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HomeMy WebLinkAbout1968-10-15 MinutesApproved: '-'JAZ//e MINUTES OF A PLANNING COMMISSION MEETING • The Planning Commission met at 3:15 P. M., Tuesday, October 15, 1968, in the Board of Directors' Room of the City Administration Building, City of Fayetteville, Arkansas. Others Present: Gerald Fox, Harold Lieberenz, James V12zier, Richard Wommock, Elvie Heiney, Lester Atkinson, Garland Morrision, Dallas Ward, E. J. Ball, Mr. Bexbaughm, Ken Lazenby, Frank Giles. The meeting was called to order by the Chairman, Clark McClinton. Under Old Business the items were concerning a 200 foot strip of land on Cleveland Street and a 200 foot strip along West Razorback Road. The members of the Planning Commission held a discussion and during the discussion the problem of lot depth along these strips were brought out. Most of the lots in the area range much deeper than the 200 feet requested in thetrezoning petition. The discussion was ended by a motion by Mroton Gitelman and seconded by Walter Brown to deny the rezoning request. The • motion was approved unanimously. Next on the agenda was approval of three (3) subdivision N ats. The first plat was the final plat of Winwood Estates. ✓ Harold Lieberenz, City Building Inspector, stated that other than a few minor changes the subdivision plat seemed to be in order. He requested that the final subdivision plat be approved on condition that the property owner furnish the City with the necessary sebdivision contract and also that the owner work out the street paving and water distribution system wihh the City Engineer. Ending a brief discussion of the plat was a motion by Roy Clinton and second by Morton Gitelman to approve the final plat of Winwood Estates, sdbjectyto minor changes to be worked out with the Building Inspector. The motion carried unanimously. The next plat for consideration by the Planning Commission was a preliminar7 plat of .. The Commission Chairman ask the Building Inspector if there were any problema concerning the plat. Mr. Lieberenz stated that there were only two (2) minor changes that he could see that needed to be made to the subdivision plat. He suggested that the preliminary plat be approved on condition that the property owner work out the street paving plans, drainage, water and sewer distribution • system with the City Engineer. Ones motion by Roy Clinton and second by Ernest Jacks the plat was approved unanimously. -2- • The third plat was a final plat of Brophy Addition. The Building Inspector stated that there were three (3) minor changes that needed to be made to the plat. He requested that the final subdivision plat be approved on condition that the property owner furnish the City with the necessary subdivision contract and also that the owner work out the street paving, drainage and water and sewer distribution system with the City Engineer. The final plat of Brophy Addition was unanimously approved by the Planning Commission Bubjeet to approval by the City Building Inspector and the City Engineer, on a motion by Roy Clinton and a second by Walter Brown. (Administrator's note: A letter withdrawing the petition was received in the Office of City Planning on September 20, 1968.) Next the minutes of the meeting of September 17., 1968 were approved unanimou ly by the Planning Commission members. I James Vizzier, City Planning onsultant, requested the Planning Commis sion Commission October00 .: members to attend a joint,meefing of the Board �City the landuse and street plan study made by his office. I PUnning • The first item of business under new business was a petition by John Roberts to rezone his property on Leverett Avenue from Rai, Multi -Family Residential District to C-2, Thoroughfare Commercial District. Representing Mr. Roberts was Richard Wammock. Mr. Wommack stated that the proposed use of the property, if rezoned, would be a "drive through" type restaurant established by the A. Q. Chichen House. He also stated that this type of establishment would be in keeping w&th the nature of the area because of the Commercial uses acregs Leverett Avenue from the property. After some discussion the public hearing on the rezoning request was closed. The second item of business on the agenda under New Business was a petition of James F. and Billye Fletcher requesting rezoning of their property on Highway 16 from A-1, Annexed Territory District to C-2, Thoroughfare Commercial District. Representigg the Fletchers was Mr. Elvis Heiney of Heiney Real Estate Company, Mr. Heiney stated that, if rezoned, the property would be used for a liquor store. . Chairman McClinton then ask if there was argon present opposing the rezoning. Mr. Lester Atkinson, approperty owner in the area, stated that he was represent- ing the property owners of the area and he presented to the Planning Commission a petition having 120 names opposing the rezoning of the property from A-1, Annexed Territory District to C-2, Thoroughfare Commercial District. From the m: area Garland Morrision and Dallas problemthat they opposed the rezoning for this use because of the traffic is this type of co= rcial use was :.,. against Mr. Don Ward, a home owner in the area of this property, also stated that he to/15/6a -3- felt that a liquor store would add to the traffic problem and with one only about one half mile from the Fletcher property, this would not be a good location. Attending the meeting were 3.1 persons opposing the rezoning. The public hearing was closed on this petition by the Chairman. The third petition requesting rezoning was from James E. Lindsey, the James E. Lindsey Trust, and General Management Corporation. The rezoning is requested for use of property located on Highway 71 North. The rezoning requested is from 01-1, Open Land District and A-1, Annexed Territory District to C-2, Thoroughfare Commercial District, R-31 Multi -Family Resident88l District, and R -1B, Single Family Residential District. Representing the applicants was Mr. E. J. Ball. Mr. Ball introduced Mr. Bexbaughm from General Management Corporation to the Planning Commission. Chairman McClinton then ask if anyone was present to oppose the rezoning request. No one was. The Chairman then closed the public hearing, Next on the agenda under New Business was a petition from Carl R. Ferguson re- questing rezoning of his property located on Rolling Hills Drive from R -1B, Single Bamily Residential District to P -U. Special Church District. L;I Reppesenting Mr. Ferguson was Ken Lazenby of Lazebby Real Estate Companyo After a short discussion Chairman McClinton ask if there was anyone present opposing the rezoning request, There being none the Chairman closed the public hearing. The last application was from Frank Giles for rezoning property on Florene Street in the Giles Addition from A-1, Annexed Territory District to R-2, Single Family Residential District, Mr. Giles was present to represent his;' petition. He stated that there were no single family residences along the-" street, but that there were several duplexes and that this was the proposed use of the land, if rezoned. Chairman McClinton then ask if anyone was present to oppose the rezoning. There being no we opposing the rezoning the Chairman closed the public hear At this time the Planning Commission started again with the first item of business under Now Business an the agenda. The Commission first took action on the request of John A. Roberts' petition] On a motion by Byron Boyd and second by Roy Clinton the Planning Commission • after a notice was published in the North Arkansas Times, a newspaper of general circulation; and 1:161111 gigolo 01111151 • • i. • • SECTION 1. That the petition be approved as to rezoning R-3, Multi -Family Residentddl District to C-2, Thoroughlare Commercial District. SECTION 2. That an ordinance be adopted for the purpose of rezoning from R-3, Multi -Family Resident"l'District to C-2, Thoroughfare Commercial District, the property described as follows: Lots numbered 1 and 2 and the North half of lot numbered 3 in Block numbered 16, Rose Hill Addition to the City of Fayetteville, Arkansas, as per Plat of said Addition on file in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. SECTION 3. That the above described property be rezoned from 11-3, Multi - Family Residential District to C-2, Thoroughfare Cammasrcial District. • PASSED AND APPROVED 15th day of October 1968. APPROVED: Clark McClinton, Chariman Next the Planning Commission acted on the petition of James and Billye Fletcher for rezoning of their property on Highway 16. James Mashburn moved that the Planning Cpmmission approve the request of the Fletchers for rezoning of their property. The vote was as follows: AYES: Jacks, Mashburn, Boyd, Gitelman and Brown. NAYS: Clinton, Gilbert and Fincher. The motion carried. WHEREAS, a public hearing was held by the Planning Commission, Tuesday, October 15, 1968, fifteen (15) days after a sign was erected upon the property and after a notice use 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 Hames F. and Billye Fletcher. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARRNASAS: • • 10/15/68 -5- SECTION 1. That the petition be Approved as to rezoning A-1, Annexed Territory District to C-2, Thoroughfare CommerciU District. SECTION 0. That an ordinance be adopted for the purpose of rezoning from A-1, Annexed Territory District to C-2, Thoroughfare Cc®ercial District the property described as follows: Part of the SO of the SA� of Section 13 and part of the NW� of the NW� of Section 24, all in Township 16 North of Range 30 West of the 5th P.M., County of Washington, State of Arkansas, being more particularly described as follows, to -wit: Beginning at a point on the North side of Section 24 where it intersects with the South aide of State Highway No. 16, said point being 440.7 feet East of the NW corner of said Section 24, thence South 72 degrees 5 minutes West along the right-of-way 42 feet; thence South 14 degrees 2 minutes East 340 feet; thence South 3 degrees 48 minutes West 106.3 feet to the center line of a public road; thence South 81 degrees 8 minutes East along the center line of said public road 32.3 feet; thence North 25 degrees 23 minutes East 211.52 feet along an existing fence; thence North 35 degrees 30 minutes East 52.67 feet; thence North 30 degrees East 72.17 feet; thence North 2 degrees 28 minutes West 229.25 feet to the South right-of-way line of said State Highway No. 16; thence South 72 degrees 5 minutes West along said right-of-way line 229.07 feet to the point of beginning, containing in all 1.9 acres, more or less. SECTION 3. That the above described property be rezoned from A-1, Annexed Territory District to C-2, Thoroughfaee Commercial District. PASSED AND APPROVED this 15th dgy of October. , 1968 2916y' • m CLARK ]SCCLINTON, CHAIRMAN The third item for action was the petition of James E. Lindsey, The James E. A motion tee approval was made by Ernest Jacks and seconded by Byron Boyd, The vote wavLu=vl�isus. WHEREAS, • upon the peoperty generaland after a notice was published in the Northwest Arkansas Times, a newspaper of WHEREAS, ._• the Planning recommendation Commission voted to make a to the Board of Directors on the rezoning petition of James E. Lindsey,Corporation. 10/15/68 6 - NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING, CommISSION TO THE BKRD OF DIRECTORS OF THE CITY OF FAIETTEVIIJZ, ARKANSAS: SECTION 1. That the petition be approved as to rezoning 0-1, Open Land District and A-1, Annexed Territory District to C-2, Thoroughfare Cammercial District, R-3, Multi -Family Residential District, and R -1B, Single Family Residential District. SECTION 2. That an ordinance be adopted for the purpose of rezoning from 0-1, Open Land District adnd A-1, Annexed Territory District to C-2, Thoroughfare Commercial District, R-3, Multi -Family Residential District and R -1B, Single Family Residential District, the property described as follows: The Northwest quarter of the Southeast quarter, except two and seventy-three hundredths (2.73) acres, described as follows: Beginning at the Norhteast corner of said forth (40 ) acre tract, and running, thence South 622 feet, hhence West 97 feet, thence North 160 581 West 650.3 feet, thence East 286.6 feet to theplane of beginning, and leaving 37.27 acres, more or less; A part of the outheatt quarter of the Southwest quarter and a part of the South-- east quarter all of Section 23, and being more particularly described as follows: Beginning at a point which is 300 feet North of the Southwest corner of the Southeast quarter of the Souhtwest quarter, and running thence North 1,020 feet to the Northwest corner thereof; thence East with the North line of said above mintioned 40 acre tracts 2,640 feet to the Northeast corner of the Southwest quarter of the Southeast quarter, thence South with East line of said Southwest • quarter of the Southeast quarter 1,020 feet to a point which is 300 feet North of the Southeast corner of Southwest quarter of the Southeast quarter, thence West on direct line 20640 feet to the place Of beginning and containing 61.818 acres, more or less, all above described lands being in Township 17 North of Range 30 West, and containing in all 99.988 acres, more or less, LESS AND EXCEPT all that part of the above described tracts now lying in U. S. Highway No. 71, as it now existl along the East line of said property. All that part of the Southeast quarter of the Northwest quarter, lying South of the middle of the channel of Clear Creek, and a part of the Northeast quarter of the Southwest quarter of Section 23, described as follows: Beginning at a point which is 208.71 feet West of the Northeast corner of said last mentioned 40 acre tract, and running, thence South parallel with the East line of sadd 40 acre tract 626.18 feet, thence East 208.71 feet of the East line of said 40 acre tract; thence South to the Southeast corner of said 40 acre tract, thence West 80 rods to the Southwest corner thereof, thence, North 54 rods, more or less, to the middle of the Channel of Clear Creek, thence up said creek in an Easterly direction with the meanderings of the middle of the channel thereof th the North line of said 40 acre tract, thence East to the place of beginning, all being in Township 17 North, Range 00 West, containing in all 37 acres, more or less. Approximately the 620 front footage which fronts on the West side of U. S. High- way 71 is presently zoned 0-1, Open Land District, and the balance of the afore- said real estate is presently zoned A-1, Annexed Territory District. . That part of the aforesaid real estate which is presently zoned as O-1, Open Land District amd A-1, Annexed Territory District is to be rezoned to C4, Thoroughfare Commercial District,ih-dgscribed as follows: Trevi-N®bered 1: A11 that part of the North 1,020 feet of the South East i 10/15/68 -7- quarter of the North East Quarter and the North West quarter of the Southeast quarter lying West of U. S. Highway 71; and the East 208.71 feet of the North 1,020 feet of the Southeast quarter of the Southwest quarter, and the East 208.71 feet of the South 693.87 feet of the Northeast quarter of the Southwest quarter, all in Section 23, Tommehip 17 North Range 30 West, Washington County:p Arkansas. That part of the aforesaid real estate which is presently zoned A-1, Annexed Territory District is to be rezoned R-3, Multi -Family Residential District is described as follows: Tract Numbered 2: Commencing at a point which is 300 feet North and 208.71 feet West of the Southeast corner of the Southeast quarter of the Southwest quarter of Section 23, running thence North to the North Boundary Line of the Northeast quarter of the Southwest quarter of sadd Section 23, thence West 400 feet, thence South 2,340 feet, thence East 400 feet to the point of beginning, all in Township 17 North, Range 30 West in Washington County, Arkansas, That part of the aforesaid real estate which is presently zoned A�l, Annexed Territory r Distki is described as follows: Tract Numbered 3: ThetWest 711.29 feet of the North 2,340 feet of the East Half of the Southwest quarter of Section 23, Township 17 North, Range DO West in • Washington County, Arkansas, SECTION 3. That the above described property be rezoned from 0-1, Open Land District and A-1, Annexed Territory District to C-20 Thoroughfare Commercial District, R-3, Multi -Family Residentidl District, and R -1B, Single Family Resid- ential Disttict. PASSED AM APPROVEDOctober CLARK • r �:.v�.�:�.r•,�.•: �.•���:•r .•::• .•.�.••r•' .v •.•rw:: �.c�.r :••t•:�:•.w.rrr,•:r.•:e•.�.c•.•w:•:r.•.r�r.� •. �:� .�. ClintonThe petition of Carl Ferguson was acted upon next, Roy made a motion motionto approve the request and the second was given by Ement Jacks. The was approved unanimously. •: '•:�.'•::•:•:•.�..•.•.�:•:•:�:•�:•:.•�.• RESOUJTION PC 3648•:•:•.•.•:w.�.•:•:�•.��.r•:•'•'�.�.•: •�.�•..•:.�.�. WHEREAS,, ._• was hold by the Planning Commission, Tuesday, • propertyupon newspaperand after a notice was published in the Northwest Arkansas Times, a general .. ,a and WHEREAS,.after the hearing the Planning... Ferguson.ationio the Board of Directors on the rezoning petition of Carl R. .10 10/15/68 10 NOW THEREFORE, BE IT RECOMMENDED BY THE CTrY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CIE3F OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the petition be approved as to rezoning R -1B, Single Family Residential Distiict to P-lA, Special Church District, SECTION 2. That an ordinance be adopted for the purpose of rezoning from R -1B, Single Family Residential District to P -1A, Special Church District, the property described as follows: Lots numbered 4, 5, 6, and a part of lot 7 in Block numbered $ in OakhaManor Subdivision to the City of Fayettettlle, Arkansas, County of Washington. SECTION 3. That the above described property be rezoned from R -1B, Single Family Residential District to P-- A, Special Church District. PASSED AND APPROVED this 15th day of October , 1968. •'2;•Y! 1 0 CLARK MCCLINTON, CHAIRMAN The last item of business to be acted upon was that of Frank Giles. On a motion by James Mashburn and second by Ernest Jacks the request of Mr. Giles was unanimously approved. WHEREAS, a public hearing was held by the Planning Commission, Tuesday, October 15, 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 Frank D. Giles. 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 approved as to rezoning A-1, Annexed Territory District to R-2, Two Family Residential District. is SECTION 2. That an ordinance be adopted for the purpose of rezoning from A-1, Annexed Territory Dtbtrict to R-2, Two Family Residential District, the property described as follows: BEGINNING AT A POINT 55 feet West and 20 feet South of the Northeast 10/15/68 -9- corner of the Northeast quarter (NEJ) of the Northwest Quarter (NW�) of Section 7, Township 16 North of Range 30 West; thence South 186 feet; thence West 160 feet; thence North 186 feet; thence East 160 feet to the point of beginning. SECTION 3. That the above described property be rezoned from A-1, Annexed Territory District to R-2, Two Family Residential District. PASSED AND APPROVED this 15th day of October , 1968 APPROVED: CLARK McCLINTON, CHAIRMAN KXXXX The meeting was adjourned at 5:15 P. M.