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HomeMy WebLinkAbout1969-05-20 Minutesa)0Pnovzd MINUTES OF A PLANNING COMMISSION MEETING The Planning Commission met at 4:00 p.m. on Tuesday, May 20, 1969, in •the Board of Directors Room of the City Administration Building, Fayette- ville, Arkansas. Members Present: Clark McClinton, Ernest Jacks, Roy Clinton, James Mashburn, Morton Gitelman, Walter Brown, Members Absent: Allan Gilbert, Wade Fincher, Byron Boyd. Others Present: Charles C.�Cox, Harold Lieberenz, Wesley M. Howe, J.F. Robinson, A.P. Eason, Jr., Phyllis L. Street, Jim Vizzier, Vernon Wilson, Bob Thomas. The meeting was called to order by the chairman, Clark McClinton. The first item under old business on the agenda was action on the final plat of the Phase II Winwood Estates. Mr. Lieberenz stated that the subdivision committee approved this final plat at a meeting on April 15, 1969. Ernest Jacks made a motion to approve this final plat. Roy Clinton seconded the motion and it was approved unanimously. RESOLUTION PC 22-69 WHEREAS, at its regular meeting on Tuesday, May 20, 1969, the • Planning Commission voted to make a recommendation to the Board of Directors on the final subdivision plat known as Phase Two of Win - wood Estates submitted by Benny Winborn and Mildred Winborn. 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 City of Fayetteville, Arkansas accept the final plat along with the land dedicated for streets and other public uses in the Phase Two of Winwood Estates subdivision described as follows: A part of the Ej of the LWof Section 2, Township 16 North of Range 30 West of the Fifth Principal Meriden, Fayetteville, Arkansas, more particularly described as follows: Beginning at the Southwest corner of the,East half of the Fractional Northwest Quarter of said Section 2; Thence North 1273.70 feet; Thence North 89055' East 683.18 feet; Thence South 1276.76 Feet; Thence North 890 49' West, 683.18 Feet to point of beginning. PASSED AND APPROVED this 20th day of May 1969. APPROVED: CLARK McCLINTON, CHAIRMAN Phase II Winwood Estates • • - 2 - ATTEST: ERNEST JACKS, SECRETARY The second item under old business on the final plat of Parkwood Subdivision, which Subdivision Committee on April 15, 1969. agenda was action on the Parkwood Subdivision was also approved by the Ernest Jacks made a motion to approve this plat. The motion was seconded by Walter Brown and was approved unanimously. WHEREAS, at its regular meeting on Tuesday, May 20, 1969, the Planning Commission voted to make a recommendation to the Board of Directors on the final subdivision plat known as Parkwood Subdivis- ion submitted by Leo P. Peel and WHEREAS, the Planning Commission recommend that because the necessary improvements have not been installed in said subdivision that Leo P. Peel enter into and furnish the City with the necessary subdivision contract before the Board of Directors accepts this final subdivision plat. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. The necessary subdivision contract be executed with the City prior to the Board of Directors accepting the final subdivision plat. SECTION 2. That the City of Fayetteville, Arkansas accept the final plat along with the land dedicated for streets and other public uses in the Parkwood Subdivision described as follows: A part of Lot numbered Two, Seamster Place, an addition to the City of Fayetteville, Arkansas, more particularly described as follows, to wit: Beginning at a point 10 feet South and 119.81 feet.East of the Northwest corner of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section Nine (9) in Township Sixteen North, Range Thirty West, Thence South 89 Degrees 28 Minutes East 540.19 Feet; Thence South 0 Degrees 12 Minutes West 320 feet; Thence North 89 Degrees 28 Minutes West 290 feet; Thence South 0 Degrees 12 Minutes West 80 feet; Thence North 89 Degrees 28 Minutes West 178.4 feet; Thence North 0 Degrees212 Minutes East 149 feet; Thence North 89 Degrees.28 Minutes West 127.7 feet to the East line of Gregg Avenue Thence Northerly along the East line of Gregg Avenue 243 feet more or less to the point of beginning containing 4.32 acres, more or less. -3 - PASSED AND APPROVED this 20th day of May , 1969. APPROVED: CLARK McCLINTON, CHAIRMAN The first item on the agenda under new business was a rezoning petition submitted by Otto Gage requesting the rezoning of property located on the north side of Rock Street between Mill Avenue and Willow Avenue from R-3, Multi -Family Residential District to C-2, Thoroughfare Commercial District. There being no one present to represent the petition or to oppose the petition, no discussion took place at that time. The second petition was submitted by Charles C. Cox requesting the rezoning of property located on the south side of Old Wire Road North approximately 2,000 feet east of Old Missouri Road from A-1, Annexed Territory District to R-lA, Single Family Residential District. Mr. Cox stated that he needs the rezoning in order to get a building permit to finish a house which was started January 1, 1966. He said that there is already one house located on the Northeast corner of • this property. Mr. Lieberenz, Building Inspector, said that Mr. Cox has enough land area for the present house but needs to have his property rezoned in order to build another house on it. The next rezoning petition was Stubblefield, and Mr. and Mrs. the rezoning of the following Otto Gage Charles Cox submitted by Ralph Stubblefield, Roland Ralph Stubblefield I Ellis C. Bogan. They are requesting Roland Stubblefield ,racts of property: Ellis Bogan Site "A" located on the east side of Old Missouri Road approximately 400 feet south of Mud Creek and Paradise Golf Course, from A-1, Annexed Terri- tory District to R-lA, Single Family Residential District, Site "B" located approximately 600 feet east of Old Missouri Road and just south of Mud Creek and Paradise Golf Course, from A-1, Annexed Territory District to R-3, Multi -Family Residential District. Site "C" located approximately 400 feet south of Mud Creek and Paradise Golf Course and approximately 1100 feet east of Old Missouri Road from A-1, Annexed Territory District to R-lA, Single Family Resi- dential District. Representing this petition for amendment to the zoning map were J.F. Robinson and A.P. Eason, Jr. Mr. Robinson stated that the real party in interest is Epson and Company, who are buying Tracts A, B, and C. -4 - Eason and Company have plans to build luxury apartments on this • property for wealthy retired people; the apartments will not be for couples with children or for college students etc. Mr. Bob Thomas, an adjoining property owner, stated that he had come to object to the apartments being built but changed his mind due to the restrictions under which the apartments will be rented. Bob Thomas had a letter from Mrs. Wallace V. Wilson, another adjoining property owner, who stated that she objects to Site "B" being changed from A-1, Annexed Territory District to R-3, Multi - Family Residential District on the grounds that she feels Multi - Family Dwellings in that area would be undesirable. Also present was adjoining property owner, Mrs. Phyllis L. Street, who objected to the apartments being built there on the grounds that this rezoning could start a chain reaction of rezoning of this type near her property. Mr. Lieberenz stated that Otto Gage could not get a building permit to erect a new building unless the property was rezoned. Morton Gitelman stated that in view of the recommendation of the Otto Gage staff report that he would make a motion that the rezoning petition of Otto Gage $e denied for the following reasons: "The proposed zoning is inconsistant with land use planning • objectives because it constitutes the rezoning of a small parcel of property for commercial use within the midst of property zoned for residential use; sometimes called "spot° zoning. The property lies within a portion of the City which has a high frequency of dilapitated and deteriorating residences and which is slated for intensive upgrading or demolition and rebuilding in the plans for community renewal now being formulated. The existance of a commercial parcel of p,,roperty would be a detriment to the upgrading of the neighborhood. An expansion of the existing nonconforming commercial use (a tavern) or new commercial use at this location would increase traffic in a residential neighborhood." The motion by Morton Gitelman was seconded by Walter Brown and passed unanimously. WHEREAS, a public hearing was held by the City Planning Commission, Tuesday, May 20, 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 Otto Gage for rezoning; 0 • -5- 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 R-3, Multi -Family Residential District, to C-2, Thoroughfare Commercial District, be denied. LEGAL DESCRIPTION: A part of lot numbered (28) in the County Court Plat of the Northwest Quarter (NW�) of the Southwest Quarter (SW4) of Section (15) in Township (16) North Range (30) West, to the City of Fayetteville, Arkansas, as the same is known and designated upon the plat of said Addition now on record in the office of the Recorder of said County, and being more particularly described as: Beginning at a stone on Alexander Hendry's North line and South and West from a large Sycamore tree; thence East 32 feet for a beginning point; thence East 62 feet; thence North 115 feet; thence West 62 feet; thence South 115 feet to the point of beginning. A part of lot numbered Twenty-eight (28) in the County Court Plat of the Northwest Quarter of the Southwest Quarter of Section fifteen (15) in Township Sixteen (16) North of Range thirty (30) West to the City of Fayetteville, as the same is known and designated upon the plat of said Addition and being more particularly described as: Beginning at a stone on Alexander Hendry's North line and South and West from a large Sycamore tree; thence East thirty-two (32) feet; thence North one hundred fifteen (115) feet; thence West thirty- two (32) feet; thence South one hundred fifteen (115) feet; to the point of beginning. SECTION 2. That the rezoning of the above described real estate would not presently be desireable. PASSED AND APPROVED this 20th day of May , 1969. APPROVED: N CLARK McCLINTON, CHAIRMAN Action was taken next on the rezoning petition of Charles C. A motion was made by James Mashburn to approve this petition recommendation of the staff report. This motion was seconded Ernest Jacks and was approved unanimously. 0 X RESOLUTION PC 25-69 Cox. on by • 0 40 -6- WHEREAS, a public hearing was held by the Planning Commission, Tuesday, May 20, 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 Charles C. Cox. 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 A-1, Annexed Territory District, to R -IA, Single Family Residential District said real estate:. LEGAL DESCRIPTION: Part of the North half of the Southeast quarter of Section thirty six (36) in Township seventeen (17) North of Range thirty (30) West, described as follows: Beginning at a point in the center- line of the Old Wire Road which is eighty-five (85) feet East of the center of the North side of said eighty (80) acre tract, and running, thence South 130201 East eight hundred twenty nine and six -tenths (829.6) feet; thence South 59035' West two hundred twenty nine and two hundredths (229.02) feet; thence North 130201 West five hundred eighty and four hundredths (580.14) feet to the center -line of said road; thence Northeasterly with said road to the point 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-lA, Single Family Residential District, so that the petitioner may obtain a building permit to complete a house. PASSED AND APPROVED this 20th day of May , 1969. APPROVED: CLARK McCLINTON, CHAIRMAN James Mashburn made a motion to approve the rezoning petition Ralph Stubblefield submitted by Ralph Stubblefield, Roland Stubblefield, and Mr. Roland Stubblefield and Mrs. Ellis C. Bogan on the grounds that it is consistent Ellis C. Bogan with proposed land use in the area and on the recommendation of the staff report. The motion was seconded by Ernest Jacks and was unanimously approved. RESOLUTION PC 26-69 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx WHEREAS, a public hearing was held by the Planning Commission, Tuesday, May 20, 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 tot he Board of Directors on the rezoning petition of Ralph Stubblefield, Roland Stubblefield, and Mr. and Mrs. Ellis C. Bogan. 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 rezoning the following real estate known as Tract "A", Tract "B", and Tract "C". TRACT "All That the following described property in Tract A be rezoned from A-1, Annexed Territory District to R-lA, Single Family Residential District, LEGAL DESCRIPTION A part of the North half of the Southeast Quarter of Section twenty five (25), in Township seventeen (17) North, Range thirty (30) West, described as follows: Beginning at the Southeast corner of said 80 -acre tract THENCE North 150 feet; THENCE West 1,783.20 feet; THENCE North 250 feet; THENCE • South 85127' West 630.05 feet, more or less, to the center line of Old Missouri Road; THENCE with center line of said road South 8026' East 350.05 feet more or less to the South line of said North half of the Southeast quarter; THENCE East 2,360.40 feet to the point of beginning. TRACT "B" That the following described property in Tract "B" be rezoned from A-1, Annexed Territory District to R-3, Multi -Family Residential District. LEGAL DESCRIPTION A part of the North half of the Southeast Quarter of Section twenty five (25), in Township seventeen (17) North, Range thirty (30) West, described as follows: Beginning at the Southeast corner of said 80 -acre tract THENCE North 150 feet; THENCE West 1,321.60 feet for a point of beginning; THENCE West 461.6 feet; THENCE North 250 feet; THENCE North 0*411 East 449.90 feet; THENCE North 760571 East 300.74 feet; THENCE North 55024' East 198.82 feet; THENCE South 875 feet to the point of beginning. TRACT "C" That the following described property in Tract "C" be rezoned from A-1, Annexed Territory District to R-lA, Single Family Residential • District. -8 - LEGAL • A part of the North half of the Southeast Quarter of Section twenty five (25), in Township seventeen (17) North, Range thirty (30) West, described as follows: Beginning at the Southeast corner of said 80 -acre tract THENCE North 150 feet for a point of beginning; THENCE West 1,321.60 feet; THENCE North 200 feet; THENCE East 1,321.60 feet; THENCE South 200 feet to the point of beginning. SECTION 2. That the above described property be rezoned from A-1, Annexed Territory District to R-lA, Single Family Residential District and R-3, Multi -Family Residential District, so petitioners may develop this property. PASSED AND APPROVED this 20th day of May , 1969. APPROVED: CIARK MCCLINTON, CHAIRMAN The next item on the agenda was the appointment of a Zoning Committee. It was decided by the Planning Commission that a Zoning Committee was not needed at the present time. The minutes of the May 6, 1969 Planning Commission meeting were approved at this time. Chairman McClinton requested that Morton Gitelman, Ei'nest Jacks, and Jim Vizzier work with Wesley M. Howe, City Manager, on an ordinance that would give the Planning Commission the authority to enforce agreements made between petitioners for rezoning and the City Planning Commission. Chairman McClinton stated that he had received a letter from Suzanne "Peg" Lighton requesting that the City Planning Commission re-establish the name "Lighton Trail" to that part of Center Street east of Fletcher Avenue. She stated that the original plat of Rodgers Place subdivision plat showed the street in question to be named "Lighton Trail." Since the Planning Commission thought that changing this street name might cause some confusion, it was decided toask for a staff report on the matter. There being no further business, the meeting was adjourned at 5:25 p.m. n U