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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. - 2 - 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. -3 - 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. -4 - 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. -5 - 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 • • -6 - 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 -7 - 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. �.1...1.1.1.1.1.1..1.1..1.1.1..1.1.1.1.1.1.1.1.1..1.1..•.1..1.1. 9 • Y •� .'1 tl 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 - s - 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 -9 - 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. - 10 - 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