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HomeMy WebLinkAbout1968-09-17 MinutesiApproved 40e, MINUTES OF A CITY PLANNING COMMISSION MEETING The Planning Commission met at 4:00 P. M., Tuesday, September 17, 1966, in the Board of Directors' Room of the City Administration Building, City of Fayetteville, Arkansas. Members Present: Clark McClinton, Ernest Jacks, Allan Gilbert, Roy Clinton, Morton Gitelman, Walter Brown, Byron Boyd. Members Absent: James Mashburn, Wade Fincher. Others Present: Harold Lieberenz, Bass Trumbo, Gerald Fox, Lewis Jones, Charles Scharlau, A. D. McAllister, Jim Vizzier. The meeting was called to order by Vice Chairman, Allan Gilbert. Under Old Business, the first item of business was a petition by Joe B. Cogdell for rezoning of his property located West of the Washington County Fair Grounds. Bass Trumb6, attorney for Mr. Cogdell, was present and requested that the petition be tabled and Then the petition be withdrawn by letter, to be submitted again at a later date. The request was accepted by the Planning Commission. Chairman McClinton arrived at 4:25 P. M., and the chair was turned over • to him. The first item of business under new business was a public hearing on amendments to the Present Zoning Ordinance No. 1239. Mr. McClinton explained that there had been much thought abd study by the Planning Commission concerning the proposed amendments. Chairman McClinton then read a commentary on the proposed amendments to permit Fraternity and Sorority houses in R-2, R-3, and R-4 zoning districts. Following this Morton Gitelman then summerized and explained the amendments for all present. Chairman McClinton then ask if anyone had questions. Mr. A. D. McAllister, attorney for the Delta Nu House Corporation of Kappa Alpha Theta Fraternity asked if this ordinance amendment, if approved, would cause an amendment to the Planning Commissions approval of the Kappa Alpha Theta Fraternity rezoning request. Mr. Gitelman stated that the Planning Commission is no longer responsible for the Kappa Alpha Theta petition. The Board of Directors has the petition tabled and that the amendments, if passed would obly have inderect effect, if any on the Sorority. • Mr. Glenn Willis representing the Alpha Gamma Rho Fraternity ask if these amendments would be retroactive. Mr. Gitelman answered that under law it could not be retroactive. Minutes -- Page 2 9/17/68 • Chairman McClinton then asked if any of the Planning Commission members wanted to ask quastions. The question of amount of parking required was bought out by the members. After a brief discussion the decision was made to leave the requirements as stated. There being no further questions Chairman McClinton closed the public hear- ing on the proposed amendments to Zoning Ordinance No. 1239. The next items of business taken up were rezoning of property on Cleveland Street and on Razorback Road. The rezoning would be to an R-4, Multi - Family Residential and Dormitory District. Mr, Fox, City Manager, stated that these petitions were initiated by the Planning Commission rather than by a single person, upon request of the Board of Directors for further study of locations for Fraternity and S Sorority houses. Mr. Lewis Jones, attorney for the property owners around Cleveland Street, was heard from next. Mr. Jones stated that because therehhad been no formal petition against the rezoning he ask for each person present that opposed the rezoning stand and give their name and address for the record. • They are as follows: Mrs. Russell Paddock Mrs. Hilliard Jackson Mrs. John Robinson Mrs. George Holcomb Mrs, Lawrence Hall Mrs, Marie Brown Mrs. T. F. Gray Cleveland Street Oliver Road Vista Drive Sunset Avenue Sunset Avenue Cleveland Street Oliver Road Mr. Paul Lewis was next to speak. Mr. Lewis stated that he owner property on Cleveland Street that had a depth grater than 200 feet and that rezoning only a 200 foot strip would cause property owners in the area to have part of their lot zoned R-4, and the back part zoned R-lA. There being no further questions, Chairman McClinton closed the public hearing. The next item of business was a petition from B -H -V, Incorporated for rezon- ing of their property on Mt. Comfort Read from A-1, Annexed Territory District to 0-1, Open Land District. Representing the petition was Frank Bostwick, Mr. McClinton ask Mr. Bostwick what the proposed use of the land would be, if rezoned. Mr. Bostwick answered that middle income housing was proposed for the nine (9) acre tract. Mr. Wilson Kimbrough, Jr., representing the property owners in the area was next to speak. He presented a petition against the rezoning of the land. Minutes - Page 3 is 9/17/68 He also said that one major concern of the property owners in the area was that of utilities. There being no further discussion the public hearing was closed. Approval of the minutes was next on the agenda. The minutes of the August 20, 1968, meeting were approved as mailed. Next Chairman McClinton asked for further discussion of the Amendments to the Zoning Ordinance No. 1239. After some discussion Walter Brown made a motion for approval of the new amendments to the Zoning Ordinance No. 1239. The second was given by'Mortmn Gitelman. The motion carried by unanimous vote. RESOLUTION PC 31-68 xxxxxxxxxxxxxxxxxxxxxxxxxxxx WHEREAS, appublic hearing was held by the Planning Commission Tuesday, September 17, 1968, fifteen (15) days after Resolution PC 30-68 detailing the proposed amendments to the Zoning Ordinance was filed with the City Clerk and after notice was published in the Northwest Arkansas Times, a • newspaper of general circulation; and WHEREAS, on September 17, 1968 the Planning Commission voted to make a recommendation to the Board of Directors. NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That an ordinance be enacted for the purpose of amending Sections 3, 4, and 5 of Article V of Zoning Ordinance No. 1239, as amended (Appendix A, Fayetteville Code of Ordinances.) to permit fraternity and sorority houses within R-29 Two Family Residential District, R-3, Multi - Family Residential District, and R-4, Multi-Fagdly Residential and Dorm- itory District. SECTION 2. That Article V.,Section 3, 4, and 5 be further amended be adding another subsection to read as follows: 1. Article V, Section 3 is amended by adding at the end of subsection 2 the following new subsection: 112.a. Uses Permissible Upon Application to the Planning Commission. Fraternity and Sorority houses, subject to the following standards and conditions: a. Density — at least 1,000 square feet of land shall be required . for each resident to be housed. b. Open space -- no more than 33 1/3 percent of the lot shall be occupied by the structure. c. Area and buld -- only one (1) principal building shall be located on the site, which shall be subject to the following requirements. Minimum depth of front yard . 1 0 0 25 feet is E • Minutes — Page 4 9/17/68 Minimum depth of rear yard , , 30 feet Minimum sidshyard on each side . & 0 , 20 feet Minimum side yard along an intersecting street, except where the site fronts on the side (intersecting) street, in which case the side yard requirements shall be the same as for the front yard 20 feet d. Off-street parking -- one parking space shall be provided for each resident. e. Other standards and conditions — in addition to the above standards, the Planning Commission shall consider the following factors in deciding whether to grant the application; (1) "8rpiision of adequate ingress and egress to the parking area. (2) The traffic problems which may be created by the use. (3) The extent of interference with surrounding land uses. (4) The provision of adequate screening, fencing, or land- scaping to protect adjacent property. f. Procedures -- any party or parties desiring to make an application under this subsection shall (1) Comply with the fee and public hearing requirements of Article IX (Amendmdnt) of the Zoning Ordinance; and (2) Furnish to the Planning Commission at least 15 days prior to the public hearing a site plan sufficiently detailed to show compliance with the above standards and conditions. In the event the application is approved, no substantial variation from the said site plan may be made without formal approval of a majority of the Planning Commission.' 2. Article V, Section 4 is amended by adding at the end of subsection 2 the following new subsection: 112.a, Uses Permissible Under Application to the Planning Commission. Fraternity and Sorority houses sjubect to the follwoing standards and conditions: a. Density -- at least 500 square feet of land shall be required for each resident to be housed. b. Open space — no more than 33 1/3 percent of the lot shall be occupied by the structure. c. Area and buld -- only one (1) principal building shall be located on the site, which shall be sgbject to the following requirements: Minimum depth of front yard 25 feet Minimum depth of rear yard 25 feet Minimum side yard on each side 20 feet Minimum side yard along an intersecting street, except where the site fronts on the side (inter- secting) street, in which case the side yard requirements shall be the same as for the front yard . . . . 20 feet. d. Off-street parking -- one parking space shall be provided for each resident. Minutes -- Page 5 9/17/68 e. Other standards and conditions -- in addition to the above standards, the Planning Commission shall consider the following factors in deciding whether to grant the application: • (1) Provision of adequate ingress and egress to the parking area. (2) The traffic problems which may be created by the use. (3) The extent of interference with surrounding land uses. (4) The provision of adequate screening, fencing or land scaping to protect adjacent property. f. Procedures — any aprty or parties desiring to make an application under this subsection shall (10 Comply with the fee and public hearing requirements of Article IX (Amendment) of the Zoning Ordinance: and (2) Furnish to the Planning Commission at least 15 days prior to the public hearing a site plan sufficiently detailed to show compliance with the above standards and conditions. In the event the application is approved, no substantial variation from the said site plan may be made without formal approval of a mojority of the Planning Commission." 3. Article V, Section 5 is amended by substituting for the present title "R-4, Multi -Family Residential District" and adding at the end of subsection 2 the follwoing new subsection: 112.a. Uses Permissible Upon Application to the Planning Commission. Fraternity and Sorority houses spbject to the following standards and conditions: a. Density -- at least 500 square feet of land shall be required for f each resident to be jioused. • b. Open space -- no more than 33 1/3 percent of the lot shall be occupied by the structure. c. Area and buld -- only one (1) principal building shall be located on the site, which shall be spbject to the following requirements: Minimum depth of front yard 25 feet Minimum depth of rear yard 20 feet Minimum side yard on each side 20 feet Minimum side yard along an intersecting street, except where the site fronts on the side (intersecting) street, in which case the side yard require= ments shall be the same as for the front yard 20 feet d. Off-street parking -- one parking space shall be provided for each resident. at Other standards and conditions — in addition to the above standards, the Planning Commission shall consider the following factors in deciding whether to grant the application: (1) Provision of adequate ingress and egress to; the parking area. (2) The traffic problems which may be created by the use. (3) The extent of interference with surrounding land uses. (4) The provision of adequate screening, fencing, or land- scaping to protect adjacbnt property. f. Procedures -- any party or parties desiring to make an application under this subsection shall: (1) Comply with the fee and public hearing requirements of Article • IX (Amendment) of the Zoning Ordinance: and (2) Frunish to the Planning Commission at least 15 days prior to the public hearing a site plan sufficiently detailed to show compliance with the above standates and conditions Minutes -- Page 6 9/17/68 In the event that the application is approved, no substantial variation from the said site plan may be made without formal approval of a majority of the Planning Commission." • PASSED AHD APPROVED THIS 17th day of September 1968, The Planning Commission then gave further consideration to the petitions for rezoning of property on Cleveland Street and on Razorback Road. A motion to derby the rezoning petitions was made by Morton Gitelman and seconded by Walter Brown. The vote was 3 ayes and 3 nays. AYES: Jacks, Brown, Gitelman. NAYS: Gilbert, Boyd, McClinton. This resulted in a motion by Morton Gitelman and a second by Walter Brown to table the action on the petitions. The Vote was 4 Ayes and 2 Nays. AYES: Brown; Gitelman, Boyd, McElintdn�-k5, NAYSintOilbert and Jacks. The motion carried. The petition of B -H -V, Incorporated was the last item for reconsideration by the Planning Commission. A motion for approval of rezoning of the B -H -V, Inc. property from A-1, Annexed Territory District to R -IB, Single Family Residential District, was made by Walter Brown and seconded by Byron Boyd. • The vote was unanimous. RESOLUTION PC 32-68 WHEREAS, appublic hearing was held by the Planning Commission Tuesday, September 17, 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 ommission voted to make a recommendation to the Board of Directors on She rezoning petition of B -H -V, Incorporated. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the petition be denied as to rezoning from A-1, Annexed Territory District, to 0-1, Open Land District. However, the City Planning Commission recommends to the Board of Directors to rezon6nthe area petitioned from A-1, Annexed Territory District, to R -IB, Single Family Residential District. SECTION 2. That an ordinance be adopted for the purpose of rezoning from A-1, Annexed Territoyr District, to R -IB, Single Family Residnetial District, the property described as follows: • The East Half of the West Half of the Northeast Quarter of the Southwest Quarter of Section 6 in Township 16 North, range 30 West, Washington County, Arkansas. Minutes -- Page 7 9/17/68 SECTlON 3. That the above described property be rezoned from A-1, • Annexed Territory District, to R -1H, Single Family Residential District, so ;that the petitioner may develop the above property for residential uses. PASSED AND APPROVED 17th day of September , 1968s The meeting was adjourned at 7:00 P. M. • •