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HomeMy WebLinkAbout1969-10-21 MinutesApproved November 18, 1969 MINUTES OF A PLANNING COMMISSION MEETING 40 The Planning Commission met at 4:00 P.M. on Tuesday, October 21, 1969, in the Directors Room of the City Administration Building, Fayetteville, Arkansas. Members Present: Clark McClinton, Allan Gilbert, Dr. James Mashburn, Ernest Jacks, Dr. Walter Brown, Byron Boyd, Roy Clinton, Morton Gitelman. Members Absent: Wade Fincher. Others Present: Harold Lieberenz, Larry Wood, Jim Vizzier, Wesley Howe, R. C. Harding, Paul Jameson, Don Kemp, Ellis Thurman, Carl Williams, Charles C. Shepherd, Harvey D. Luttrell, Lewis Jones, Austin Parrish. The meeting was called to order by Chairman, Clark McClinton. The first item of business was the rezoning petition of R. C. Harding for property located on the Northwest corner of the intersection of Leverett Avenue and Caraway Street from R-3, Multi -Family Residential District, to R-4, Multi -Family Residential and Dormitory District. Mr. R. C. Harding represented the petition, stating that he desired to have the property rezoned because.of the larger number of apart- • ment units that would be allowed. He felt the substantial R-4, Multi -Family Residential and Dormitory District, immediately South of his property to be a factor in his favor. Opposing this petition was Ellis Thurman, Prairie Grove, who owns the property on the corner of Cleveland and Storer, Northeast of the Harding property. The alley between the two properties is partly surfaced and he has had difficulty with young people racing through the alley. There being no further questions or information the public hearing was declared closed. R. C. Harding The next item of business was a request to close an alley filed by C. Dwight Dodson, Nancy Sue Dodson, Merwyn G. Bridenstine, Freda L. Dodson-Bridenstine- Bridenstine, and P. C. Boatright. The alley begins at California Boatright Boulevard and runs Northwesterly to the platted intersection of ALLEY CLOSING West Maryland Street and West Center Street in Oak Park Place Addition. Representing this petition was Lewis Jones, Attorney for petitioners. All utility companies and the City Engineer have granted their approval to closing said alley. The petitioners own all the property on both sides of the alley and have granted the telephone company an easement to cross their property. There being no further questions, the public hearing was declared • closed. 10-21-69 -2- The third petition presented to the Planning Commission was filed by Arverna Christine Watson to rezone property located North of U. S. Highway 62 West and South of the Old Farmington Road and • to the East of the new Highway 71 By -Pass, from A-1, Annexed Arverna Christine Watson Territory District, to C-2, Thoroughfare Commercial District, Paul Jameson, Attorney, represented the Watson petition. He stated the tract consists of 12+1 acres which the petitioner feels is best suited to commercial development designed to serve the motoring public, initially perhaps a gasoline service station on a portion of the land. There being no opposition present and no other information available, the public hearing was declared closed. The next item of business was the petition of Charles C. Shepherd and Harvey D. Luttrell to rezone property located on the East side of Oakland Avenue between Holly Street and Lawson Street from R-2, Two -Family Residential District, to R-3, Multi -Family Residential District. Austin Parrish represented the petitioners. The 241 foot by 300 foot piece of property provided large enough area for development of a nice apartment unit, which is what the petitioners have planned. Opposing the rezoning was Carl Williams who stated he has just • bought the property to the North in order to move away from the Chateau, Inc., apartment unit. He does not desire another this near to him. There being no further information or discussion, the public hearing was declared closed. The petition of Bryce J. Davis to rezone property located on the West side of State Highway 112 and North of the Highway 71 By-pass from A-1, Annexed Territory District, to C-23 Thoroughfare Commercial District, was brought before the Planning Commission at this time. There being no one to either represent the petition or oppose it, the public hearing was declared closed. The Commission discussed the petition of R. C. Harding again at this time. The Staff Report could find no compelling reason to adjust the present fairly firm zoning boundary line at this time and cited the property lies within the University of Arkansas future campus plan. Rezoning would allow only a slightly higher density. Dr. Walter Brown moved the petition be denied, in accordance with the Staff Report, and Roy Clinton seconded the motion. The motion carried unanimously, and the petition was denied. 40 Charles C. Shepherd Harvey D. Luttrell Bryce J. Davis R. C. Harding 10-21-69 -3- RESOLUTION PC 49-6911611''1 16 Ci')0DDDaXXKXXXXXX • WHEREAS, a public hearing was el �i by the City Planning Commission, Tuesday, October 21, 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 R. C. Harding 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 R-3, Multi -Family Residential District, to R-4, Multi -Family Residential and Dormitory District, be denied. LEGAL Lots One (1) and Two (2), Block Three (3), Leverett's Third Addition to the City of Fayetteville, Arkansas. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. • PASSED AND APPROVED this 21st day of October , 1969. APPROVED: CLARK McCLINTON, CHAIRMAN A motion was made by Dr. James Mashburn to approve the alley closing Alley Closing petition of C. Dwight Dodson, Nancy Sue Dodson, Merwyn G. Bridenstine, Freda L. Bridenstine, and P. C. Boatright, Roy Clinton seconded the motion and approval was unanimous. WHEREAS, the petition of C. Dwight Dodson, Nancy Sue Dodson, Merwyn G. Bridenstine, Freda L. Bridenstine, and P. C. Boatright for vacating an alley was presented to the City Planning Commission for recommendation. WHEREAS, at a meeting on October 21, 1969, the City Planning Commission voted to make a recommendation to the City Board of Directors on vacating the alley. 0 10-21-69 -4- NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING `. COMMISSION/10 THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That after the public hearing an ordinance be adopted for the purpose of closing the public alley herein described as follows: A 15 foot alley being a part of the Oak Park Place Addition to the City of Fayetteville, Arkansas, and described as beginning at California Boulevard and extending Northwesterly to the platted intersection of West Maryland Street and West Center Street intersection and bounded on the Northeast by Lot 124 and Lot 109 and bounded on the Southwest by Lot 123 and Lot 110, PASSED AND APPROVED this 21st day of October 1969. APPROVED: CLARK McCLINTON, CHAIRMAN • The Commission discussed the Arverna Christine Watson rezoning petition again at this time. A question arose as to whether Arverna Christine Watson they could legally require the conditions suggested in the Staff Report --landscape screening and platting of the property. Ernest Jacks moved that the petition be approved on basis of the Staff Report. Dr. Walter Brown seconded the move and approval was unanimous. RESOLUTION PC 51-69 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, October 21, 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 Arverna Christine Watson. 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, to C-2, Thoroughfare Commercial • District said real estate. 0 • • 10-21-69 -5- LEGAL DESCRIPTION: All of the land lying North of Highway No. 62 in the Northwest quarter (NW�) of the Northwest Quarter (NW�) of Section 20, Township 16 North, Range 30 West, LESS AND EXCEPT the following part taken for highway right-of-way, to -wit: Starting at the Northwest corner of the Northwest quarter of the Northwest quarter of Section 20; thence South 00 511 East along the West line thereof a distance of 476.5 feet to a point on the Northeasterly proposed Right -of -Way line of the Fayetteville Loop for a point of beginning; thence South 270 101 East along said proposed Right -of -Way line a distance of 220.1 feet to a point; thence North 81° 52' East along said proposed Right -of -Way line a distance of 355.4 feet to a point on the Northerly existing Right -of -Way line of U. S. Highway No. 62; thence South 720 041 West along said existing Right -of -Way line a distance of 441.4 feet, more or less, to a point; thence North 170 56t West along said existing Right -of -Way line a distance of 10.0 feet to a point; thence South 72° 04' West along said existing Right -of -Way line a distance of 26.5 feet, more or less, to a point on the West line of the Northwest quarter of the Northwest quarter of Section 20; thence North 0° 51t West along said West line a distance of 280.1 feet to the point of beginning, containing 0.65 acres, more or less. SECTION 2. That the above-described property be rezoned from A-1, Annexed Territory District, to C-2, Thoroughfare Commercial District, so that the petitioner may develop said real estate for commercial use, for retail activities and services primarily to serve the motoring public. PASSED AND APPROVED this 21st day of October , 1969. APPROVED: CLARK McCLINTON, CHAIRMAN The petition of Charles C. Shepherd and Harvey D. Luttrell was dis- cussed again at this time. Dr. Walter Brown moved the petition be approved as the rezoning was in conformity with the proposed Land Use Map under consideration of the Planning Commission, and also in accordance with the Staff Report recommendations. Dr. James Mashburn seconded the motion. The motion was carried by vote with Allan Gilbert dissenting. Charles C. Shepherd Harvey D. Luttrell 1G-21-69 -6- WHEREAS, a public hearing was held by the Planning Commission, Tuesday, October 21, 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. Shepherd and Harvey D. Luttrell. 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. LEGAL DESCRIPTION: A part of the Southwest quarter (SW), of the Northwest quarter (NW41), Section 9, Township 16 North, Range 30 West of the Fifth Principal Meridian, Fayetteville, Arkansas. More particularly described as follows: Beginning at a point 780.0 feet North and 420.0 • feet West of the Southeast corner of said 40 acre tract; thence North 300.0 feet; thence West 241.0 feet; thence South 300.0 feet; thence East 241.0 feet to the point of beginning and containing 1.66 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 Residential District, so that the petitioners may build multi- unit apartments. PASSED AND APPROVED this 21st day of October , 1969. APPROVED: CLARK McCLINTON, CHAIRMAN The Commission gave final consideration to the Bryce J. Davis petition at this time. Dr. Walter Brown moved that the petition be denied in accordance with the Staff Report. Since there was Bryce J. Davis no second to this motion, it was dead; and further discussion . followed. Chairman McClinton expressed the possibility of additional right-of-way needs on Highway 112 North in the near future. Any building on this property should be set back far 10-21-69 -7- enough to allow highway widening. Dr. James Mashburn moved the • petition be approved; Byron Boyd seconded the motion. Byron Boyd, Dr. James Mashburn, and Allan Gilbert voted "�ze.." Dr. Walter Brown voted "No." Roy Clinton and Ernest Jacks abstained from voting. Chairman McClinton voted "Aye," to carry the motion. Petition approved. RESOLUTION PC 53-69 WHEREAS, a public hearing was held by the Planning Commission Tuesday, October 21, 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 Bryce J. Davis. 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 C-2, Thoroughfare Commercial District, said real estate. • LEGAL DESCRIPTION: Part of the North half (NJ) of the Northeast quarter Section 33, Township 17 North, Range 30 West, described as follows: Beginning 165 feet East of the Northwest corner of the Northeast quarter (NE�) of the Northeast quarter (NE ) of Section 33 and running thence South 819.74 feet for a point of beginning, thence West 1237.5 feet, thence 211.2 feet South, thence East 1237.5 feet, thence North 211.2 feet to the place of beginning, 6 acres more or less. SECTION 2. That the above described property be rezoned from A-1, Annexed Territory District, to C-2, Thoroughfare Commercial District, so that the petitioner may sell the property to a buyer who plans to build a building and operate a truck sale and garAge. PASSED AND APPROVED this 21st day of r October 1969. APPROVED: 40 CLARK McCLINTON, CHAIRMAN 10-21-69 James Vizzier, Planning Consultant, presented a letter to be signed is by the Chairman certifying the approval of the Planning Commission of the Land Use Plan, Major Street Plan, Community Facilities Plan, Public Buildings Inventory and Needs, and the Public Utilities Plan with suggested revisions incorporated as noted in the minutes for September 26, 1969, and September 30, 1969. Roy Clinton made a motion that the following Planning Commission minutes be approved as mailed: September 16, 19690 September 26, 19692 September 30, 1969, October 14, 1969. The motion was seconded by Dr. Walter Brown and approved unanimously. Following the approval of the above minutes, Chairman McClinton signed the letter. The request by the Washington County Chapter of the American Red Cross that the Planning Commission give consideration to their future plans for the property located on the North side of Center Street between Olive and Walnut Avenues was delegated to the committee working on the Proposed Zoning Map. In considering the feasibility of the Planning Commission initiating a resolution to rezone present I-2, Heavy Industrial District, off Highway 16 West, it was found that this problem • should be taken care of in the Proposed Zoning Map. A discussion followed on the Lester Bale petition for rezoning which was tabled from the September 16, 1969, meeting. The Lester Bale Commission agreed to take no action on this petition at the present time. The preliminary plat of the Red Arrow Subdivision No. 3 was presented to the Commission for approval at this time. Red Arrow Subdivision No. 3 is located approximately one-half mile North ofFState Highway 16 East, on the West side of State Red Arrow Subdivision No. 3 Highway No. 265 (Cross -Over Road). Mr. Lieberenz stated that the City Engineer recommends no action be taken on this plat until raw water line easement and sewer and water improvements are approved by the Engineer's office. Also, street grades exceed 10% in some places and the two North-South streets need cul-de-sacs on their termination points. Don Kemp, Consulting Engineer on the development assured the Commission these problems would be alleviated before the final plat was prepared. Ernest Jacks of the Subdivision Committee moved that the Commission approve the preliminary plat on this basis; Roy Clinton seconded the motion. Approval was unanimous. The Shenandoah Mobile Home Park plan was presented at this time. The property for this park is located on the North Shenandoah Mobile Home Park • side of Highway l6 East By-pass and just West of Happy 10-21-69 -9- Hollow Road. Mr. Lieberenz stated that the garbage pads shown • on the plan are not satisfactory with the Sanitation Department. Also, on the plan two trailer pads are not set back far enough from the street. Ernest Jacks of the Subdivision Committee moved the plan be accepted subject to approval by the Sanitation Department and relocation of the above trailer pads. Roy Clinton seconded the motion. Approval was unanimous. It was agreed that the Commission would meet Tuesday, October 28, 1969, at 4:00 P.M., so that the Proposed Zoning Map Committee and the Proposed Ordinance Committee could corroborate their findings. There being no further business the meeting was adjourned at 5:45 P.M. •