HomeMy WebLinkAbout1969-04-15 MinutesMINUTES OF A PLANNING COMMISSION MEETING.
aThe Planning Commission met at 3:30 p.m. on Tuesday, April 15, 1969
in the Board of Directors Room of the City Administration Building,
Fayetteville, Arkansas,
Members Present: Clark McClinton, Ernest Jacks, Wade Fincher,
Roy Clinton, James Mashburn, Morton Gitelman,
Walter Brown.
Members Absent: Allan Gilbert, Byron Boyd.
Others Present: Edward Harding, Harold Lieberenz, Hugh Kincaid,
Wesley Howe, Herman Tuck, Vernon Wilson, Walter
Nibblock, Jim Vizzier, Bob Mayes, Mrs. Ora Belle
Rollow.
The meeting was called to order by the Chairman, Clark McClinton.
The first rezoning petition was submitted by Mr. Herman Tuck and Herman Tuck
was for property located on the east side of St. Charles Avenue Post Office
for an addition to the Post Office. The zoning change requested
was from R-4, Multi -Family and Dormitory District to C-3, Central
Commercial District.
Representing the petition was the postmaster, Herman A. Tuck. He
said that the extention of Post Office facilities was recommended
• by the department and that they recommended purchasing these pieces
of property. He said that .they would like to get started on this
extention as soon as possible.
Mr. Tuck stated that with this new facility the Post Office would
furnish employee parking which would get them off of the street.
Walter Brown said that he was concerned about the traffic problem
there. He asked what the possibilities wereof allowing a drive
through to get some of the traffic off of the street.
Mr. Tuck stated that the main problem is that the person has to
back out of the parking places at the Post Office.
Mr. Brown asked if a drive through could be created out of what
is now the parking lot and have no parking there in the future.
Mr. Vizzier asked if a mail box could be put on the building
where the parking lot is being taken away and just let the people
drive through.
Mr. Lieberenz had a plot plan showing the proposed Post Office
building additions.
There being no objections and no further questions, the public
40
hearing was declared closed.
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Next on the agenda was the rezoning petition of the Red Arrow Land
Company and Mrs. Delorah • Pilcher requesting the rezoning of property Red Arrow Land Co. located south of Eighteenth Street and east of West Custer Lane from Delorah Pilcher
R-2, Two Family Residential District to C-2, Thoroughfare Commercial
District.
Representing the petition was Walter Nibblock, attorney. Mr. Nibblock
stated that because of disagreement from adjoining property owners
he wished to amend his rezoning petition to ask that the property be
rezoned to C-1, Neighborhood Commercial District instead of C-2,
Thoroughfare Commercial District. He also wished to reduce the area
requested to be rezoned to Lots 1, 2, 3 of Block 1 of Red Arrow Sub-
division #2 and only the north three hundred (300) feet of lots 11
and 12 of Cornelious Addition. Mr. Nibblock stated that the adjoin-
ing property owner who objected was afraid thata liquor stole would
be put in on the land if it was zoned as C-2. A C-1 zone would not
permit a liquor store being built.
Mr. Nibblock said that Lot 3 had power lines on it which would make it
unsuitable for a residential dwelling. He said that his clients feel
that the terrain is more suited to commercial development.
Roy Clinton asked what was on the property east of lote,1,2,and 3.
Mr. Nibblock said that Mrs. Pilcher's dwelling was on the east half
of lot 12 and nothing is on the other lots.
• Mr. Bob.Mays, attorney, representing the adjoining property owner
who had to petition against the C-2 zoning was present. Mr. Mayes
said that his client, Mr. Arnold, had withdrawn his petition because
the change to C-1 zoning was acceptable to him.
Ernest Jacks asked if this property has access to the by-pass.
Mr. Nibblock said that it does have only from Eighteenth Street to
Highway 16.
There being no more discussion, the public hearing was closed.
The third item on the agenda is the petition of the Housing Authority City Housing Authority
of the City of Fayetteville, Arkansas. The Housing Authority is
requesting the rezoning of property located south of Stone Street from
R-2, Two Family Residential District to R-3, Multi -Family Residential
District. Representing the Housing Authority was Mr. Hugh Kincaid.
In this site there are some two story three bedroom apartments.
Mr. Clinton asked what the actual width of the property is.
Mr. Kincaid said that the property is 408.67' by 534'.
Walter Brown asked if there was any opposition to this project.
• Mr. Kincaid said not that he knew of.
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There being no opposition and no further questions, the public hearing
• was declared closed.
The next rezoning petition was from Kate Mitchell who is requesting Kate Mitchell
the rezoning of property located on Highway 45 East from A-1, Annexed
Territory District to C-2, Thoroughfare Commercial District. Repre-
senting this petition was Mr. Walter Nibblock. Mr. Nibblock stated
that this property consisted of 2 acres and that he felt the area
needed some commercial development.
Mr. Nibblock said that his client has plans to sell the two acres to
Doctor Edmisten and that she desires to have this zoned C-2 so that
Doctor can have a clinic erected on the site.
Mr. Jacks asked what Dr. Edmistenfs objection was to R -P, Professional
Office Residential District.
Mr. Nibblock said that the R -P zoning permits not more than two offices
in any building and that 2 acres was too much space for two doctors.
Mr. Gitelman asked what if when the city rewrites the rezoning ordi-
nance it is possible to build in a R-P,zone. He asked if there is
any sense of immediacy about this project.
Mr. Nibblock said that his client has an offer and an acceptance and
in order to sell this she must have it rezoned.
• Mr. Brown said that Mrs. Mitchell has a residence on this property
and asked if Dr. Edmisten plans to use it for an office.
Mr. Nibblock said that he did not know what the plans were.
There being no one opposed and no further questions the public
hearing was declared closed.
Next on the agenda was the petition of Mr. Harold Johnson but since
no one was present to represent the case there was no discussion on
it at this time.
The next item of business was the petition of Edward
G. Harding,
Edward G.
Harding
Mr. C. J. Murphy, and Mr. R.
C. Murphy for rezoning
of property
C.J. Murphy
located on the east side of
South School Avenue and
south of 26th
R.C. Murphy
Street from R-2, Two Family
Residential District to
C72, Thorough-
fare Commercial District.
Representing the petition was Mr. Edward G. Harding. Mr. Harding
stated that the rezoning was needed in order to build a warehouse
for Southwest Piano and Van Service Inc.
Walter Brown asked if the property that the present building is on
is R-21 Two Family Residential District.
• Mr. Harding said that it is commercial.
aMrdjoining McClinton
asked Mr.
Hrding how far the building will be from the
o
Harding said that it would be one (1) foot.
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There being no one opposed and no further questions, the public hear-
ing was declared closed.
Mr. Harold Johnson arrived at this time to represent his case. He Harold Johnson
is asking for rezoning of property located on the west side of Root
Avenue and south of Highway 62 from A-1, Annexed Territory District
to R-3, Multi -Family Residential District.
Mr. Gitelman asked if the property adjoined the by-pass. Mr. Johnson
said that one section of it does.
Mr. Gitelman asked who owns the property around Mr. Johnson's
property.
Mr. Johnson stated that either he or his brothers own all the
property adjoining the property to be rezoned.
Mr. Brown asked if there was any way other than Root Street to the
by-pass. Mr. Johnson said that there is not.
There being no opposition and no further questions the public hearing
was closed.
The first petition to be acted on was the petition of Herman A. Tuck Herman A. Tuck
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 located on the east side of St. Charles
• Avenue, north of Dickson Street, from R-41 Multi -Family Residential
and Dormitory District to C-3, Central Commercial District as
petitioned. The motion was seconded by James Mashburn and approved
unanimously.
RESOLUTION PC 15-69]OOOtxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx3
WHEREAS, a public hearing was held by the Planning Commission,
Tuesday, April 15, 1969, 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 Herman A. Tuck.
NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMIS-
SION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSIS,
SECTION 1. That an ordinance be adopted for the purpose of
rezoning from R-4, Multi -Family Residential and Dormitory District
to C-3, Central Commercial District said real estate.
LEGAL DESCRIPTION:
• Lots 10,11, 123 13 of Block 9 of the County Court Addition to
the City of Fayetteville, Arkansas which is part of Section 16
of Township 16 North, Range 30 West.
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SECTION 2. That the above-described property be rezoned from
R-4, Multi -Family Residential and Dormitory District to C-3,
Central Commercial District, so that the petitioner may make an
extention onto the Post Office,
PASSED AND APPROVED this 15th day of April , 1969.
APPROVED:
~CLARK MCCLINTON, CHAIRMAN
Next a motion was made by Roy Clinton to approve the petition of
Red Arrow Land Company and Mrs. Pilcher as amended to rezone lots
11 2, 3 of block 1 of Red Arrow Subdivision #2 and the north three
hundred (300) feet of lots 11 and 12 of Cornelious Addition from
R-2, Two Family Residential District to C-1, Neighborhood Commer-
cial District. Tkis motion was seconded by Wade Fincher,
Morton Gitelman said that he is concerned about the traffic
problems there.
He asked Mr. Jim Vizzier, City Planning Consultant, whether the
• proposed land use plan shows that part of the city will be
commercial.
Mr. Vizzier said that the north side of Highway 16 will be commer-
cial but the south side was not planned commercially because of the
subdivision there. Mr. Vizzier said that he understood that the
ones rezoning the property owned the property that the subdivision
is on.
Mr. Brown said that he is concerned about the traffic.
Mr. McClinton asked Mr. Howe if the Board of Directors would be
favorably inclined toward this petition.
Mr. Howe, City Manager, stated that the members of the Board are
becoming increasingly concerned about traffic and the need to
keep streets to their primary function, which is moving traffic.
Mr. Clinton stated that C-1 zoning would keep traffic down and
that the area needs dome commercial activty-
The motion was then voted on. The motion failed with a vote of 3
ayes, 2 nays, and 1 abstention. Walter Brown and Morton Gitelman
voted against the motion. Ernest Jacks abstained.
• Mr. Howe said that he has a letter from the Attorney General which
states that for 9 members there must be at least 5 votes in favor
of the matter being voted on for it to pass. Therefore, the motion
Delorah Pilcher
Red Arrow Land Co.
CI
•
•
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failed to pass and the petition of Red Arrow Land Company and Mrs.
Delorah Pilcher was tabled for lack of action.
Roy Clinton moved that the Planning Commission recommend to the
Board of Directors that an ordinance be adopted for the purpose of
rezoning the property of the Housing Authority of the City of
Fayetteville, Arkansas from R-2, Two Family Residential District
to R-3, Multi -Family Residential District as petitioned on the
grounds that the proposed building will be compatible with the
usage in the area. The motion was seconded by Morton Gitelman
and approved unanimously.
WHEREAS, a public hearing was held by the Planning Commission,
Tuesday, April 15, 1969, 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 the Housing Authority of the City of Fayetteville,
Arkansas,
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-2, Two -Family Residential District, to R-3, Multi.
Family Residential District said real estate.
LEGAU.DESCRIPTION
A part of the Southeast quarter of the Southwest quarter
of Section 17, Township 16 North, Range 30 West, described
as follows: Beginning at a point which is 766 feet North
and 40' West of the Southeast corner of said forty acre
tract, thence West 408.67 feet, thence North 00 35.3'
West 534 feet, thence East 408.67 feet, thence South 00
35.3' East 534 feet to the point of beginning, containing
4.8 acres more or less.
SECTION 2. That the above-described property be rezoned from
R-2, Two Family Residential District, to R-3, Multi -Family Residen-
tial District, so that the petitioner may develop the property for
a Public Housing Project.
PASSED-`AND`APPROVED3this-a -615th r.daygofrtApril ' - `, 1969:;
�a
APPROVED.
CLARK MCCLINTON, CHAIRMAN
City Housing Authority
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Action was taken next on the petition of Kate Mitchell who is request- Kate Mitchell
ing the rezoning of property located on Highway 45 East from A-1, Annexed
• Territory District to C-2, Thoroughfare Commercial District.
Walter Brown made a motion to deny this rezoning request because the
rezoning of the above described real estate would not presently be
desirable. The motion was seconded by Ernest Jacks,
Y
Mr. McClinton asked about recommending R -P, Professional Office Residen-
tial District.
The motion to deny this petition was then voted on and the motion
passed with a vote of 5 ayes and 2 nays. Opposing the motion were
Wade Fincher and James Mashburn.
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WHEREAS,'a public hearing was held by the City Planning Commission,
Tuesday, April 15, 1969, fifteen (15) days after a sign was erected on
the property and after a notice was published in the Northwest Arkansas
Times, a newspaper of general circulation; and
WHEREAS, after the public hearing, the Planning Commission voted
to make a recommendation to the Board of Directors on the petition of
Kate Mitchell for rezoning;
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 requesting the rezoning of property,
described as follows, from A-1, Annexed Territory District to C-21
Central Commercial District, be denied.
LEGAL DESCRIPTION:
Part of the Northeast Quarter of the Southwest Quarter of
Section 1,Township 16, North of Range 30 West, more
particularly described as beginning at the Southwest Corner
of said 40 acre tract, thence East Three Hundred Eighteen
feet; thence North Three Hundred and Twenty-six and Seventy
Five Hundredths feet; to the South right of way line of State
Highway No. 45; thence in a Southwesterly direction along the
south right of way line of said highway to the West line of
said 40 acre tract; thence South to the point of beginning,
containing two acres more or less.
SECTION 2. That the rezoning of the above described real estate
would not presently be desireable.
r-1
LJ
PASSED AND APPROVED this 15th day of April969.
APPROVED:
CLARK MCCLINTON, CHAIRMAN
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The next petition to be acted on was the petition of Harold B.
Johnson. Walter Brown moved that the Planning Commission recommend
•to the Board of Directors that an ordinance be adopted for the purpose
of rezoning the property located on the west side of Root Avenue and
south of Highway 62 from A-1, Annexed Territory District to R-3,
Multi -Family Residential District. The motion was seconded by Roy
Clinton and approved unanimously.
RESOLUTION PC 18•-69 XXM00LXXUXXX
WHEREAS, a public hearing was held by the Planning Commission,
Tuesday, April 15, 1969, 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 Harold B. Johnson,
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 A-1, Annexed Territory District, to R-3, Multi -Family
Residential District said real estate.
LEGAL DESCRIPTION:
• A part of the Southeast quarter of the Northeast quarter of
Section nineteen (19), in Township sixteen (16) North, of
Range thirty (30) West of the 5th Principal Meridian, des-
cribed as follows{ to -wit: Beginning at a point one hundred
eighty-seven (1871 feet South of the North East corner of
said forty acre tract, and running, thence South four hundred
twenty (420) feet;tthence West three hundred fifteen (315)
feet; thence North four hundred twenty (420) feet; thence East
three hundred fifteen (315) feet 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-3, Multi -Family Residential District,
so that the petitioner may build apartment buildings.
PASSED AND APPROVED this 15th qday. bf':TApril:._a !_% 41;11969.
APPROVED:
CLARK McCLINTON, CHAIRMAN
Harold B. Johnson
•• • • ••••••• ••• • • • ••• • • ••• • • • ••• •• • •••• •• •• ••• • ••• • • • •••• •
The next petition to be acted on was the petition submitted by Edward G. Harding
Edward G. Harding, C. J. Murphy and R. C. Murphy, Cois !NET)hv
R.C. Murphy
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Morton Gitelman made a motion that the Planning Commission recommend
• to the Board of Directors that an ordinance be adopted for the pur-
pose of rezoning the property located on the east side of South
School Avenue and south of 26th Street from R-2, Two Family Resi-
dential District to C-2, Thoroughfare Commercial Distiict as petit-
ioned on the grounds that it conforms with the surrounding land
uses. The motion was seconded by Ernest Jacks and approved
unanimously.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx RESOLUTION PC 19-69
WHEREAS, a public hearing was held by the Planning Commission,
Tuesday, April 15, 1969, 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 Edward G. Harding, C. J. Murphy, and R. C. Murphy,
NCW, 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-2, Thorough-�",
fare Commercial District said real estate.
• LEGAL DESCRIPTION:
Lot 5, Grandview Heights Sub -Division
Lot 6, Grandview Heights Sub -Division
Lot 7, Grandview Heights Sub -Division
SECTION 2. That the above-described property be rezoned from
R-2, Two Family Residential District, to C-2, Thoroughfare Commercial
District, so that the petitioner may add onto existing facilities.
PASSED AND APPROVED this 15th day of April 1969.
APPROVED:
CLARK McCLINTON, CHAIRMAN
Next on.the agenda to be taken care of were two items of old business.
The first item of old business was the petition for rezoning which Joe Rutledge
was submitted by Joe Rutledge. At the last Planning Commission
• meeting, this petition was sent to the Board of Directors without
recommendation. The Board of Directors then sent it back to the
Planning Commission to take action on.
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Walter Brown made a motion that the Planning Commission recommend
to the Board of Directors that the petition of Joe Rutledge, who
is
is requesting the rezoning of property located on Highway 62 West
from A-1, Annexed Territory District to C-2, Thoroughfare Commer-
cial District, be denied because the rezoning of the above
described real estate would not presently be desireable.
The motion was seconded by Morton Gitelman and approved with a
vote of 5 ayes, 1 nay by James Mashburn and 1 abstention by Wade
Fincher.
WHEREAS, a public hearing was held by the Planning Commission,
Tuesday, February 25, 1969, 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
table the rezoning petition of Joe L. and Madge Rutledge requesting
rezoning from A-1, Annexed Territory District to C-2, Thoroughfare
Commercial District of the property described as follows:
Part of the Southwest quarter of the Northeast quarter of
Section 19 in Township 16 North, Range 30 West more partic-
ularly described as beginning at a point which is 210 feet
East of the Northwest corner of said forty acre tract, and
• running thence East 57 feet; thence South 150 East 280 feet
to the North line of Highway No. 62 West; thence West along
the North line of said Highway 365 feet, more or less to its
intersection with the West line of said forty acre tract;
thence North along said West line to a point 112 feet South
of the Northwest corner of said forty acre tract; thence
East 210 feet; thence North 112 feet to the point of begin-
ning, containing 2.5 acres, more or less.
This property is on West 62 Highway and is located on the North-
east corner of the intersection of Highway 62 West and One Mile
Road.
WHEREAS, at a meeting on April 1, 1969, the petition was re-
submitted to the Planning Commission for=consideration, however,
as a result of failure to obtain a majority vote on any of the
proposed motions, the Planning Commission was unable to approve
or disapprove the rezoning petition at this meeting.
WHEREAS, at a meeting on April 15, 1969, the petition was
resubmitted again to the Planning Commission for consideration and
the Planning Commission voted to make a recommendation to the Board
of Directors on the petition of Joe L. and Madge Rutledge;
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 requesting the rezoning of the
property described above, from A-1, Annexed Territory District to
-u -
C -2, Thoroughfare Commercial District, be denied.
• SECTION 2. That the rezoning of the above described real
estate would not presently be desireable.
PASSED AND APPROVED this 15th day of April , 1969.
APPROVED:
CLARK McCLINTON, CHAIRMAN
The next item of old business was the lot split sketch submitted Vernon Wilson
by Vernon Wilson which was tabled at the last meeting to find
out if the Planning Commission has the desire to require Mr.
Wilson to curb and gutter the north side of Calvin Street.
Mr. Howe stated that he would not suggest that Mr. Wilson be
required to curb and gutter the north side of Calvin Street and
would not recommend that Broadview Road be extended south through
Mr. Wilson's property to Calvin Street.
Ernest Jacks asked Mr. Howe why he does not recommend that Broad-
view Road be extended south through the property. Mr. Howe said
that he did not see any use for it to be extended.
After a long discussion Walter Brown made a motion to approve Mr.
Wilson's proposed lot split on condition that he have a final
subdivision plat prepared according to the requirements as set
out in the subdivision ordinance. The motion was seconded by
Morton Gitelman and it carried unanimously.
There being no'further business, the meeting was adjourned at
5:30 p.m.
0
lb
FAYETTEVILLE, ARKANSAS
Dear Parent and Citizen:
April 21, 1969
You may have read in the newspaper that the City Board of Directors
are to conduct a series of five Neighborhood Board Meetings beginning May
12 and ending May 16.
The format of the program calls for a presentation of the proposed land
use plan, which in simple terms will serve as.a policy guide for the develop-
ment of land within the City. In addition, a presentation will be made of
the proposed master street plan and public facilities plana All..of these
plans together will make up the City's Comprehensive Plan and will be used
as a policy guide after adoption by the City Board of Directors.
Several facets of the proposed Comprehensive Plan will be of particular
significance to your neighborhood and its future development. It is import-
ant, therefore, that you make the utmost effort to attend at least one or
more of these Neighborhood Meetings, particularly, the one closest to your
neighborhood.
The meeting dates, places, and time are as follows:
• May 12 Ramey School Auditorium 7:00 P.M.
May 13 Asbell School Cafetorium 7:00 P.M.
May 14 Woodland School Cafeteria 7:00 P.M.
May 15 Root School Cafetorium- 7:00 P.M.
May 16 Jefferson School Cafetorium 7:00 P.M.
Your attendance and participation at one or more of these meetings is
strongly encouraged. Come and express your views about the proposed plans
and any other issue or problem which you would like to discuss.
In addition to thIe Board of Directors, others in attendance to aid in
answering questions will be members of the Planning Commission, City Depart-
ment Heads, Administrative Assistant, and City Manager Wesley M. Howe, and
myself.
The members of the City Board, myself, and the City Manager welcome this
opportunity to meet and discuss City problems with you. We willibe looking
forwtard'to seeing you at one of the meetings.
Sincerely, ;
GM:vt
I
earland Melton,
`4
Mayor
City Board Members