offices. HDEY BULLTNGTON (1036 Highland Avenue) said the points mentioned during the meeting March 1 and the meeting today had become ridiculous. He felt that consideration should be given to the area described within the petition. Bryan Walker left the meeting. JERRY SWEETSER, who owns property on North Street and Gregg Avenue, stated in his opinion the property was desirable for commercial zoning and use. He questioned the change requested being spot zoning. He pointed out that the property of Roy Adams and Huey Bullington joins a C-2 zone to the east. There being no further discussion, the Chairman thanked the people for coming to the meeting. The Chairman continued with the business. The Chairman dispensed with the order of the agenda. The petition of Joe F. Starr and Don Tyson to vacate Bell Avenue and Taylor Street a/k/a Hopper Street was heard. BASS TRUMBO, attorney for the petitioners, presented the petition to the Planning Commission, Mr. Trumbo said the present location of the streets will interfere with the proposed use of the property. He pointed out the north portion of the property had recently been rezoned for multi -family use. Once the streets are vacated then the petitioners can proceed with their plans for • development of multi -family dwelling units. Mr. Trumbo said he felt the city would benefit from the revenues which the apartment buildings would bring. He said the streets had not been used since they were platted in 1946. q Approval of vacating said streets had been given by all utility companies • except the Water and Sewer Department of the City of Fayetteville. Mr. W. C. Smith, Water and Sewer Department Superintendent, said there were water and/or sewer mains in one of the streets and perhaps in both streets. Mr. Smith said easements would need to be provided for these mains. Mr. Trumbo told the Planning Commission that the petitioners would provide these easements. JERRY SWEETSER told the Planning Commission he owned property between Leverett Avenue and Bell Avanue and to his knowledge was the only property owner involved by the street closing. Mr. Sweetser objected to the street, Bell Avenue, being vacated as it was the only access he had to his property. He requested the Planning Commission to defer action until the petitioners could provide him with access to his property, as they had agreed to do. He said Bell Avenue north from Cleveland Street up to his property was useable, but the public did not enter Bell Avenue from Cleveland Street. The public instead uses his private drive between Bell Avenue and Leverett Avenue as a street. Mr. Trumbo repeated to the Planning Commission that the petitioners wanted to vacate streets which had been platted but unopened and not used: He said the petitioners planned to relocate the streets. Mr. Trumbo felt the Planning Commission should not delay action on the petition before them so that a side agreement could be worked out by Mr. Sweetser. The Planning Commission members had not questions to ask. Henry Shreve moved that the Planning Commission recommend to the Board of • Directors that a portion of Bell Avenue and a portion of Taylor Street a/k/a Hopper Street described as: All that portion of Taylor Street which is described as follows: Beginning at the SW corner of Lot 8 of the Hopper Addition to the City of Fayetteville, Arkansas, and running thence South 30 feet, thence in a easterly direction with the southern boundary of Taylor Street 495.90 feet more or less to the NE corner of Lot 20; thence 30 feet; thence West with the northern boundary of said street to the point of beginning. All that portion of Bell Avenue beginning at 11.2 feet South of the NE corner of Lot 5 of the Hopper Addition to the City of Fayetteville, and running thence North with the western boundary of Bell Avenue to the NE corner of Lot 11 in the Hopper Addition; thence East 40 feet; thence South with the eastern boundary of Bell Avenue to a point which is 40 feet East of the point of beginning; thence West 40 feet to the point of beginning. be vacated provided Jerry Sweetser can be satisfied on an easement for access to his property. The motion was seconded by Allan Gilbert and passed unanimously. is RESOLUTION PC 1146 WHEREAS, the petition of Jbe Fred Starr and Don Tyson, Trustees, for vacating and abandoning a portion of Taylor Street a/k/a Hopper Street, and Bell Avenue was submitted to the Planning Commission for recommendation; and WHEREAS, at a meeting on March 22 the Planning Commission voted to make a recommendation to the Board of Directors on said petition. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING COMMISSION TO THE BOARD OF DIRECTORS TO THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That the Board of Directors enact an ordinance for the purpose of vacating and abandoning that portion of Taylor Street a/k/a Hopper Street, and Bell Avenue described below provided Jerry Sweetser can be satisfied on an easement from the petitioners, Joe Fred Starr and Don Tyson, for access to his property. All that portion of Taylor Street which is described as follows: Beginning at the SW corner of Lot 8 of the Hopper Addition to the City of Fayetteville, Arkansas, and running thence South 30 feet, thence in a easterly direction with the southern boundary of Taylor Street 495.90 feet more or less to the NE corner of Lot 20; thence North 30 feet; thence West with+the northern • boundary of said street to the point of beginning. All that portion of Bell Avenue beginning at 11.2 feet South of the NE corner of Lot 5 of the Hopper Addition to the City of Fayetteville, and running thence North with the western boundary of Bell Avenue to the NE corner of Lot 11 in the Hopper Addition; thence East 40 feet; thence South with the eastern boundary of Bell Avenue to a point which is 40 feet East of the point of beginning; thence West 40 feet to .the point of beginning. PASSED AND APPROVED this 22nd day of March 1966. ATTEST: APPROVED: ERNEST JACKS, SECRETARY CIARK C. MCCLINTON, CHAIRMAN The Chairman suggested the Planning Commission members make a recommendation on the petition of Huey &111ington and Roy Adams for rezoning if they were • Ernest Jacks moved that the Planning Commission recommend to the Board of Directors that the hoard either defer action on the petition of Huey Bullington and Roy Adams for the rezoning from R -IB to C-2 of Block 8 in A. L. Trent's Revised Plat of City Park Addition to the City of Fayetteville, • Arkansas, until a land use study is made or that the Board deo the petition. The motion was seconded by Henry Shreve and passed unanimously. RESOLUTION PC 12-66 WHEREAS, a public hearing was held by the Planning Commission Tuesday, March 10 1966, 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, at another meeting held March 22 a quorum of the Planning Commission was present, and the Planning Commission voted to make a recommendation to the Board of Directors on the petition of Huey Bullington and Roy Adams for rezoning. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That the Board of Directors delay taking action on the petition of Huey Bullington and Roy Adams for the rezoning from R -1B Single Family Residential District to C-2 Thoroughfare Commercial District of all lots in Block 8 of A. L. Trent's Revised Plat of City Park Addition to the City of Fayetteville, Arkansas, until a land use study has been made. • SECTION 2. That if the Board of Directors should feel action could not be delayed, then the petition of Huey Bullington and Roy Adams for the rezoning of property described in above Section 1 be denied. PASSED AND APPROVED this 22nd day of March , 1966. ATTEST: APPROVED: ERNEST JACKS, SECRETARY CIA RK C. MCCLINTON, CHAIRMAN The Chairman continued with the business meeting by asking for the report from the Subdivision Committee. The preliminary subdivision plat of Red Arrow Subdivision No. 2 located west of Ashwood Street and south of Eighteenth Street was discussed. After discussion, Bill Dalton moved that the Planning Commission return the pre- liminary plat of Red Arrow Subdivision No. 2 to the subdivider and his engineer for several corrections and for additional information requested by the Subdivision Committee and information required by the Subdivision Regulations (Ordinance No. 1245). The motion was seconded by Henry Shreve and passed unanimously. 0 James Mashburn, a member of the Planning Commission.,:arrived at the meeting, The preliminary subdivision plat of Country Club Estates, located in the • southeast part of the City; was discussed. On motion by Bill Dalton, seconded by Henry Shreve, the Planning Commission unanimously voted to approve the preliminary plat of Country Club Estates provided the following information is shown on the final plat: 1. Street names; 2. Correct number of lots; 3. Easements as requested by the utility companies have been provided; 4. Complete legal description is furnished; 5. All lot dimensions are shown; 6. Temporary vehicular turn -around is provided on the extreme northern street; 7. Bearings in degrees and minutes of lot, block, and"street lines; and 8. Streets which do not.intersect at one common point should have a minimum of 150 feet between center line of intersection. (Streets in Block 5, Block 3, and Block 6 vicinity.) A final plat of a portion of Stubblefield Addition was presented to the City Planning Commission. Al..brief history of this plat was given. The preliminary plat had been approved March 6, 1962,'and a final plat on a portion of the preliminary plat was approved June 21, 1962. The subdivider upon submission of this first final plat signed a Contract for all improvements within the subdivision. The subdivider has now submitted a second final plat on another portion of the preliminary plat. Henry Shreve moved that the Planning Commission recommend to the Board of Directors that an ordinance be enacted for the purpose of accepting the Sinal • subdivision plat of "Revised Plat of Lot 11 in Block 1, Lot 1 in Block 5, Lot 3 in Block 7 and Part of Block 2 of Stubblefield Addition to the City of Fayetteville, Arkansas," and that before the final plat is submitted to the Board of Directors certain corrections be made. These corrections are: 1. Name of the final plat be changed; 2. Lot 10 in Block 1 and Lot 2 in Block 7 are not to be shown on this 3. 4. 5. 60 final plat; Final plat be given a date; North -south lot dimensions be shown on lots in Block 2; Misspelled words be corrected; and Note should be made that a portion of the turn -around will revert back to property owner when the street is extended. The motion was seconded by Allan Gilbert and passed unanimously. The informal plat of "Lazenbyls First Addition" filed by Kenneth Lazenby was presented to the Planning Commission, Lazenby's First Addition is located west of Plainview Avenue in the northwest part of the city. History of the informal plat was given. The street and turn -around had been dedicated by deed and accepted by the City on April 11, 1963. A contract for improvement of the street was entered into by the City and the Developer. Kenneth Lazenby had later (1966) purchased the property and wished to develop it. Mr. Lazenby submitted an informal plat. • On motion by Bill Dalton, seconded by Henry Shreve, the Planning Commission unanimously voted to approve the informal plat of Lazenby's First Addition 7" and authorized the secretary of the Planning Commission to sign said plat • so it could be recorded at the Washington County Court House with the County Recorder. The last plat discussed by the Planning Commission was proposed Brophy Subdivision. In 1961 Ralph Brophy had prepared a plat which was to have been filed in the Court House by Judge Lee Seamster. The plat was never filed. January 1962 the Planning Commission agreed to accept this 1961 plat as the preliminary plat and asked the City Inspector to review the plat. After the plat was reviewed by the City Inspector, a number of items were found to be incomplete. A report was made to the Planning Commission. The Planning Commission on March 1962 authorized the City Inspector to issue building permits on lots 1 through 7.in Blocks 1 and 2 provided Mr. Brophy (1) puts in utility easements running north and south at the back of the lots and (2) he proceeds with the regular preliminary plat. The Planning Office reported an application for a building permit on Lot 5 of Block 1 had been filed. After checking office records no evidence was found to indicate Mr. Brophy had complied with either condition of the Planning Commission made in March 1962. After discussion, Bill Dalton moved that the Planning Commission require Mr. Ralph Brophy to comply with the subdivision regulations by submitting a preliminary subdivision plat and a final subdivision plat upon his property north off Township Road (Part of the SW� of the SE of Section 35 in Township 17 North, Range 30 West), and that no building permits be issued until • Mr. Brophy complies with the necessary steps for the development of this unsubdivided property as set out in Ordinance No. 1245, as amended, (Subdivision Regulations). The motion was seconded by Henry Shreve and passed unanimously. A revised development plan of Western Methodist Assembly was shown to the Planning Commission. The members expressed their appreciation of the plans being submitted to them. Allan Gilbert moved to adjourn. The motion was seconded by.Bill Dalton and passed unanimously. The Chairman declared the meeting adjourned. APPROVED: ATTEST: ERNEST JACKS, SECRETARY r1 U CLARK McCLINTON, CHAIRMAN