HomeMy WebLinkAbout1967-09-26 MinutesMinutes of The City Planning Commission Meeting
• The Planning Commission met in a special meeting Tuesday, September 26,
1967, at 4:00 P.M., in the Directors Room of the City Administration
Building, Fayetteville, Arkansas.
Members present: Clark McClinton, Ernest Jacks, Roy Clinton, Wade
Fincher, Henry Shreve, Allen Gilbert and James
Mashburn
Members absent: Suzanne Lighton and Byron Boyd
Others present: Pat Reed, Pete Estes, Roy Guthrie, Mr. and Mrs Charles
Cheadle, Clay Yoe, Harold Lieberenz and Jim Vizzier
The meeting was called to order by Chairman, Clark McClinton
The first item of business was the rezoning petition of Mr. Clay Yoe,
Mr McClinton gave a brief summary of the petition explaining that the
public hearing was held on this petition at the meeting of August 15
and was tabled by the Planning Commission at their meeting of August 22,
in order that the members could further investigate the desireability
of the rezoning. Mr. Yoe appeared before the Planning Commission at
the meeting of September 12 to answer questions and explain the intedded
use of the property.
• The Chairman asked for discussion. There was none.
Allen Gilbert moved that the Planning Commission recommend to the Board
of Directors the rezoning from 0-1, Open Land District to C-21 Thorough-
fare Commercial District, the property described as:
The Southwest Quarter (SW4) of the Southwest Quarter (5194) and
part of the Northwest Quarter (NW -41) of the Southwest Quarter (SW4)
lying South of Highway 45, all in Section 1, Township 16 North, :.
Range 30 West, being situated in Washington County, Arkansas.
The motion was seconded by Roy Clinton and approved unanimously.
RESOLUTION
WHEREAS, a public hearing was held by the Planning Commission
Tuesday, August 15, 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
WHEREAS, after the hearing the Planning Commission voted to make
a recommendation to the Board of Directors on the rezoning petition
of Clay Yoe and Wanda Lucille Yoe.
• Na+i THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION
TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE,1RKANSAS:
SECTION 1. That an ordinance be adopted for the purpose of rezoning
from 0-1, Open Land District)to C-2, Thoroughfare Commercial District,
(2)
the property described as follows:
• The Southwest Quarter (SWI) of the Southwest Quarter (SW -41)
and part of the Northwest Quarter (NWI) of the Southwest
Quarter (SWI) lying South of Highway 45, all in Section 1,
Township 16 North, Range 30 West, being situated in Wash-
ington County, Arkansas,
SECTION 2. That the above-described property be rezoned from
0-1, Open Land District, to C-2, Thoroughfare Commercial District,
so that the petitioners may develop the property for commercial use.
PASSED AND APPROVED this 26th day of September, 1967.
APPROVED:
/s/ Clark McClinton
CLARK McCLINTON, CHAIRMAN
Consideration was next given to the dedication of right-of-way from
• Mr. Pat Reed for the extension of Broadview Drive.
It was noted that Mr. W.C. Smith, City Engineer, had suggested that an
additional area would be needed for the street right-of-way and had
shown two alternatives on the drawing submitted, areas "Al' and "B";
he said the area "B" would be preferable and if "B" were furnished that
the asphalt paving would have to be shifted in the curve to center it
in the right-of-way.
Mr. Reed as owner of the suggested area "B" said he would include this
in the area to be dedicated:
Ernest Jacks made a motion that the right-of-way dedication,be accepted
including the area "B", the motion was seconded by Allen Gilbert and
passed unanimously.
The street closing petition of Mr. and Mrs Roy C. Guthrie for a part of
Waunetta Avenue lying between Lot one (1), Block one (1), and Lot eleven
(11), Block two (2) of the Rochier Heights Addidtion 'to the City of
Fayetteville, Arkansas, was the next item of business to be considered.
The Chairman, Clark McClinton, read the comments of the Utility Companies'
and the City Engineer. There were no objections expressed by any.
However, since the Arkansas Western Gas Company had not replied to the
letter advising them of this street closing petition, Mr. McClinton
suggested that the Office of City Planning contact Mr. Arnold Christie
. for his approval or disapproval before the matter is brought before
the Board of Directors.
After a discussion Dr. James Mashburn moved that the Planning Commission
approve this street closing petition as presented on condition of the
Arkansas Western Gas Company's approval the motion was seconded by Roy
(3)
Clinton, passed unanimously.
• The dedication of right-of-way for proposed street widening on Gregg
and Spruce Streets was next on the agenda.
Mr. Lieberenz, City Building Inspector, explained that the owner of this
property, Mr. Leo Peels is planning a sub -division in this area and has
dedicated the described property to the city for the future widening of
Gregg Avenue and Spruce Streets.
Ernest Jacks moved that the Planning Commission accept the property
described in the deed as submitted by Mr. Peels. The motion was
seconded by Roy Clinton and approved unanimously.
The next item of business to be given consideration was the petition of
Mr. and Mrs Charles R. Cheadle to close a portion of Maple Street lying
adjacent to and along the South side of Lots one (1), two (2), and three
(3) in Block nine (9) of the Revised Plat of Mountain View Addition to
the City of Fayetteville, Arkansas, and lying adjacent to and North of
part of Lot twelve (12) in the East Mountain Addition to the City of
Fayetteville, Arkansas.
Mr. Cheadle explained that the original petition as filed has been
amended to leave the utility easement open.
Mr. McClinton read the comments of the Utility Companies and of Mr. W.C.
• Smith, City Engineer, as follows:
(1) Mr. Leslie Howell of Southwestern Electric Power Company had stated
that the Electric Company had no objections.
(2) Mr. C.E. Scharlau of Arkansas Western Gas Company expressed his
Company's objections unless the utility easement is reserved in view
of the' -fact that they have a 6 -inch high pressure gas line now in
this street.
(3) Mr. W.C. Smith, City Engineer, had noted that the City of Fayetteville
has a sewer main throughout the section proposed to be closed and
to close this as a public street would make it exceedingly difficult
to maintain this sewer main. For this reason he would object to closing
this or any other section of Maple Street. As added information he
noted that the City had closed a part of Company Street to the north
of Maple and shortley thereafter one of the owners in excavating
dug into one of the City!s 6 -inch water mains and a sewer main which
cost the City a sun of money.
Mr. Lieberenz was asked to check with Mr. Smith on his opinion of closing
this portion of the street but leaving the utility easement open. He
reported that Mr. Smiths' comments in effect were that in most cases where
a street is closed with City Utilities which have to be maintained the
property owners can and have on occasion sued for damages to shrubs, trees,
and, -.etc., and in view of this he would object to the closing.
• Mr. and Mrs Cheadle explained that thier plans are only to try to clean
up this property and that they would sign an agreement with the City to
the effect that the City would be allowed to come on the property to
(4)
maintain the utilities without recourse to the City for any damages.
• Mr. Gerald Fox, City Manager, came into the Directors Room and Mr. McClinton
briefly explained the discussion which had been held on this petition.
Mr. Fox explained the standard right-of-way agreement of the City which
states that the property owners will not erect any type of structure
on the right-of-way property and that the city will not be liable for
any damages to the property which might occur due to necessary main-
tenance or improvements.
Ernest Jacks moved that the portion of Maple Street be closed as petitioned
with the City of Fayetteville to retain the easement right-of-way with
a Standard Right-of-way Agreement between the City and the property
owners. The motion was seconded by Henry Shreve and approved without
opposition.
The application by the City of Fayetteville, to the Board of Adjustment,
for a variance of the zoning regulations was the next item of business
discussed.
Mr. Fox explained to the members that this property on Garland Avenue
north of Cleveland Street was considered because of the location near
the University Campus and that it is easily accessible from Garland
and Eagle Streets.
Mr. Vizzier pointed out the proposed street widenings and extensions
• which will, when completed, make this an even more desireable location.
Roy Clinton moved that the City Planning Commission approve this building
site for the City Fire Station as proposed. The motion was seconded
by Allen Gilbert and approved without opposition.
Mr. McClinton read a letter from E.J. Ball, attorney, regarding the appeal,
of Evelyn Hills Shopping Center, Inc., to the Board of Directors, of the
rezoning petition which was denied by the Planning Commission at the
meeting of August 22, 1967.
Dr. James Mashburn moved that the minutes of the Planning Commission meeting
of August 22, 1967 be approved as written, motion seconded by Ernest Jacks
and approved unanimously.
Discussion was next held on the rezoning of all newly annexed territory.
Harold Lieberenz, City Building Inspector, explained some of the problems
of the restrictions in the A-1, Annexed Territory District.
Roy Clinton asked how this problem is being handled.
Mr. Lieberenz told the members that building permits cannot be issued in
this zone on lots of less than two (2) acres unless they are a lot of
record prior to the annexation.
• James Mashburn was called out of the meeting on an emergency.
Jim Vizzier gave a progress report on the work being done under the
Community Renewal Program.'
(5)
There being no further business the meeting was adjourned.
•
Attest:
Ernest Jacks, Secretary
•
•
Approved:
Clark McClinton, Chairman