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Home My WebLink About1972-01-04 MinutesI* 110 Ii MINUTES OF A PLANNING COMMISSION MEETING The Planning Commission of the City of Fayetteville, Arkansas, met at 4:00 P.M., Tuesday, January 4, 1972, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Roy Clinton. Members Absent: L. M. McGoodwin, Dr. James Mashburn, Byron Boyd, Dr. Walter Brown, Albert Witte, Ernest Jacks, Al Donaubauer, Helen Edmiston. Others Present: David Malone, City Attorney; John Maguire, new appointee to the Commission; representatives of rezoning petitions, Chairman Roy Clinton called the meeting to order and announced we were unable to obtain a quorum due to the weather. The meeting was being rescheduled for 4:00 P.M., Monday, January 10, 1972• Mr. Clinton asked if there were any persons in the audience who would be unable to attend the Monday meeting. If so, he said they could make statements at this meeting; otherwise, he preferred they wait until January 10 when they could have the benefit of the full Commission. No one had any comments. The meeting was adjourned at 4:05 P.M. until 4:00 P.M., Monday, January 10, 19720 NO QUORUM r j N i I I 1 I i I 1 I O ID i M OI U D W N O 10 W 1 OI V 1 G N "" O L`a HCl U w� � CID OJ V pl i U I D W ry 1 Ili j I i I i 'i I jl lib 4< 9 N M rr tp lo \ V kA \ LIL*M ` r..0 � CA V Vl li J 'Y,%'� I I I I I I I I II I I I r I. I I i � I I—t— Ifb � El �1 --� IIZ .�1 T' IS I LF I � ill Z s Z .. IN YiA IW W w W W W w www W`N VAN N?N^N N{N N .. r IV Ir -t'• -*r }t.� titer e� U O t0 61 • T U D W A N O IG CI Of [,n A W N O t0 W Ol r p , N v�u nam 0 ORDINANCE N0.Tf AN ORDINANCE AMENDING ZONING ORDINANCE No 11- 7.';'7VN11�'ZUNING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, AP'P20k.E1)`,7UNi 29, 1970, TO REZONE CERTAIN PROPEI:TY FROM A-1, AGRICULTURAL DISTRICT AND R-1, LOIV-DENSITY RESIDENTIAL DISTRICT, TO I-]., HEAVY COMMERCIAL AND LIGHT INDUSTRIAL DISTRICT, C-2, THOROUGH- FARE COMMERCIAL DISTRICT, R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT, AND R-0, RESIDENTIAL OFFICE DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas, on March 2, 1971, and 'larch 16, 1971, on a petition by A. IV. Realty Company, requesting that said Planning Commission recommend to the Board of Directors of the City of Fayetteville, Ark- ansas, that the Board of Directors enact an Ordinance rezoning approximately 120 acres, presently zoned R-1, Low Density Residential District and A-1, Agricultural District, to I-1 Heavy Commercial and Light Industrial District, C-3, Central Commercial District, C-2 Thoroughfare Commercial District, and R-3, High Density Residential District, and WHEREAS, notice of said Public Hearing setting forth the • time, date, place and purposes of said hearing and location of the property, was published in the Northwest Arkansas Times, a newspaper of general circulation in the city, more than fifteen (15) days prior to said public hearing, and 0 WHEREAS, following said Public Hearing, said Planning Commission certified to the Board of Directors of the City of Fayetteville, Arkansas, its recommendation that. an Ordinance be adopted rezoning portions of the property presently zoned R -i, Low Density Residential District, and A-1, Agricultural District, to I-1, Heavy Commercial and Light Industrial District, C-2, Thoroughfare Commercial District, R-2, 'tedium Density Resi- dential District, and R-0, Residential Office District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the following described property, which is presently zoned R-1, Low Density Residential District, be and the same hereby is, rezoned to T-1, Heavy Commercial and Light Industrial District: A part of the SIV 1/4 of the NW 1/4 of Section 2S, T -17-N, R -30-W, and a part of the SE 1/4 of the NE 1/4 and a part of the • 2 NE 1/4 of the SE 1/4 of Section 26, T -17-N, R -30-W, Washington County, Arkansas, being more particularly described as follows: Beginning at the SW corner of the N{V 1/4 of said Section 25; thence S 67° 30' W 460 feet, more or less; thence South 230 feet, more or less; thence S 84° IV 300 feet, more or less; thence North 6S0 feet, more or less; thence curving Northeasterly 650 feet, more or less, along a 4° 18' curve; thence S 46° E 470 feet, more or less; thence South 200 feet, more or less, thence Nest 140 feet, more or less, to the _point of beginning. SECTION 2. That the following described property which is presently zoned R-1, Low Density Residential District, and C-2, Thoroughfare Commercial District be, and the same hereby is, rezoned to C-2, Thoroughfare Commercial District: A part of the NE 1/4 of the SE 1/4 and a part of the SE 1/4 of the NE 1/4 of Section 26, T -17-N, R -30-W, Washington County, Arkansas, being more particularly described as follows: Beginning at a point 750 feet West of the SE corner of the SE 1/4 of the NE 1/4 of said Section 26; thence • North 210 feet, more or less; thence curving Southwesterly along a 4° 18' curve 4S0 feet, more or less, to a point on the Easterly right of way line of U.S. Highway 71; thence S 0° 46' E 240 feet along said right of way; thence S 7° 46' W 202.2 feet along said right of way; thence S 0° 46' E 175.3 feet along said right of way; thence N 84° E 538 feet, more or less; thence North 440 feet to the point of beginning. (Tract 1-A) SECTION 3. That the following described property which is presently zoned R-1, Low Density Residential District, and A-1, Agricultural District, be, and the same hereby is, rezoned to C-2, Thoroughfare Commercial District: A part of the NE 1/4 of the NE 1/4 and a part of the SE 1/4 of the NE 1/4 of Section 26, T -17-N, R -30-W, and a part of the N?V 1/4 of the NiV 1/4 and a part of the SW 1/4 of the NW 1/4 of Section 25, T -17-N, R -30-W, Washington County, Arkansas, being more particularly described as follows: Beginning at a point 53S feet East, more or less, and 50 feet North, more or less, of the SW corner of the NIV 1/4 of the N1V 1/4 of said Section 25; thence curving Northwesterly 1204 feet, more or less, along a • 3° 42' curve; thence N 33° W 260 feet, more or less; thence Northwesterly 403 feet, more or less, along . 3 a 11° curve to a point on the Easterly right of way line of U.S. Highway 71; thence S 0° 46' E 205.9 feet along said right of way; thence S 40° 40' iV 113.4 feet along said right of way; thence S 49° 50' 1V 181.2 feet along said right of way; thence S 3° 49' B' 125.4 feet along.s.aid right of way; thence S 1° 41' 1V 700.7 feet along said right of way; thence S 0° 46' E 400.0 feet along said right of way; thence S 10° 33' W 204.0 feet along said right of way; thence S 0° 46' E 560.0 feet along said right of way to a point which is 115 feet North of the South line of the NE 1/4 of said Section 26; thence Northeasterly 1100 feet, more or less, along a 4° 18' curve; thence N 43° E 150 feet, more or less; thence Northeasterly 960 feet, more or less, along a 0° 50' curve to the point of beginning. (Tract 2) SECTION 4. That the following described property which is presently zoned A-1, Agricultural District be, and the same hereby is, rezoned to C-2, Thoroughfare Commercial District: A part of the NE 1/4 of.the NE 1/4 of Section 26, T -17-N, R -30-W, and a part of the NW 1/4 of the • NW 1/4 of Section 2S, T -17-N, R -30-1V Washington County, Arkansas, being more particularly described as follows: Beginning at a point which is 170.0 feet South of the Northwest corner of Section 2S, said point being on the centerline of Stearn Road; thence South 484.6 feet; thence East 500.0 feet; thence South 575.0 feet, more or less; thence curving Northwesterly 1204.0 feet, more or less, along a 3° 42' curve which has a radius of 1550 feet; thence North 33° West 260.0 feet; thence Northwesterly 403.0 feet along a 11° curve which has a radius of 525.0 feet, to a point on the Easterly right of way of U. S. Highway 71, said point also being on the center- line of Stearn Road; thence East 935.5 feet along the centerline of Stearn Road to the point of beginning. (Tract 3) SECTION 5. That the following described property which is presently zoned A-1, Agricultural District, be, and the same hereby is, rezoned to R-2, Medium Density Residential District: A part of the NE 1/4 of the NW 1/4 of Section 2S, T -17-N, R -30-W, Washington County, Arkansas, being more particularly described as follows: Beginning • at the SE corner of said NE 1/4 of the NW 1/4 of • 4 Section 25; thence Nest 1233.7 feet; thence North 1320 feet to the North line of the said forty acre tract; thence East 1233.7 feet; thence South 1320 feet to the point of beginning. (Tract 3-A) • SECTION 6. That the following described property which is presently zoned A-1, Agricultural District, be and the same hereby is, rezoned to R-0, Residential -Office District: A part of the North half of the NW 1/4 of Section 252 T -17-N, R -30 -IV, Washington County, Arkansas, being more particularly described as follows: Beginning at a point which is 1400.0 feet East and 654.12 feet feet South of the Northwest corner of said Section 25; thence South 642.68 feet, more or less.; thence West 580.3 feet; thence curving Northwesterly 318.0 feet along a 3° 42' circular curve having a radius of 1550 feet; thence North 575.0 feet, more or less; thence East 900.0 feet, to the point of beginning. (Tract 3-B) SECTION 7. That the following described property which is presently zoned A-1, Agricultural District, be, and the same hereby is, rezoned to C-2, Thoroughfare Commercial District: A part of the IV 1/2 of the NW 1/4 of Section 25, T -17-N3 R -30 -IV, Washington County, Arkansas, being more particularly described as follows: Beginning at a point 111.07 feet West of the NE corner of the SIV 1/4 of the NIV 1/4 of said Section 25; thence West 370 feet, more or less; thence Northwesterly 318 feet, more or less, along a 3° 42' curve to a point; thence Southwesterly 450 feet, more or less, along a 0° 50' curve; thence S 61° E 320 feet, more or less; thence East 640 feet, more or less; thence North 460 feet, more or less, to the point of beginning. (Tract 4) SECTION 8. That the following described property which is presently zoned A-1, Agricultural District, and R-1, Low Density Residential District be, and the same hereby is, rezoned to R-2, Medium Density Residential District: A part of the S 1/2 of the NW 1/4 of Section 25, T -17-N, R -30 -IV, and a part of the SE 1/4 of the NE 1/4 of Section 26, T -17-N, R -30 -IV, Washington County, Arkansas, being more particularly described as follows: 0 • • 5 Beginning at a point which is 98.93 feet East of the SE corner of the SIV 1/4 of NIV 1/4 of said Section 25; thence Nest 1288.6 feet; thence North 200 feet, more or less; thence N 46° IV 470 feet, more or less; thence N 43° E 150 feet, more or less; thence Northeasterly 510 feet, more or less, along a 0° 50' curve to a point; thence S 61° E 320 feet, more or less; thence East 640 feet, more or less; thence North 460 feet, more or less; thence East 210 feet, more or less; thence South 1321 feet to the point of beginning. (Tract 5) SECTION 9. That all ordinances or parts of Ordinances in conflict herewith are hereby repealed and this Ordinance shall be in full force and effect from and after its passage, approval and publication. 1 PASSED AND APPROVED this 5:zk day of �D�<..' 1971. APPROVED: DEED S PAGE 4 5 �Lekes Lj AVe'(lUe 9 2 �lfl v6kb Qo msey �l nue Q -i g 1310 1 9'7 � 11084 Qc��,u� ��nye R - 1 q l 42 2115 FFo l l �C\e\en�e\ R_ 1 92c)4 11031 \IZN ba�a�,�w R 's q2�5 11045 Fo 1 'l \�R00.� •,e�a0ave R - 4 g201n 11021 QsQ oaa v\ew ��oe R At . � 154',R - g223 3102 L 3194 g3g3 0:134 842'1 \O�\o4 GAQ�� \iyenue R-4 A 9' �18 1 lsfo 1108 k\o�omo �1c� ' gt004 2\101, 2\\,q CzLi0.4L�SQh ore R-4 �� g8PS10 3�i3- 3`a`� �\e�.c�ieR�Uerue P,-1 z g68'l 3`l\-'3`13 �le�.a�.eca�Verue R-4 Aea,1 1'72 \lll0`l 1\944_\1051 �amm� ��ee� R-1 f t .. Q �>_ekes -------- - -------------\ls`lI-. Y'fl--- g1310-- --------- - - q l4$ - - -- - -2115 & an 1 X12,03 --- ------ -- -11951Z,D - - -- -- q 214 ---- qZQE) — —----ltDS0_\\049---- --- -------- -- - ---- ------- ----- �188`l- --- - -- 22 0 222 �s� S eg - - - IRA .. Qea•1 12 \ 010 l --------- -- — —\\94q- \\fl5\ �oxamona S�iee� R i i w05 CH _CKLIS1 ANALYSIS• To promote a Systematic review of major considerations, every proposed zoning amendment shall be analyzed by answering the following questions: Leal Considerations: 1. Will change be contrary..to.the general welfare? 2. In an administrative procedure available and preferable to rezonin3? Exi_ntin staitus: 3. Is it possible to find suitable sitea for the proposed use in exiating districts permitting such use? 4. Is change contrary to the established land -use pattern? 5. Would change create an isolated, unrelated district, i.e., "spot zoning?" (See 4.08). 6. Have the basic land -use conditions changed? • 7. Hae development of the area been contrary to existing zoning ordinances? 8. Can the property be reasonably used in accord with existing zoning? 9. Are present district boundaries logically drawn in relation to existing conditions? Eifoct rnz 1'ubli.S Fncl,liNnat 10. Would the proposod change be tont•rpry to the proposed land -use in the Comprehensive :Plan..and;thereby.conflict with existing eo,mitments or planned public improvements?" 7 11. Will chnnge create or appreciably increase`traffic danger and congestion? 12. Would.change alter the population density pattern and thereby harmfully increase the load on public facilities? u. Schools?. b. Sewers? Ce Parks? d. Other? • -,Y -n i w05 CH _CKLIS1 ANALYSIS• To promote a Systematic review of major considerations, every proposed zoning amendment shall be analyzed by answering the following questions: Leal Considerations: 1. Will change be contrary..to.the general welfare? 2. In an administrative procedure available and preferable to rezonin3? Exi_ntin staitus: 3. Is it possible to find suitable sitea for the proposed use in exiating districts permitting such use? 4. Is change contrary to the established land -use pattern? 5. Would change create an isolated, unrelated district, i.e., "spot zoning?" (See 4.08). 6. Have the basic land -use conditions changed? • 7. Hae development of the area been contrary to existing zoning ordinances? 8. Can the property be reasonably used in accord with existing zoning? 9. Are present district boundaries logically drawn in relation to existing conditions? Eifoct rnz 1'ubli.S Fncl,liNnat 10. Would the proposod change be tont•rpry to the proposed land -use in the Comprehensive :Plan..and;thereby.conflict with existing eo,mitments or planned public improvements?" 7 11. Will chnnge create or appreciably increase`traffic danger and congestion? 12. Would.change alter the population density pattern and thereby harmfully increase the load on public facilities? u. Schools?. b. Sewers? Ce Parks? d. Other? • Sttect on tucure uevelopmantt 13. Will change adversely influence living conditions in the neighborhood? -14. Will change seriously reduce the light and air of the adjacent areas? 15. Will change adve-rsely affect property values in adjacent areas? 16. Will change constitute an '-entering wedge" and thus be a deterrent to the use, improvement or development of adjacent property in accord With existing zoning ordinances? 19