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HomeMy WebLinkAbout1967-10-10 Minutes• MINUTES OF THE PLANNING COMMISSION MEETING The Planning Commission met in a regular meeting Tuesday, October 10, 1967, at 4:00 P.M., in the Directors Room of the City Administration Building, Fayetteville, Arkansas. Members Present: Clark McClinton, Ernest Jacks, James Mashburn, Henry Shreve, Byron Boyd, Morton Gitelman, Roy Clinton and Wade Fincher Members Absent: Allen Gilbert Others Present: Jim Vizzier, Harold Lieberenz, Ed Clement, Bass Trumbo, Austin Parish, Glen Wing,'Barker Adair, Roy Guthrie and seven interested persons. The meeting was called to order by Chairman, Clark McClinton. The minutes of September 12 and September 26 were approved. Motion was made by Henry Shreve seconded by James Mashburn. The first petition to be heard was that of J. Austin and Ethel R. Parish for rezoning of property located North of the Oak Plaza Shopping Center, • south of Holly Street and east of Garland Avenue. Mr. Parish explained that the Arkansas Vocational Rehabilitation Service, who now occupies an office in the shopping center, have expanded their office personell and need a larger office building. The additional strip of land is needed for this purpose. James Mashburn inquired why Mr. Parish didn't go ahead and rezone all the property North to Holly Street instead of rezoning piece by piece. Mr. Parish replied that there is one piece of property in this area which he does not own, however, the owner of this property had cont- acted him prior to the meeting and said he would like for his property to be rezoned to C-1 also. Mr. Parish suggested that if it were pos- sible the Planning Commission could go ahead and rezone the whole piece of property at this time. It was explained that this could not be done since the public notice had been for this 50' strip only. The chairman asked if anyone was present in opposition to this re- zoning. There were none. The chairman closed the hearing on this petition. The next petition on the agenda was that of Barker E. and Carol R. • Adair requesting the rezoning from A-1, Annexed Territory District, to R-2, Two Family Residential District, of property located on a county road North of Highway 16 East. (2) Mr. Adair explained that his property was annexed to the City, by his petition on August 7, 1967, and he is requesting the zoning change to • R-2, because he has built one duplex on the property and anticipates selling some lots and thinks perhaps more duplexes might be built on this property. The Chairman asked if there were any questions. There were none. No one was present to voice opposition to this petition. The public hearing on this petition was closed. The rezoning petition of Skull Creek Development Company, Incorporated, was the next item of business on the agenda. Bass Trumbo represented the petitioners and explained that they are requesting the zoning of property located on the east side of North Leverett Street, between Eagle and Berry Streets be changed from R-3, Multi -family Residential District, to C-1, Neighborhood Commercial District. The petitioners plan to build a "7-111 type grocery store on this property if it is rezoned, The property in question fronts on Leverett Street and adequate off-street parking can be provided. This will be close enough to the Skull Creek Apartment Complex and other apartments in the area for walk-in trade. Discussion followed. The Chairman asked if anyone wished to be heard in opposition to the petition. No one did and there were no questions • so the hearing on this petition was closed. The rezoning petition of Bethel Heights Baptist Church was next to be heard. Mr. Glen Wing represented the petitioners and explained that the pre- sent church building has existed on this property for about ten years. The plans, if the property is rezoned, are to erect a new church building and there is not enough lot area available for construction of a church in the R -1B Zone. Ernest Jacks reported that he had been approached by one of the pro- perty owners on this street asking if the Church was planning to pave their parking area to ellminatec.some of the dust. Mr. Wing explained that the Church does hope to be able to pave the parking area in the future. Discussion followed. The Chairman asked if anyone was present who opposed this rezoning. No,one..spoke. The next petition on the agenda was that of J. Austin and Ethel R. Parish. The petitioners have asked for an amendment to the Zoning Ordinance No. 1239, as amended, to permit movie theaters in the C-1, Neighborhood Commercial Zone. Mr. Parish explained that at the present time most theaters are in the more congested business areas and that in some of the larger cities he has visited, the theaters are being. moved out into the shop- ping centers where more parking is available. He pointed out that the busiest time for theaters is the least busy time for shopping, in the shopping centers, therefore, the shopping center parking area (3) • could be utilized by shoppers as well as persons attending movies. The Chairman asked if any of the members had any questions. None did. No one was present in opposition to the petition, therefore, the hearing was closed. Mr. Jim Vizzier presented three (3) items which were omitted from the original Comprehensive Planning Program adopted by the City. He explained that Mr. Fox, The City Manager, would like for the City to adopt these programs at this time. The items are (1) Community Fac- ilities (2) Planning Unit Study and (3) The Capital Improvement Program. Mr. Vizzier explained the purpose of these programs and pointed out some of the improvements planned through them. The Chairman asked if the Planning Commission members had any questions. No one did. This completed the public hearing on all the items of business scheduled. The Chairman, Clark McClinton, dismissed the petitioners present. • On the first petition of J. Austin and Ethel R. Parish, the motion was made by James Mashburn, seconded by Ernest Jacks and passed unan- imously that the Planning Commission recommend to the Board of Directors the rezoning from.R-2 to C-1 of property described as follows: A part of the Southwest Quarter (SW41) of the Northwest Quarter (NWy) of Section Nine (9), Township Sixteen (16) North, of Range Thirty (30) West of the 5th P.M., being more particularly described as follows: Beginning at a point 685 feet South and 180 feet East of the Northwest corner of said Forty (40) Acre Tract; thence running North 50.0 feet; thence East 348.0 feet; thence South 50.0 feet; thence West 348.0 feet to the point of beginning, Washington County, Arkansas. III • • WHEREAS, a public hearing was held by the Planning Commission Tuesday, October 10, 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 recomnendation to the Board of Directors on the rezoning petition of J. Austin and Ethel R. Parish. 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 re- zoning from R-2, Two Family Residential District, to C-1, Neighborhood Commercial District, the property described as follows: (4) A part of the Southwest Quarter (SWC) of the Northwest Quarter ' (NW�) of Section Nine (9), Township Sixteen (16), North of Range Thirty (30) West of the 5th P.M., being more particularly des- cribed as follows; Beginning at a point 685 feet South and 180 feet East of the Northwest corner of said Forty (40) acre Tract;. thence running North 50.0 feet; thence East 348.0 feet; thence South 50.0 feet; thence West 348.0 feet to the point of beginn- ing, Washington County, Arkansas. SECTION 2. That the above-described property be rezoned from R-2, Two Family Residential District, to C-1, Neighborhood Commercial Dist- rict, so that the petitioners may develop the property for commercial use. PASSED AND APPROVED this 10th day of October 1967. ATTEST: ERNEST JACKS, SECRETARY APPROVED: /s/ Clark McClinton CLARK McCLINTON, CHAIRMAN • Henry Shreve moved that the Planning Commission recommend to the Board of Directors that the petition of Barker E. and Carol R. Adair, for rezoning from A-1, Annexed Territory District, to R-2, Two Family Residential Dis- trict of the property described below be approved. Motion seconded by Ernest Jacks, passed unanimously. Part of the Southwest Quarter (SWy) of the Northeast Quarter (NEr.) of Section Twenty (20) in Township Sixteen (16) North of Range Twenty -Nine (29) West, described as beginning at a point on the East side of the County Road, which runs along the West side of said Forty Acre Tract, three hundred (300) feet North of the point of intersection of the East line of said road and the North line of said State Highway No. 16, near the Southwest corner of said Forty Acre Tract, and running, thence North with the East line of said County Road five hundred fifty (550) feet; thence East two hundred (200) feet; thence South five hundred fifty (550) feet, more or less, to the North line of a tract conveyed to William K. Harris; thence West with the North line of said tract two hundred (200) feet, more or less to the place of beginning, cont- aining three (3) acres more or less. RESOLUTION PC 27-67 **' WHEREAS, a public hearing was held by the Planning Commission Tuesday, October 10, 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 Barker E. and Carol R. Adair, NOVI THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO (5) THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: • SECTION 1. That an ordinance be adopted for the purpose of re- zoning from A-1, Annexed Territory District, to R-2, Two Family Res- idential District, the property described as follows; • Part of the Southwest Quarter (SW4) of the Northeast Quarter (NEk) of Section Twenty (20) in Township Sixteen (16) North of Range..Twenty-Nine (29) West, described as beginning at a point on the East side of the County Road, which runs along the West side of said Forty Acre Tract, Three hundred (300) feet North of the point of intersection of the East line of said road and the North line of said State Highway No. 16 near the Southwest corner of said Forty Acre Tract, and running, thence North with the East line of said county road five hundred fifty (550) feet; thence East two hundred (200) feet; thence South five hundred fifty (550) feet, more or less, to the North line of a tract conveyed to William K. Harris; thence West with the North line of said tract two hundred (200) feet, more or less to the place of beginning, containing three (3) acres more or less, SECTION 2. That the above-described property be rezoned from A-1, Annexed Territory District to R-2, Two Family Residential Dis- trict, so that the petitioners may develop the property for res - idential uses. PASSED AND PAPROVED this 10th day of October , 1967. ATTEST: Ernest Jacks, Secretary APPROVED: /s/ Clark McClinton Clark McClinton, Chairman Discussion was held on the petition of Skull Creek Development Co., Incorporated. Jim Vizzier pointed out that this rezoning would mean inserting a commercial zone into a residential zone and suggested that the pet- itioners could be asked to justify this use. It was brought out that a laundry and plumbing shop are being operated in this neighborhood. Harold Lieberenz, City Building Inspector, explained that the plumbing shop is a legal non -conforming use as this property had been used for commercial purposes prior to the passage of the Zoning Ordinance. The building permit for the laundry was issuued as an accessory building for the apartments at this location and any commercial use of this laundry is in direct violation of the Zoning Ordinance, James Mashburn moved that the Planning Commission recommend to the Board of Directors the rezoning from R-3, Multi -family Residential District, to C-1, Neighborhood Commercial District of property described as: (6) is Tract A: A part of Northeast Quarter of the Southwest Quarter of Section Nine (9), in Township Sixteen (16) North, of Range Thirty (30) West of the 5th P.M., more particularly described as follows to -wit; beginning at a point which is six hundred sixty (6601 feet South of the Northwest corner of said forty acre tract, and running; thence South eighty (80) feet; thence East one hundred sixty (160) feet; thence North eighty (80) feet; thence West one hundred sixty (160) feet to the place of begin- ning, and being situated in the City of Fayetteville, Arkansas. Tract B: A part of the Northeast Quarter of the Southwest Quarter of Section Nine (9), in Township Sixteen (16) North, of Range Thirty (30) West of the 5th P.M., more particularly described as follows, to -wit: Beginning at a point which is seven hundred forty (740) feet South of the Northwest corner of the said Forty Acre Tract, and running thence South sixty (60) feet* thence East one hundred sixty (160) feet; thence North sixty (601 feet; thence West one hundred sixty (160) feet to the place of beginning and being situated in the City of Fayetteville, Arkansas. The motion was seconded'by'Wade Fincher and passed without opposition. • •Uwuamam WHEREAS, a public hearing was held by the Planning Commission • Tuesday, October 10, 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 Plannirg Commission voted to make a recommendation to the Board of Directors on the rezoning petition of The Skull Creek Development Company, Incorporated. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PFANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That an ordinance be adopted for the purpose of re- zoning from R-3, Multi -family Residential District, to C-1, Neighbor- hood Commercial District, the following described real estate: Tract A: A part of the Northeast Quarter of the Southwest Quar- ter of Section Nine (9), in Township Sixteen (16) North, of Range Thirty (30) West of the 5th Principal Meridian, more particularly described as follows, to -wit; Beginning at a point which is six hundred sixty (660) feet South of the Northwest corner of said forty acre tract, and running; thence South eighty (80) feet; thence East one hundred si..ty ('160) feet; thence North eighty (80) feet; thence West one hundred sixty (160) feet to the place of beginning, and being situated in the City of Fayetteville, Arkansas. • Tract B: A part of the Northeast Quarter of the Southwest Quarter of Section Nine (9), in Township Sixteen (16) North, of Range Thirty (30) West of the 5th Principal Meridian,,more particularly described as follows, to -wit: Beginning at a point which is seven hundred forty (740) feet South of the Northwest corner of the said Forty Acre Tract, and running thence South sixty (60) feet; thence (7) East one hundred sixty (160) feet; thence North sixty (60) feet; • thence West one hundred sixty (160) feet to the place of begin- ning, and being situated in the City of Fayetteville, Arkansas. SECTION.2','.That the above described property be rezoned from R-3, Multi -family Residential District, to C-1, Neighborhood Commercial District, so that the petitioners may develop the property for comm--- ercial use. PASSED AND APPROVED this 10th day of October , 1967. ATTEST: Ernest Jacks, Secretary /s/ Clark McClinton Clark McClinton, Chariman Henry Shreve made a motion that the Plannind Commission recommend to the Board of Directors that the rezoning petition of Bethel Heights Baptist Church for rezoning, of the following described property, from R -IB, Single Family Residential District, to P-lA, Special Church Dist- rict, be approved. Motion seconded by James Mashburn, passed without opposition. *M98R--x , RESOLUTION PC 29-67 " WHEREAS, a public hearing was held by the Planning Commission Tuesday, October 10, 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 Bethel Heights Baptist Church. 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-113, Single Family Residential District, to P-lA, Special Church District, the following described property; A part of the SEy of the NE4 of Section S. Township 16 North, Range 30 West, described as follows; beginning at a point 431.4 feet West and 759 feet South of the Northeast corner of said 40 acre tract, said point being the Southwest corner of Lot 10, • of McCormick Addition to the City of Fayetteville, and running, thence North 160 feet to the South line of a 40 foot street (James Street); thence West along the South line of said street 180 feet; thence South 160 feet; thence East 180 feet to the point of beg- inning. Also, Lots 6, 82 9 and 10 of McCormicks Addition to the City of Fayetteville as shown upon the recorded plat thereof. (8) SECTION 2. That the above-described property be rezoned from • R -1B, Single Family Residential District, to P-lA, Special Church District, so that the petitioners may develop the property for erection of a new church building. PASSED AND APPROVED this 10th day of October 2.1967. ATTEST: Ernest Jacks, Secretary APPROVED: /s/ Clark McClinton Clark McClinton, Chariman On the petition, for ammendment of the Zoning Ordinance, of J.Auston and Ethel R. Parish, Mr. Gitelman pointed out that the C-1, Neigh- borhood Commercial Districts are more commonly located in or near residential districts and a movie theater in this zone could be a disturbance to neighbors, when movies are over and people are leaving the theaters late at night. On motion by Henry Shreve, seconded by Ernest Jacks and approved un- animously the Planning Commission voted to recommend to the Board of Directors that; Ordinance No. 1239 (Zoning Ordinance), as amended, Article 5, Section 6, Paragraph 1-a, be ammended by adding the following after the words "Variety Stores!', "Movie Theaters" WHEREAS, a public hearing was held by the Planning Commission Tuesday, October 10, 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 Boar d of Directors on the petition of J.Austin and Ethel R. Parish. NOId, 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 amend- ing Ordinance No. 1239 (Zoning Ordinance), as amended, to permit the construction of movie theaters in the C-1, Neighborhood Commercial . District. Article 5, Section 6, Paragraph 1-a, of Ordinance 1239 be amended by adding the following after the words, "Variety Store"; "Movie Theaters" r1 r1 U 0 (9) PASSED AND APPROVED this 10th day of October , 1967. ATTEST: Ernest Jacks, Secretary APPROVED: /s/ Clark McClinton Clark McClinton, Chairman Henry Shreve moved and Byron Boyd seconded a motion that the three additions to the Comprehensive Planning Program be approved as pre- sented. The motion passed unanimously. There being no further business the meeting was adjourned. ATTEST: Ernest Jacks, Secretary APPROVED: Clark McClinton, Chariman