HomeMy WebLinkAbout1968-02-20 MinutesMINUTES OF THE CITY PLANNING COMMISSION MEETING
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The City Planning Commission met in a regular meeting Tuesday, February 20,
1968, at 3:45 P.m., in the Directors' Room of the City Administration
Building, Fayetteville, Arkansas.
Members present: Allan Gilbert, Walter Brown, Ernest Jacks, Morton Gitelman,
Roy Clinton, Byron Boyd, Wade Fincher and James Mashburn.
Members absent: Clark McClinton
Others present: Garland Lierly, Mike O'Malley, Mrs, L.P. Richart, Mrs. Walter
Brown, Lewis Jones, L-.-M. McGoodwin, Jim Willcoxon, J.Bert
Curtsinger, E.J. Ball, Walter Niblock, Ed Clement, Milton
Davis Harold Lieberenz, Emil Sonneman, Jim Vizzier, Charles
Harvey, Mrs. Goerge Templeton, Gerald Fox, Harwood Barry.
The meeting was called to order by Allan Gilbert, Vice-chairmen.
The first item of business on the agenda was that of Evelyn Hills Shopping
Center, Inc. Mr. Fox explained that this rezoning petition had been appealed
to the Board of Directors after denial by the Planning Commission members.
The applicants had requested a hearing by the Board of Directors,at which
time the Board voted to postpone action on the petition for a period of not
• more than 120 days. During this time the opponents and proponents of the
application were to work together to recolve their problems and present their
solution to the Planning Commission for reconsideration.
E.J. Ball, Attorney for the proponents, asked that this be further postponed.
Lewis Jones, Attorney for the opponents, said plans were being worked out and
would be ready for presentation, in written form, to the commission within
a short time.
Ernest Jacks asked Mr. Fox if a further postponement would be of any legal
problem.
Mr. Fox said that since the purpose of the postponement was for reaching an
agreement between the opponents and proponents the case could be continued
until this agreement had been worked out satisfactorily.
Morton Gitelman asked if the Planning Commission could take further action
on a petition which they had so recently denied.
Mr. Fox explained that this presentation by the opponents and proponents
was only of an informative nature. The appeal can go back to the Board of
Directors and with a majority vote of the members,the decision of the Planning
Commission can be over-ruled.
A motion was made by Morton Gitelman for a continuance of the Evely Hills peti-
. tion, the motion was seconded by Roy Clinton and approved unanimously.
The second item of business of the agenda was the rezoning petition of McGoodwin,
Williams and Yates, Inc. for Lots one (1) and two (2), Block six (6) of Oakland
Hills Addition to the City of Fayetteville, Arkansas.
Min. 2/20/68 (2)
• Mr. L.M. McGoodwin represented the petition and explained that the plans as
originally drawn would have called for almost complete coverage of Lot one.
It was decided that if Lot two could be rezoned for commercial use, there
would be more adequate room for parking and also would provide a more de-
sireable appearance. Mr. McGoodwin also.:pointed out that the property would
be fenced.
Ms. Gilbert asked if anyone was present in opposition to this petition.
Mr. Clarence Nelson, 1153 Glen Lane, expressed the opinion that the property
in this vicinity had recently been upgraded by rezoning to R -1B, and that
if these two lots were rezoned to C-1, this would in turn be a downgrading
of the neighborhood and probably cause an increse of traffic in the area.
No one else was present to speak for or against the petition, so the hearing
was closed,
the rezoning petition initiated by the Planning Commission for property on
Rolling Hills Drive was next on the agenda.
Allan Gilbert Vice-chairman, explained that this petition was initiated in
order to change the rezoning of the balance of Lots 7, 8 and 9 of Block 7 and
Lot 1 of Block 6, of Oakland Hills Addition, to R -1B, to agree with the sur-
rounding area. This portion of property was omitted when the original rezoning
of this area was initiated.
• Mr. Clarence Nelson spoke in favor of this petition.
Mrs McGoodwin-explained that he had checked the Zoning Ordinance and that
the lots in question, excluding Lot 1 of Block 6, could only be used for
residential purposes as they are predominately in the residential zone.
Mr. Gilbert asked if there were any objections or further questions to
this petition. There were none, so the hearing on this petition was closed.
The next petition scheduled for public hearing was that of the Country Club
Estates Corporation.
Jimmie Taylor, President of Jimmie Taylor and Company, Incorporated, owners
of this property presented engineers drawings of the area in question and
pointed out the areas which have been reserved for apartment buildings. He
and Melvin Bell, Engineer for the proposed subdivision explained the access
to be provided for adjacent property.
Mr. Gerald Fox pointed out that if the two properties, proposed for apartments,
were left in the 0-1, Open Land District, they could be used for multi -family
housing units.
Mr. Lieberenz explained that these areas are in the A-1, Annexed Territory
District, which permits single family dwellings only.
• There was further general discussion, however, no one was present to oppose
the rezoning so this hearing was considered closed.
The petition of Ed Warmack for rezoning of __property on North 71 Highway from
R -P to C-2, was next on the agenda.
Min. 2/20/68 (3)
Mr. Walter Niblock, Attorney for Mr. Warmack, presented plans to the Planning
• Commission members, showing the layout of the planned Kroger Value Village,
he explained that this is a $500,000.00 project and would include a variety
of shops including a cafeteria style restaurant.
Mr. Harwood Barry, Land agent for Kroger, explained that the screening hedge
on the east side would be 'retained and improved.
Ernest Jacks asked if this property is the present location of the McGoodwin,
Williams and Yates, Inc. office.
Mr. McGoodwin said it was, but that the property had been sold and he no longer
has any connection with it.
Roy Clinton asked about the total acreage of the property.
Mr. McGoodwin answered that there is 6.4 acres.
Mr. Barry explained that this is essentially a shopping center within one
building. There is one in Fort Smith which is surrounded by a residential
neighborhood without objections from the property owners.
Walter Brown asked if Lee Avenue is open up to this property.
Mr. Fox expalined that the street has been dedicated but has not been opened
and improved all the way up to the property.
• Allan Gilbert asked if all the adjacent property owners were notified of the
rezoning proposal.
The Planning Administrator answered that letters had been sent to all the
property owners whose names and addresses had been provided.
Mr. Harvey, 3301 Martin Street, an adjacent property owner said he had no
objections to the rezoning.
Mr. Barry explained that the parking lot would be blacktopped, however, there
would be approximately a 20' strip left between the blacktop and the hedge
on the east side of the property which would be left as lawn and would be
mowed.
Walter Brown asked if there was any access from the north.
Mr. Niblock answered that the entrances would have to be from Highway 71 North
and Lee Avenue.
Mr. Gilbert asked if anyone wished to speak in opposition to this petition.
No one did, the purpose of the hearing on this petition having been served,
it was closed.
Mr. Garland Lierly!s petition for rezoning of property located on Wedington
Drive and Porter Road was scheduled for public hearing next.
. Mr. Lierly explained that he was asking for rezoning of this property from
R -1B, Single Family Residential District, to C-1, Neighborhood Commercial
District.
Ernest Jacks asked if he had plans for commercial development of the property.
Min. 2/20/68 (4)
• Mr. Ernest Jacks asked if he had plans for commercial development of the property.
Mr. Lierly said he thought the property could possibly be used for an office
building or something along that line but that he had nothing.'definite in mind.
Mr. Milton Davis, owner of the property adjacent to and east of Mr. Lierly's,
said he was in favor of this rezoning.
Mr. Gilbert asked if there was any opposition.
Mrs. George Templeton, 937 Sang Avenue, said show was opposed to this rezoning,
as this was close to the Asbell Elementary School and in a residential neighborhood.
She expressed the opinion that any additional commercial activity in this neigh-
borhood would increase the traffic. She said she personally did not feel that all
highways should be opened for commercial activity. She pointed out that the Davis
property adjacent to Mr. Lierly's was petitioned for rezoning previously and was
very wisely, in her opinion, denied.
No one else was present to be heard either for or against this petition so the
hearing was closed.
The petition of Mr. Milton Davis for rezoning of property at 2350 lnledington Drive
was next on the agenda.
Mr. Davis explained that he now operates a grocery store at this address. Since
the store has been in operation for a number of years it is considered a legal,
• non -conforming 'use'. He has asked for rezoning to a C-1, Neighborhood Commercial
District, in order that he can make improvments and additions to the business.
He pointed out that there are other commercial establishments west of his property.
Mrs. Templeton explained that the creek which crosses 16 Highway just west of
Porter Road has been a dividing line between the commercial and residential
property.
Harold Lieberenz explained that legal, non -conforming uses can be expanded and
improved, under the regulations of the Zoning Ordinance, with the written consent
of the owners or of the duly authorized agents of such owners, owning at least 75%
of the street frontage of those parcels of property which are within the City and :
all or part of which are within three hundred feet of the lot on which the non-
conforming structure is located.
Ernest Jacks told the members that Mr. Andy Lucas, 2139 Ora Drive, has contacted
him objecting to this rezoning.
Mr. Garland Lierly said he was in favor on the rezoning of this property.
This completed the public hearings scheduled for this meeting.
Mr. Gilbert asked if there were any corrections or ammendments to the minutes
of the February 2nd meeting. There here none and these were approved as mailed.
40 all
James Mashburn was called from the meeting on an emergency, having heard
all the public hearings, he marked his votes for each of the petitions. This
was given to Mr. Gilbert, Vice-chairman.
The petition of McGoodwi.n, Williams and Yates, Inc. was considered for action first.
14in. 2/20/68
(5)
Morton Gitelman moved that the Planning Commission recommend to the Board
• of Directors that an ordinance be adopted for the purpose of rezoning the
property of McGoodtiri.n, Williams and Yates, Inc., from C-2 and R -1B, to all
C-1, as petitioned. The motion was seconded by Ernest Jacks and approved
unanimously.
h �5H5 : was Sri E RESOLUTION PC 5-68 , ;HHK5r3 rtiu :Hr �xHhY � u H;
WHEREAS, a public hearing was held by the Planning Commission, Tuesday,
February 20, 1968, 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 rec-
commendation to the Board of Directors on the rezoning petition of McGoodwin,
Williams and Yates, Inca
NOW
THEREFORE,
BE IT
RECOWII NDED 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, and C-2, Thoroughfare Commercial
District, to all C-1, Neighborhood Commercial district, the property described
as follows:
LEGAL DESCRIPTION:
• Lot one (1) and two (2), Block six (6) Oakland Hills Addition to the City
of Fayetteville, Arkansas.
SECTION 2. That the above-described property be rezoned from R -IB, Single
Family Residential District, and C-2, Thoroughfare Commercial District, to all
C-1, Neighborhood Commercial District, so that the petitioner may develop both
lots for commercial purposes.
PASSED AND APPROVED this 20th day of February 1968.
APPROVED:
CLARK McCLINTON, CHAIRMAN
88%is# IY ::i'.:
Morton Gitelman made a motion that the Planning Commission recommend to the
Board of Directors that an ordinance be adopted rezoning the property, as
initiated by the Planning Commission, omitting Lot one (1) of Block six (6)
of Oakland Hills Addition, from C-2 to R -1B, as petitioned. The motion was
• seconded by Roy Clinton and unanimously approved.
iHHF3:SY-i.�::--moi,-k ;HHH;-7HHH H�,:�HHHHHH:�H RESOLUTION PC 6-68 -'%H"�^ "^"^HH.`SFi.`'•iH.-SHH�
WHEREAS, a public hearing was held by the Planning Commission, Tuesday,
Min. 2/20/68
(6)
• February 20, 1968, fifteen (15) days after a sign was erected upon the pro-
perty 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 initiated
by the Planning Commission.
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 C-2, Thoroughfare Commercial District, to R -1B, Single Family Residential
District, the property described as follows:
LEGAL DESCRIPTION:
A part of the Northeast Quarter (NEI.) of the Northeast Quarter (NE�)
of Section 35, T -17-N, R -30•-W, more particularly described as beginning
150 feet east of the Southwest corner of said 40 acre tract at a point
where the south line of said 40 acre tract intersects the West right-of-
way line of Oaks Manor Drive and running thence East along the South line
of said 40 acre tract to a point where said South line intersects with the
South right-of-way line of Rolling Hills Drive; thence West in a Northwesterly
direction along the South right-of-way line of Rolling Hills Drive to a point
where said right-of-way line intersects the West right-of-way line of Oaks
• Manor Drive; thence South along the West line of said right-of-way line to the
point of beginning.
SECTION -2.:. :That .the, abov_e;,described property. :be..rezoned"from C-2,i::Thor-'
oughfare Commercial District, to R -IB, Single Family Residential District, so
that platted lots will be uniformly zoned.
PASSED AND APPROVED this 20th day of February , 1968.
APPROVED:
CLARK M•iCCLINTON, CHAIRMAN
LisI18:-K8fii;1f3Y.H814iF
The petition of Country Club Estates was discussed.
Roy Clinton asked if there were any plans for access from Highway 71 to the
property other than 24th street.
• Mr. Fox answered that there are no plans at the present time.
Morton Gitelman expressed his objections to the R-3 zoning of the two tracts
designated as he feels this could be handled at a later date when this land
was ready for development.
There was no.:further discussion of this petition.
Min. 2/20/68 (7)
Ernest Jacks moved that the Planning Commission recommend to the Board of
• Directors that an ordinance be adopted for the purpose of rezoning of the
property of Country Club Estates Corporation from A-1 and 0-1, to R -1A
and R-3 as petitioned. The motion was seconded by Roy Clinton and approved
unanimously.
In KKKpk RESOLUTION PC 7-68
61I-IEREAS, a public hearing was held by the Planning Commission, Tuesday,
February 20, 1968, fifteen (15) days after a sign was erected upon the pro-
perty 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 rec-
commendation to the Board of Directors on the rezoning petition of Country
Club Estates Corporation;
NO.J,
THEREFORE, BE
IT
RECOi`LMENDED BY THE CITY
PLANNING COH4ISSION TO
THE BOARD
OF DIRECTORS
OF
THE CITY OF FAYETTEVILLE,
ARKANSAS:
SECTION 1. That an ordinance be adopted for the purpose of rezoning
from A-1, Annexed Territory District, and 0-1, Open Land district, to R-lA,
Single Family Residential District, all of said real estate except the two
tracts hereinafter described as "TRACT All and'TRACT B", which are to be
rezoned to R-3, ILIti-family Residential District.
• LEGAL DESCRIPTION:
Part of the Northwest Quarter (AIS1I) of the Northwest Quarter (NW1) and part
of the Southwest Quarter (SWI) of the Northwest Quarter (AGII) and part of
the Northwest Quarter (NW: ) of the Southwest Quarter (SIJ.) all in Bection
27, and part of the Northeast Quarter (NEI) of the Northeast Quarter (IEI)
and part of the Southeast Quarter (SE -41) of the Northeast Quarter NEI and
part of the Southwest Quarter (SS1I) of the Northeast Quarter (NE4) and part
of the Northeast Quarter (NEI) of the Southeast Quarter (SEI) all in Section
28, T -16-N, R-30-61, Washington County, Arkansas, more particularly described
as follows:
Beginning at the Southwest corner of the PM1 of the Southeast Quarter (SEI)
of said Section 28 thence S 860 14' E, 794.96 feet along the South line of
said NL4 of the SEI to the center line of an existing road; thence N 050
58' 58" E, 69186 feet along the centerline of an existing road; thence N 050
58' 58" E 285.47 feet along the centerline of an existing road; thence N
050 00' 42" I.1, 83.91 feet along the centerline of an existing road to an
intersection.with the centerline of Country Club Road, said intersection
being at a point of curvature in Country Club Road; thence Southeasterly
along the centerline of Country Club Road along an arc having a length of
395.42 feet with a„radius of 399.32 feet to a point of curvature in Country
Club Road; thence Southeasterly along the centerline of said road along an
arc having a length of 187.33 feet and a radius of 216.23 feet to a point
of curvature; thence S 280 37' 02” E, 49.97 feet along a tangent section of
• said Country Club Road; thence S 280 37' 0211 E, 45.30 feet to a point on the
South line of the NEI of the SEI of said Section 28; thence S 860 14' 40"
E, 69.51 feet to the Southeast corner of said I -EI of the SEI of Section 28;
thence S 87° 11' 20" E, 1323.22 feet along the South line of the M14 of the
SI -11 of Section 27 to the Southeast corenr of said N11I of the SW1 of Section
27; thence N 030 06' 40; E, 849.55 let along the East line of said Itl� of
11in. 2/20/68 (8)
the SR -1w of Section 27; thence N 701 03' 30" W, 350.19 feet; thence N 441
• 47' 00" W, 332.31 feet; thence N 221 16' 00" w, 423.66 feet; thence N 13°
31' 33" I'4 379.20 feet; thence N 130 27' 40" 1.1, 170.85 feet; thence N 111
44' 00" 1•15 227.99 feet; thence N 070 01' 20" E, 331.63 feet to the North
line of the Sd-?; of the I.1I of said Section 27; thence N 86° 52' 10" W, 264.93
feetalong the North line of said E7.14 of the M1.14 of Section 27; thence N 030
10' 00" E, 873.56 feet; thence N 860 35' 20" W5 183.39 feet; thence S 03° 03' 40"
W, 916.03 feet to an intersection with the centerline of an existing road;
thence S 280 32' 14" W, 97.91 feet along said centerline to a point of curv-
ature; thence Southwesterly along the centerline of said road along an arc
having a length of 196.98 feet and a radius of 463.74 feet to a point of
tangency; thence S 040 11' 59" >'1, 109.91 feet along the centerline of said
existing road to a point of curvature; thence Southwesterly along the center-
line of said existing road along an arc having a length of 284.60 feet and
a radius of 183.30 feet to a point of tangency; thence N 86° 50' 29" W,
670.41 feet along the centerline of said existing road to an intersection
with the centerline of Country Club Road; thence N 080 00' 27" E, 204.41 feet
to the centerlir_e of Country Club Road at a point of curvature; thence North -
40
LI
easterly along the centerline of Country Club Road along an arc having a length
of 171.91 feet and a radius of 280.72 feet to a point of curvature; thence
N 470 32' 38" E, 142.67 feet along the centerline of Country Club Road in a
tangent section; thence Northerly along the centerline of Country Club Road
along an arc having a length of 186.02 feet and a raduis of 70.76 feet to
a point of curvature- thence N 130 13' 40" W, 36.95 feet to the North line
of the SEI of the NEi of Section 28; thence N 86° 52' 10" W, 409.28 feet to the
Northwest corner of said SEI of the HE' of Section 28• thence S 031 09' 10" 1•11
655.16 feet along the West line of said SE -41 of the FE of Section 28; thence
S 030 17' 20" i•1, 326.77 feet along the West line of the SE4 of the NVz
of Section 28; thence S 640 11' 10" i•1, 31,3.91 feet thence S 030 28' 40" W,
177.91 feet to the South line of the SJ -43 of the Nri of said Section 28; thence
S 860 58' 40" E, 278.73 feet along the South line of said SI41 of the NE.' to the
Southeast corner of said b1114 of the NE4 of Section 28• thence S 03° 41' 50" ?•1,
1315.77 feet along the West line of the NE4 of the SEI of said Section 28 to
the point of beginning. Containing 119.42 net acres.
The following Tract "A" portion of real estate is to be rezoned from 0-1,
Open Land District, to R-3, Multi -family Residential District.
TRACT "A"
Beginning at the Northwest corner of the SE4 of the NEI of Section 28, T -16-N,
R-30-14; thence N 860 52' 10" E, 409.28 feet; thence Southerly to the South
right -of -gray line of i•1 24th Street and continue in a Southerly direction to
the point of intersection of the West right-of-way line of Country Club Road;
thence Southerly along the ?lest right -of -fray line of Country Club Drive to
the NE corner of Lot 1, Block 8; thence N 61° 10' 28" W, 229.23 feet to the
NI+1 corner of Lot 2, Block 8 thence N 420 35' 04" W, 316.41 feet;, thence N
030 17' 20" E, 326.77 feet; thence N 030 09' 10" E, 655.16 feet to the point
of beginning.
The following Tract
"B" portion of real
estate is to be rezoned from
0-1,
Open Land District
to R-3, Multi -family
Residential District.
TRACT "B"
Beginning at the Southeast corner of the N[•14 of the Sd-3 of Section 27 T -16-N,
R -30-W, thence S 870 11' 20" E, 33.7.73 feet; thence N b2o 48' 40" E,18.03 feet;
Kin. 2/20/68
(9)
thence ii 281 00' 001' E, 127.96 feet; thence N 570 05' 001' E, 353.07 feet; thence
S 03o 06' 40 W1 640 feet to the point of beginning.
• SECTION 2. That the above described property be rezoned from 0-1, Open
Land District, and A-1 Annexed Territory District, to R-lA, Single Family
Residential District, and R-3, Multi -family Residential District, so that
petitioners may develop as Country Club Estates Subdivision,
PASSED AND APPROVED this 20th day of February , 1968.
APPROVED:
CLARK McCLINTON, CHAIRMAN
:H: -i: ;;; i:-i(-SITY,SH=::-:E -i::: SHHHHY..S`H'-:HH,:=:FSHHHHH,"�?H:s"rif-S;-SHHHHH£:HHHH: 3HH::HHHHHHH'1 11 11�11,':HY.ciY,Hc
General discussion was held on the petition of Ed Warmack for property east of
Highway 71 North,
Morton Gitelman moved that this petition be denied, the motion was seconded by
Ernest Jacks,
40 Roy Clinton suggested that Lee Street should be closed if possible in order
that access could be provided from Highway 71 North only.
Wade Fincher asked how the building project would be effected if the petition was
denied.
h:r. Niblock explained that probable the planned cafeteria would have to be
omitted, although the Kroger Value Store could still be built.
I•r. Fox asked Mr. Lieberenz if the building was located entirely on the C-2,
property, could the R -P property be used for parking?
Mr. Lieberenz answered that in his opinion it probably could.
Horton Gitelman expressed his objections to this petition due to the normal
rubbish and refuse at the rear of grocery markets and other commercial activities.
Mr. Gilbert, Vice-chairman, asked for a vote on the motion for denial of this
petition and the following vote was recorded: Jacks, Brot•m, and Gitelman 'AYE',
Fincher, Boyd, Gilbert and Clinton 'NAY', therefore the motion was not passed.
Allan Gilbert asked the proponents if there were objections to parking in the
rear of the building.
rr. Barry said the preferred and normal plans for establishments of this sort
is for parking in front.
Roy Clinton moved that this rezoning petition be tabled for investigation of
the possibilities of closing a portion of Lee Avenue and parking in the R -P
zone. The motion was seconded by Walter Brown and the following vote was
recorded: Jacks, Brown, Gilbert, Clinton and Fincher 'AYE', Boyd and Gitelman
b:in. 2/20/68
(10)
'ABSTAINED'. There being five 'AYES' and two 'ABSTAINING' votes, the motion
was approved.
• The petition of Garland Lierly was next to be considered.
Walter Brown moved that the Planning Commission deny the petition ofrra land
Marl for rezoning from R -IB, to C-1 for his property on Wedington Drive
and Porter Road, the motion was seconded by Morton Gitelman, and the following
vote was recorded: Jacks, Broom, Gilbert, Clinton and Gitelman 'AYE', Fincher
'NAY', Boyd 'ABSTAINED'. There being five "AYES', one INAY' and one 'ABSTAINING'
vote, the motion was carried.
u uu• • w• RESOLUTION PG 8-68 ':
is H HH: -i -Y, -:'.'.'2.H• ,.'-7.., .nH:-n .l•H HH::• .( ::i:
WHEREAS, a public hearing was held by the Planning Commission, Tuesday,
February 20, 1968, 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 Garland
L. Lierly and Velma Pi. Lierly.
NON, THEREFORE, BE IT RECONSIENDED BY THE CITY PLAINING COMMISSION TO
THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That the petition requesting the rezoning of property, described
• as follows, from R -1B, Single Family Residential District, to C-1, Neighborhood
Commercial District, be denied.
•
LEGAL DESCRIPTION:
A part of the Southwest Quarter (SWI) of the Northwest Quarter (NW43),
of Section eight (8), in Township Sixteen (16) North, of Range Thirty
(30) I -lest of the 5th P.M., described as follows: Beginning at a point in the
centerline of State Highway No. 16 which is twenty-three (23) feet North of
the Southwest corenr of said forty acre tract, and running, thence East
twelve (12) rods; thence North two hundred sixty-four (264) feet; thence West
twelve (12) rods; thence South two hundred sixty-four (264) feet to the place
of beginning, containing one and two-tenths (1.2) acres, more or less.
SECTION 2. That the rezoning of the above described real estate would
not presently be desireable.
PASSED AND APPROVED this 20th day of February 1968,
APPROVED:
CLARK McCLINTON, CHAIRMAN
;:-i�iH': •SH:iH:'.H:iH;'. H: ��.�ii'riS:-n�-:H:::-::�.: ��. �Y::HHHf=.f-:ci;-I;ii:iH=:::H:-Y-i: 3HHH'.icir,:: �:�: �=�H'r:: ii?iHHHio'F:E-?HH:�.:-:HHH:i(�.:
Milton D. Davis' petition for rezoning was discussed.
Mlin. 2/20/66
• Walter Brown moved that the Planning Commission deny this request, motion
was seconded by Horton Gitelman,
Roy Clinton pointed out that since this business was established before being
annexed to the City it is a legal non -conforming 'use', which means that the
owner must go to the adjoining property owners for permission to make any
additions or improvement s to his business.
Wade Fincher pointed out that commercial zones have to be developed and must,
at times be within residential areas.
Walter Bram felt inserting a commercial zone would be downgrading to this
neighborhood.
Allan Gilbert called for a vote on the motion made by Por. Brown and the
following vote was recorded: Gilbert, Brown, Gitelman and Jacks, 'AYE',
Clinton and Fincher 'NAY', Boyd 'ABSTAINED'. There being four 'AYES', two
'NAYS', and one 'ABSTAINING' vote, the motion was approved.
RESOLUTION PC 9-66 ...., y
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MEREAS, a public hearing was held by the Planning Commission, Tuesday, Februray
20, 1966, 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
• MHEREAS, after the hearing the Planning Commission voted to make a recommendation
to the Board of Directors on the rezoning petition of Milton D. Davis.
NUH, THEREFORE, BE IT RECOMMENDED BY THE CITY PLUMING C0141ISSION TO THE BOARD
OF THE CITY OF FAYETTEiTILLE, ARKANSAS:
SECTION 1 That the petition requesting the rezoning of property described as
follows, from R-1B,.Single Family Residential District, to C-1, Neighborhood
Comaercial District, be denied.
LEGAL DESCRIPTION:
A part of the SWC of the Ide14 of Section 6, T -16-N, R -30-W, described as
follows: Beginning at a point which is twelve rods east of the Southwest
corner of said forty acre tract, and running, thence east ten rods; thence
north sixteen rods; thence west ten rods; thence south sixteen rods to the pl
place of beginning, containing one acre.
SECTION 2. Thzt the rezoning of the above described real estate would not
presently be desireable.
PASSED AND APPROVED this day of , 1966.
• APPROVED:
CL4RK i:cG"LI'NPON, CHAIRMAN
ilin. 2/20/68
(12)
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• The Planning Administrator was asked to contact Bir. Kincaid, City Attorney, and
obtain his opinion of parking in the R -P zone and the possibility of closeing
Lee Avenue, regarding the Ed Warmack petition.
There being no further business, the meeting was adjourned.
ATTEST:
ERNEST JACKS, SECRETARY
•
11
APPROVED:
CLARK McCLINTON, CHAIRNAN