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HomeMy WebLinkAbout1967-06-06 Minutes--* MINUTES OF A CITY PLANNING COMMISSION MEETING The City Planning Commission met in a regular meeting at 4:00 p.m., Tuesday, June 6, 1967, in the City Directors Room in the City Administration Building, Fayetteville, Arkansas. Members Present: Clark McClinton, Ernest Jacks, Wade Fincher, Roy Clinton, James Mashburn, Byron Boyd. Members Absent: Suzanne Lighton, Henry Shreve, Allan Gilbert, Others Present: Planning Consultant J. A. Vizzier, Lester McChristian, Helen Edmiston. The meeting was called to order by the Chairman, Mr. Clark McClinton. The first petition heard was filed by Mrs. Helen Edmiston. Mrs. Edmiston has requested the rezoning from I-lA, Light Industrial District, to R-3, Multi - Family Residential District, of the East one-half Q) of lots four (4), nine (9) and all of lots (1), two (2), and three (3), and lots ten (10), eleven (11and twelve (12), all in block eleven (11) of Parkerts Plat of Valley View Acres. Mrs. Helen Edmiston was present to represent the owner Mr. Jere F. Block of Tulsa, Oklahoma in the rezoning request. The Chairman ask Mrs. Edmiston if the owner would agree to dedicating ten feet of right-of-way to the City for widening Sycamore Street in accordance with the major street plan. This street is designated as a collector street in the future. Mrs. Edmiston stated that she did not know and that she would have to check with out of state owner about this matter. Mr. Ernest Jacks ask Mrs. Edmiston why she was rezoning this property in a "piece meal" fashion. Mrs. Edmiston stated that it has just worked out this way, because of the different ownership of the various tracts involved. After a short dis- cussion it was decided that the Planning Commission could still go ahead and act on the rezoning petition without the additional street right-of-way in question. There were no opponents present. On motion by Mr. Ernest Jacks, seconded by Dr. James Mashburn, the Planning Commission unanimously voted to recommend to the Board of Directors the rezoning from I-lA, Light Industrial District, to R-3, Multi -Family Residential District, as petitioned. RESOLUTION WHEREAS, a public hearing was held by the Planning Commission Tuesday, June 6, 1967, fifteen (15) days after a sign was erected upon the property and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and (2) WHEREAS, after the hearing the Planning Commission voted to make a re- commendation to the Board of Directors on the rezoning petition of Helen Edmiston and Jere Block. • NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That an ordinance be adopted for the purpose of rezoning from I-lA, Light Industrial District, to R-3, Multi -Family Residential District, the property described as follows: The East one-half (j) of Lots four (4), and nine (9), and all of Lots one (1), two (2), three (3), ten (10), eleven (11), and twelve (12), all in Block eleven (11) of Parker's Plat of Valley View Acres, SECTION 2. That the above-described property be rezoned from I -Lk, Light Industrial District, to R-3, Multi -Family Residential District, so that the petitioners may develop the property for multi -family use. PASSED AND APPROVED this Ljh day of June, 1967. ATTEST: ERNEST JACKS, SECRETARY APPROVED: CLARK McCLINTON, CHAIRMAN • The second petition heard was filed;by the Fayetteville Industrial Foundation, Inc. The Foundation requested the rezoning of some property located along the North side of Cato Springs Road from R -1B, Single Family Residential District, to I-2, Heavy Industrial District. There was no one present at the meeting to represent the petitioners. Mr. McClinton stated that this property was needed for expansion of the Bear Brand Hoisery Manufacturing Company operation. The rest of the property in question is presently zoned as I-2, Heavy Industrial District, and this proposed zoning change would result in all of the property being zoned I-2, Heavy Industrial. There were no opponents present. On motion by Dr. James Mashburn, seconded by Mr. Roy Clinton, the Planning Commission unanimously voted to recommend to the Board of Directors the r" zoning from R -1B, Single Family Residential District, to I-2, Heavy Industrial District, all of the property which is not presently zoned as I-2, Heavy In- dustrial District, as petitioned, the following described real estate. RESOLUTION PC 19�67 WHEREAS, a public hearing was held by the Planning Commission Tuesday, June 6, 1967, Fifteen (15) days after a sign was erected upon the property and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and 40 WHEREAS, after the hearing the Planning Commission voted to make a re- (3) commendation to the Board of Directors on the rezoning petition of the Fayetteville Industrial Foundation, Inc. • NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS 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, I-2, Heavy Industrial District all of the following property which is not presently zoned as I-2, Heavy Industrial District. A part of the Southeast quarter (SE�) of the Southwest quarter (SWk) and a part of the Southwest quarter (SW�) of the Southeast quarter (SE4) of Section Twenty-one (21), in Township sixteen (16) North, of Range thirty (30) West of the fifth (5th) Principal Meridian, and more particularly described as follows, to wit: Beginning at a point six and three-fourths (6 3/4) chains East of Southwest corner of said first mentioned forty acre trach and running, thence East eight hundred fifty six and five tenths (856.51 feet; thence North 5° East five hundred forty (540) feet; thence East five hundred thirty -Your (534) feet to the center line of U. S. Highway No. 71; thence North 9" East fifty (50) feet; thence West fourteen hundred eighteen and five -tenths (1418.5) feet to a point due North of the beginning point; thence South five hundred eighty-seven (587) feet to the place of beginning, containing twelve and thirty three hund- redths (12.33) acres, more or less. SECTION 2. That all of the above-described property which is not presently zoned I-2, Heavy Industrial District be rezoned from R -1B, Single Family Resides • ential District to I-2, Heavy Industrial District, so that the petitioners may develop the property for industrial use. PASSED AND APPROVED THIS �th day of June91967. ATTEST: APPROVED: ERNEST JACKS, SECRETARY CLARK McCLINTON, CHAIRMAN Mr. Clark McClinton, Chairman, ask Mr. Harold Lieberenz if the Planning Commission could consider their proposed rezoning of the area in the vicinity of the Oakland Hills Addition at this meeting. Mr. Lieberenz was at the meeting representing the Office of City Planning in the place of Mrs. Carolyn Keeton, Administrative Assistant, who had left the employ ment of the City since the last Planning Commission Meeting, Mr. Lieberenz stated that he was not aware that the legal newspaper notice had been published until after he had sent out the Planning Commission Agenda. He was not aware that any signs had been posted in the area. Mr. Lester McChristian, a property owner in the area, stated that there was a sign on his property and that was the reason that he was present at the meeting. is (4) It was the opinion of the Chairman, Mr. Clark McClinton that the Planning Comm- ission would go ahead and hold the public hearing on this rezoning study at this meeting as stated in the public newspaper notice. • The City Planning Commission has advertised in the newspaper that a study will be made for the purpose of recommending the rezoning from 0-1, Open Land District, to R -1B, Single Family Residential District, all of the following described real estate: A part of Section 25, 35, and 36, T -17-N, R -30-W, described as follows: Beginning at the center of Mud Creek where the West line of Section twenty- five (25) crossed said creek and running thence in an easterly direction along the center line of Mud Creek to the intersection of the East line of the West half of the Wouthwest quarter of said Section twenty-five (25); thence South to the North line of Oaks Manor Addition; thence East to the Old Missouri Road thence in a southeasterly direction to the intersection of the Oaks Manor Addition with the Old Missouri Road; thence in a North- westerly direction along the border of the Oaks Manor Addition to its in- tersection with the East line of the West half of the West half of Section thirty-six (36)7thence South to the Southeast corner of Oaks Manor Addition; thence West two thousand (2000) feet; thence North to the South line of the Northeast quarter of Section thirty-five (35); thence West to a point three hundred (300) feet from U. S. Highway No. 71; thence in a northeasterly direction paralell to and three hundred (300) feet from U. S. Highway 71 to South line of the North half of the Northeast quarter of Section thirty five (35); thence East to a point five hundred (500) feet West of the East line of Section thirty-five (35); thence North five hundred (500) feet; thence East five hundred (500) feet to the East line of Section thirty-five (35); thence North to the point of beginning. • Mr. Lester McChristian said he owns property North of the Zion Road in this area and that he objects to his property being rezoned from 0-1, Open Land District, to R -1B, Single Family Residential District. He stated that he owned his property since 1935 and used if for agricultur purposes. He plans to continue to raise cows and calves and if it was rezoned to R -1B he would be restricted in the use of his land. Reverend Stanley Rogge, Pastor of the Good Shepherd Lutheran Church stated that his church group plans to erect a church in this area and he voiced concern about the proposed rezoning. If this property is rezoned he felt that the church building program could be jeopardized. Mr. Clark McClinton, Chairman requested that Mr. Harold Lieberenz check with the City Attorney about some legal questions and also preppre a sketch showing Mr. McChristians property and the three church properties for the Planning Commission's study at their next meeting. There being no;'further business, the meeting was adjourned. APPROVED: CLARK McCLINTON, CHAIRMAN • ATTEST: ERNEST JACKS, SECRETARY . r Y HUGH R. KINCAID CITY ATTORNEY I 'CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS t June 20, 1967 Mr. Harold Lieberenz Building Inspector City Administration Building Fayetteville, Arkansas P. O. BOX 599 RE: Authority of Planning Commission to Modify Rezoning Request. • Dear Harold: This will reply to your letter of June 14, 1967 conveying the request of the Planning Commission for an Opinion concerning its authority to modify the request for rezoning from 0-1, Open Land District to R -1B, Sinqle Family Residential District, so as to rezone a portion of property to P-lA, Special Church District and rezone the balance to R -IB, Single Family Residential District, without the necessity of re-advertizing the matter in the newspaper. Article IX, Section 1-d of the zoning ordinance provides that following the public hearing the proposed amendment may be "approved as presented [or) in modified form" by the Planning Commission. What is meant by "modified form" is not defined by the ordinance , and in the final analysis must await a court's interpretation. However, out of an over abundance of caution I' am inclined to recommend in this case that the matter be re -adver- tised so as to put potential protestants on notice of the proposed rezoning of a part of the property to P-lA. This will eliminate the possibility of litigation later, attacking the Commission's action on the ground of failure to give proper notice of the pro- posed rezoning. I think this situation is distinguishable from the recent rezoning petitions by the sororities. In the instant case there is a material change in the purpose for which rezoning is requested, • i.e., from residential to church use. In the case of the sorority .41,.... f . Mr. Harold Lieberenz 2 June 20, 1967 • petitions, it was a question of modifying the requested zoning to place the property in the zone which.permitted the use originally requested by the petitioners. Admittedly, there is a fine line between what is a material change and what is merely a modification permitted by the ordinance. However, it is my opinion that the Commission would be well advised to re -advertise the zoning petition as amended and hold a new public hearing thereon prior to making its recommendation to the Board of Directors. HRK:ab CI CI Sincerely yours, 44RMI caid