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HomeMy WebLinkAbout1973-04-10 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, April 10, 1973, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Present: Roy Clinton, Morton Gitelman, Helen Edmiston, Al Hughes, Donald Nickell, Christine Childress, Ernest Jacks. Absent: John Maguire, (Walter Brown had resigned) Others Present: Ray White, David McWethy, James George, Marshall Carlisle, Paul Westburg, Alice Ludwig, Martha Hartman, Tom Henson, Bryce Davis, Jim Hatfield, Ken Lazenby, Jimmy Scott, Bill Neighbors, B. L. Lewis, Jr., B. H. Unger, City Attorney David Malone, City Directors Marion Orton, Russell Purdy, Ervan Wimberly, Joe Marsh Clark, Harrison Davis, Edward Hancock Chairman Roy Clinton called the meeting to order. The minutes of the Feb. 27, 1973 and March 20, 1973 Planning Commission meetings were approved as mailed. Chairman Clinton opened the public hearing on Rezoning Petition R73-9, PETITION R73-9 James Rand Betty M. George, to rezone property located on the NE corner JAMES R.GEORGE of Dorothy Jean Street and Giles Road, from A-1, Agricultural District, Dorothy Jean St. to R-1, Low Density Residential District.This public hearing had been continued from March 20, 1973. In the absense of Larry Wood, Chairman Clinton read the Planning Report. James R. George was present to represent the petition. Mr. George stated he had no objection to the proposal outlined in the Planning Report, as he has nothing planned for the property at the present time. He asked whether he would have to come back at a later time and request rezoning, however. Chairman Clinton said this could be handled either of two ways; 1) The Planning Commission could approve rezoning, but Mr. George would have to bring back a subdivision plan before he could build on the property. 2) The Planning Commission could table the petition until sewer is available, then bring it back up and rehear it at that time. Al Hughes stated that he felt the latter alternative would be a waste of time if it is in the land use plan. He requested a discussion of the members to see what they thought, but said that if this is a valid request, and it is in the perview of the Commission, why hold off and have to bring it up again. Donald Nickell said he would not be in favor of rezoning it now, but he would be in favor of the continuance. There was no opposition to the petition present. Morton Gitelman said he did not think there was anyone opposed to R-1 zoning at this location, but it is just a matter of timing. Al Hughes questioned whether the Commission could rezone the property, but say that there could be no building permits issued until it is on sewer. Morton Gitelman,said he did not know if we could condition zoning. Chairman Clinton said they would just have to have a note to the Planning Office not to issue permits without sewer. Donald Nickell said he would go along with that condition. Ernest Jacks moved that the Planning Commission approve the request from A-1 to R-1, since it is in conformance with our general plan, and that we put the Planning Office on notice that we are'concerned with septic tanks there, and that they should not issue permits without Planning Commission Minutes APril 10, 1973 Page 3 had opposed the rezoning last year, had been polled on whether they still opposed this with the access coming off Highway 16. One lady said that they would still be faced with the problem of trying to get onto Highway 16, then trying to getacross Highway 71 By-pass. Mr. Westburg said that he -hoped the Planning Commission could use their influence to get a connect- ing road to Mt. Comfort Rd., so the school buses could go under the By-pass, because the buses -just creep across the intersection of Highway 16 and the By-pass, and there have been several near misses. Mrs. Ludwig said the residents of the area-.ihadvtwo access roads before the By-pass. Now they have only one. Al Hughes said he did not see why a motel would increase the traffic more than what is already there. • Mr. Westburg asked whether the Commission would increase the 150 ft. buffer zone on the North. Chairman Clinton said the developers would be required to screen that back property line. He felt the 150 ft. was suggested because that was a reasonable lot depth. Mr. Westburg asked what assurance the residents had that they will just be limited to the motel. Chairman Clinton said there could be no assurance given. It would be open to anything in the C-2 category. Marshall Carlisle said he could assure them that as to the proposed development, there would be nothing there but the motel and a restaurant in conjunction with ther_motei. Morton Gitelman moved to approve rezoning petition R73-12, Leo and Jewel Kate Thomas, subject to the modifications suggested by Larry Wood and as stated in the revised Planning Report. Al Hughes seconded the motion. When the vote was taken, Gitelman, Clinton, Hughes, Jacks and Edmiston voted aye; Nickell and Childress voted nay; the motion carried. Chairman Clinton informed the audience that this will be going before the Board of Directors on Tuesday, April 17, 1973, at 7;30 P.M., and thatfthe action of the Planning Commission is merely a recommendation to the Board Chairman Clinton opened the hearing on the conditional use request to MARTHA T. HARTMAN permit a duplex to be located in an R-1, Low Density Residential District. Cond. Use Request The request has been submitted by Mrs. Martha T. Hartman for property 1935 N. Garland located on the southwest corner of Janice Street, and north Garland Avenue. Present address is 1935 North Garland. Mrs. Hartman was present to represent the request. Chairman Clinton asked Mrs. Hartman if she lives there. She said she did not but she expects to, and that is why she wants to add to the house and convert it to a duplex. There was no opposition present and there were no further questions. Helen Edmiston moved to grant the request; Christine Childress seconded the motion, which was approved unanimously. PETITION R73-13 Chairman Clinton opened the public hearing on rezoning petition no. R73-13, Loy Sisemore, to rezone property located on the southwest corner of the intersection of Archibald Yell Boulevard (Highway 71) and South Street from R-0, Residential Office District, to C-3, Central Commercial District. Chairman Clinton read the Planning Report. Tom Henson was present to represent the application. Earnest Jacks asked if this was the same piece of property the Planning Commission recently had a request for a change of non -conforming use on. It is. There was no opposition present. Helen Edmiston moved to grant.the petition. Al Hughes seconded the motion which was approved unanimously. Loy Sisemore Hwy. 71 & South St. PETITION R73-14 Chairman Clinton opened the public hearing on petition R73-14, Bryce J. Davis Bryce Davis, for Daniel B. Thomas and J. C. Calabria, to rezone property located on the Agent for southwest corner of State Highway 112 and Highway 71 By -Pass from A-1, Agri-D.B. Thomas cultural District to C-2, Thoroughfare Commercial District. Chairman Cli top J. C. Calabria 1 By-Pass-Hwy114 Planning Commission Minutes April 10, 1973 Page 2 on site sewer. Al Hughes seconded the motion, which was approved unanimously. Chairman Clinton opened the public hearing on rezoning petition R73-12, PETITION R73-12 Leo and Jewel Kate Thomas, to rezone property located on the SW corner of LEO THOMAS Highway 16 West and Highway 71 By -Pass, from A-1, Agricultural District, Hwy. 16 West to C-2, Thoroughfare Commercial District. Chairman Clinton read the Planning Report. Marshall Carlisle, Attorney, was present to represent the petition. Mr. Carlisle stated that the western boundary of the rezoning petition, as suggested in the Planning Report, was of no consequence, because there will not need to be more than that for the proposed use. Mr. Wood had also recommended that the North 150 feet be kept R-2 as a buffer. Mr. Carlisle stated that his clients could go along with that. Regarding sewer, Mr. Carlisle said it was his understanding that the John B. May apartments across the highway supposedly will have sewer sometime this fall. Mr. Carlisle said his clients are in no rush, and they would hope the sewer would be there when they get ready to start construction. Chariman Clinton invited comments from the audience. Paul Westburg, a resident of Giles Addition, stated he was present as a spokesman for the residents of Giles Addition. He said they had turned in a petition opposing this last year when it was petitioned for rezoning. Mr. Westburg said the' property is zoned residential, and one opposition they have is because they are worried about the safety of their children coming across the By-pass. If the property is rezoned Commercial, that will up the traffic coming in and off the by-pass. It is a hazard just to those who have to go back and forth. He said he thought the By-pass was intended to be a by-pass, and we are going to turn it into a 71 business district again. Mr. Westburg said this intersection averages at least one accident every two weeks, and he feels this would just increase it out of proportion. He would like the property to be either R-2 or R-1. Chairman Clinton asked for a show of hands of those present to oppose the rezoning. Four (4) persons raised their hands. Alice Ludwig said she thought she and Mr. Westburg represented the malority of the people in Giles Addition. She asked how much frontage there is on Highway 16 West. Marshall Carlisle said that there was 250 ft. for the proposed immediate development. Chairman Clinton said that he would estimate it was probably 1,000 ft. Mrs. Ludwig said that the previous plan had shown access off of the service road. Marshall Carlisle said that the proposed development plan would have no access off the Giles Road, but the access would be off Highway 16 West. Mr. Westburg said he was not worried about the access off Giles Road. This would still increase the traffic at the intersection of Highway 16 and Highway 71 By-pass, and it would make the By-pass a commercial strip. Marshall Carlisle said that for any kind of commercial development, it seems they should be at the 3 or 4 intersections of the By-pass around the city. He said there has been a great deal of planning which has gone into this project. Chairman Clinton said the Planning Commission has approved a revised land use plan, showing commercial at major intersections, and to concentrate commercial usage at those points. There seems to be a lack of interest in doing anything in the way of single family dwellings at these inter- sections. Donald Nickell asked whether the residents in Giles Addition who • • • Planning Commission Minutes April 10, 1973 Page 4 read the Planning Report. Bryce Davis and Jim Hatfield were present to represent the petition. Mr. Davis said that Hatfield wants to move his car sales from Highway 71 and Dickson Street out to this location. Bobbie Jones, Planning Administrator, stated that Ken Riley, with the Northwest Arkansas Planning Commission, had called her about a revised plan shown him by Bryce Davis and Jim Hatfield. He had stated that the revised plan was more satisfactory from a traffic standpoint, and stated "we can buy what he shows in the way of street dedication with the location of the street along the South boundary." Mr. Riley stated he would not comment on the other phase of the Planning Report as prepared by Larry Wood. Bryce Davis said that on the original drawing, they had shown the service road coming along the By-pass down to the intersection. Mr. Davis presented a revised plan on which the 6 acres under petition were shown in red. He said that to do what Mr. Wylie had recommended, they would need the area shaded in green, also for their use. The land is available, and Mr. Hat- field is willing to buy it. He said Mr. Hatfield would give half of the proposed .servlee road, and present property owners the other half. Ernest Jacks asked whether the Planning Commission has any assurance on the access road being given. Mr. Davis said that he had the authority to promise this. There was no opposition to the,pet'itiontipresent. Chairman Clinton commented on the question of the availability of water and sewer. Mr. Hughes said that he believed there is water to the fair grounds at this time. Mr. Davis said Mr. Hatfield is fully aware of the problem with sewer. They have a proposal whereby they will participate with the city in the cost of extending water to this property. At the present time, they would probably wish to develop with a septic tank. Helen Edmiston stated that she thought the problem of water and sewer is the developers problem. Helen Edmiston moved to approve the rezoning petition R73-14, Bryce J. Davis, agent for Daniel B. Thomas and J. C. Calabria. Ernest Jacks seconded the motion. Donald Nickell stated that he saw a great deal of difference between this rezoning petition and the Thomas rezoning petition, as they affect traffic and people in the area, and also as concerned with the septic tank. The vote was taken, and the motion to approve the petition was approved unanimously. PETITION R73-15 Chairman Clinton opened the public hearing on rezoning Petition R73-15, Lazenby Real Estate Lazenby Real Estate, to rezone property located on East Farmer's Avenue, E. Farmerts Ave. from A-1, Agricultural District, to R-2, Medium Residential District. Chairman Clinton read the Planning Report. Ken Lazenby was present to represent the petition. Mr. Lazenby stated that his intention, if he could get the rezoning approved, was to build duplexes on the property. He said that sewer is available and it is his understanding that water is also available. Jimmy Scott stated that it was his understanding that the property was recently rezoned R-1 along the highway. Chairman Clinton explained to Mr. Scott that what he had seen in the paper was a land use plan, and this did not encompass this area. Mr. Scott said there were several property owners present to oppose R-2 zoning. Farmers Ave. is all single family dwelling, and the road will scarcely.handle the traffic now. There is only room for one car on the road in some places, and you cannot get by if a car is parked alongside,,, the road. Mr. Lazenby said that he agreed that the street or road is very narrow, but that they had planned to provide off-street parking. Mr. Lazenby said • • Planning Commission Minutes Page 5 April 10, 1973 he did not think this would change the pattern of traffic all that much, because all he is talking about is 5 or possibly 6 duplexes. Ernest Jacks asked if this was not the area in which some people had been upset about a trailer park to the East and whether an expansion of that would put any additional traffic on this street. He was told it is. Mr. Lazenby said there is a demand for duplexes in that area, and he did not believe it would injure the area. He said they would provide off-street parking for any buildings they constructed. He said there is some on -street parking for the single family homes there now, but there should be no congestion from the duplexes. Christine Childress asked whether the City would widen the street. Chairman Clinton said that'.the City would not. Mr. Lazenby said it would be a problem, as there is no room to widen it now. Helen Edmiston asked whether the duplexes would be on individual lots. Mr. Lazenby said yes, but he thought they could get 5 duplexes on the property on the East side of the street. Chairman Clinton agreed with this estimate, but said that he felt the property owners do have a legitimate concern, and he would lean more to R-1 than to R-2. Mr. Lazenby said that he would accept R-1. Morton Gitelman stated that he felt that R-1 was more sensible. Helen Edmiston moved to rezone both sections of land under the petition R73-15, Lazenby Real Estate, to R-1, rather than to R-2. Ernest Jacks seconded the motion. Bill Neighbors asked a question oh the water and sewer, and how many duplexes there would be. Chairman Clinton stated that it would be necessarywith the property zoned R-1 for Mr. Lazenby to come in with a conditional use request for the duplexes, and if the conditional use request is approved, there would be a total of 6. Mr. Lazenby stated that it was his intention to maintain poss- ession of all the property, and that they would not allow multi- use of each duplex, as the neighbors had been concerned about. The motion to approve this rezoning to R-1 rather than to R-2 was approved unanimously. Chairman Clinton opened the public hearing on Rezoning Petition R73-16, Paul R. Congour, Dick and Fern Pratt, B. L. Lewis, Sr., Robert W. and Rita Lindabury, Rodney and Allyene Green, and J. B. Hays, to rezone property located on the West side of Green Acres Road from R-1, Low Density Residential District, to R-0, Residential Office District. Chairman Clinton read the Planning Report. B. L. Lewis, Jr., was present, and stated that he was the agent for the property owners on this petition. Chairman Clinton asked Mr.. Lewis whether it is the intent that this land be developed as a single unit, as recommended in the Planning Report. Mr. Lewis stated that they do not have a buyer for it at this time, but that that was their hope. Morton Gitelman asked where the new medical office is in regard to this property. He was told it is dust North of where Elm Street dead ends into Green Acres Road and on the East side of Green Acres Road. There was no opposition present. Helen Edmiston moved to approve Rezoning Petition R73-16, Paul R. Congour, Dick and Fern Pratt, B. L. Lewis, Robert W. and Rita Lindabury, Rodney and Allyene Green and J. B. Hays. Donald Nickell seconded the motion, which was approved unanimously. Chairman Clinton opened the public hearing on Rezoning Petition R73-17, Helen T. Edmiston, to rezone property located between Poplar and Sycamore Streets and between Birch and Chestnut Ave. PETITION R73-16 Congour, Pratt, Lewis Lihdabury, Green,Hays Green Acres Road PETITION R73-17 Helen T. Edmiston Poplar St. D Planning Commission Minutes April 10, 1973 Page 6 from R-3, High Density Residential District, to I-1, Heavy Commercial and Light Industrial District. Chairman Clinton read the Planning Report. Mrs. Edmiston stated that she was representing the petition,'and they wanted to put warehouses and some officesiin front of them on this property. There would be no stores on the property. There was no opposition present. Al Hughes moved to approve the petition R73-17, Helen T. Edmiston, Ernest Jacks seconded the motion. The vote was taken, and Gitelman, Hughes, Clinton, Childress, Jacks and Nickell voted "aye"; Helen Edmiston abstained. The petition was approved. The next matter on the agenda was the proposed Large Scale Develop- B.H. UNGER went Plan submitted by B. H. Unger, 2431 Mt. Comfort Rd. The Ungers 2431 Mt:':Comfoi±t proposed to build a second single family residence behind their L.S. Development existing single-family residence, which has a lot 110 ft. wide by 660 ft. deep. Ernest Jacks, speaking for the Subdivision Committee, said that he did not see how, under the Zoning Ordinance, the Planning Commission can do what they are being asked to do. It brings up a policy question. And the question seems to him to be whether we can do it, or that the Commission would want to do it. It is a very deep, very narrow lot. They are not able to split it, and get two 70 ft. frontage lots out of it. Chairman Clinton asked Mr. Unger what his plans were. Mr. Unger said his original intention was to let his daughter have the property, or the south part of it, to put a dwelling on. His intention was to bring the driveway from the back part of the property, across his property, to Mt. Comfort Rd. Mrs. Edmiston said that the problem is the street frontage, and that unless they change the regulations, she did not think the Planning Commission can approve this. Chairman Clinton said the regulations do say that they have to have a certain amount of street frontage on 4 recognized road. Chairman Clinton asked City Attorney David Malone if the Board of Directors had the authority to grant this. He replied, "Off the top of my head, no." Chairman Clinton asked whether Mr. Unger has any recourse, and Mr. Malone said that he would have to look at it. He might be able to go throught the Board of Directors. Donald Nickell asked Mr. Unger if he was going to retain ownership or would the property be deeded to his daughter. Mr. Unger said it had been his idea, originally, but he would like to be able to deed it to his daughter. As far as subdividing it any further, he could not see where there would be any room for any more. Ernest Jacks said he would suggest keeping the 70 ft. limit for lot width as it is, but possibly amending the ordinance to say, if a person had a narrow, very deep piece of property, they could get a building permit with either the 70 ft. frontage or some dimension where they have a drive to get into the back portion of it. He discussed with David Malone the possibility of amending the ordinance to provide for something such as this on appeal to the Planning Commission. One of the Planning Commission members stated that they did not want to write this in, except on appeal to the Planning,Cormnission. David Malone stated that he felt he could have something similar to this for the Commission to look at by the time they met again. • Planning Commission Minutes April 10, 1973 Page 7 Al Hughes moved to continue this Large Scale Development until this question can be worked out. Helen Edmiston seconded the motion, which was approved unanimously. Chairman Clinton asked to have Larry Wood look at this and give more than one alternative as to how to solve this situation. Recommendations of the Board of Directors Street Committee regarding LAND USE PLAN changes in the General Land Use Plan for Highway 62 West property, Hwy. 62 W. had been referred to the Planning Commission from the Board of Directors on April 3, 1973. Al Hughes stated that he disagreed with recommendations "Eu and because you have the drive-in movies setting right across the street from these properties. Mayor. Russell Purdy suggested that the Planning Commission allow a mamber of the street committee to explain the recommendations. Director Marion Orton stated that the Committee felt we ought to have service roads, and it seems a service road along the front for commercial would be desirable, but for residential, it would be more desirable to have the frontage road along the back of the property. She presented a drawing showing their recommendations for the location of the service road. The land use changes were recommended to be consistant as far as the roads are concerned. She said that Larry Wood had suggested a possible R-0 on those corners Mr. Hughes had mentioned, rather than R-2. The main thing the Street Committee was trying to work out was something such as the service road, rather than all those accesses. Chairman Clinton said there was a difference between these properties and the ones along the By-pass. These tracts are closer together. Mrs. Orton said that one difference between these and the ones along the By-pass, is that the area along the By-pass is more open, and has not been developed yet. Al Hughes said that he did not see any sense in proposing the service road where it is drawn with such shallow lots. City Attorney David Malone said that it seemed to him that the depths for Commercial zoning recommended by Mr. Wood did not include service roads, and if the Planning Commission makes the decision with the Board's recomm- endation, they might want to go back and adjust the depth. Al Hughes said the Commission took great lengths to look at this, and had decided against service roads and decided where the access points would be, and even drew them on the map. Personally, he felt the recommendation for a service road would be dust another white elephant. Ervan Wimberly stated that he agreed with Mr. Hughes statement. Chairman Clinton said that part of the reason for not using a 50' access road was some of the buildings are too close already. He stated that he would like to discuss this with Larry Wood. The plan, as recommended by the Planning Commission, would allow for joint accesses between properties, but net require the service road. Mrs. Orton said that there was one thing pressing- the rezoning petition for Dooley Oil Co. Morton Gitelman said he thought the fundamental question is whether the City will go with service roads or access points. Al Hughes moved to table this matter. Helen Edmiston seconded the motion, which was approved unanimously. • Planning Commission Minutes April 10, 1973 Page 8 111 Christine Childress left the meeting at 6:00 P.M. The Planning Commission discussion of setbacks for canopies for various CANOPIES business types was continued until the next meeting, and the Planning Administrator was requested to send copies of the ordinance as it now exists for the next meeting. A petition had been received from the property owners along Rockwood MAJOR STREET Trail, requesting thatRockwood Trail be reclassified on the Major PLAN Street Flan. Copies of this petition had been mailed to the Rockwood Trail Planning Commission members. Chairman Clinton informed any present who might be interested in this that the Planning Commission has not yet enddrsed this proposed M.S.P. Joe Marsh Clark, one of the property owners, said that they would like. to see a hearing on this eventually, and would like to have Rockwood Trail taken off the MSP. Chairman Clinton instructed Bobbie Jones, Planning Administrator to notify Mr. Clark of the proposed hearings before the Regional Planning Commission. Mr. Clark said that he saw no reason to try to run a bunch of thoroughfares across the hill in Fayetteville, He thought these streets should be reserved for residential uses. A letter had been received from McClelland Consulting Engineers, Inc. SUBDIVISION regarding current subdivision regulations and the requirements for REGULATIONS • subdivision improvements. Copies of this letter had been forwarded to the Planning Commission members. Ervan Wimberly was present to discuss the matter with the Commission. One point covered in the letter was a request for waiver of sidewalks in certain subdivisions being developed in the City. Mr. Wimberly said that the requirement has been there, but it has not been enforced. Ernest Jacks said the only case he could remember where a waiver had been granted was in Sequoyah Woods, and this was only on the cul-de-sacs. Bobbie Jones, Planning Administrator, was asked who had waived sidewalks in the past. She answered that it was the responsibility of the Street Dept. and City Engineers to check the street plans and specifications to see that they are complete. The Ordinance does state that the Planning Commission can waive any requirement under certain conditions. It was felt that perhaps the fact that sidewalks had not been required in certain subdivisions was due to an oversight, and not to an actual waiver. The other point in question in the letter was the width of streets required under the present subdivision ordinance. It requires 30 ft. from flow line to flow line. Mr. Wimberly was requesting a waiver for a 26 ft. street. Chairman Clinton stated that he was not in agreement with going from a 30 ft. street to a 26 ft. street. He said you might be able to cut down the width of some of the cul-de- sacs, but not on any others, because the streets that the Planning Commission thought would never develop as traffic carriers have developed as such. Chairman Clinton said that he had taken the time • to look at some 26 ft. wide streets in the City recently, and he found them difficult to maneuver, and a hazard to children. There i • Planning Commission Minutes April 10, 1973 Page 9 were cars parked in the streets, even though they all had drive- ways. Mr. Wimberly said that he was most interested in the question of sidewalks. He said he would also go along with the fact that: more drainage may be needed, but we do have to spend more money on the drainage structures, and sidewalks cost about $3.00 per foot. Donald Nickell stated that he found his sidewalks in constant use with people walking and children on bicycles. Chairman Clinton said that if the Planning Commission had the right to waive the sidewalks, then perhaps that is where we ought to leave it. The Planning Commission should look closely at subdivisions near schools. He was not insfavor of waiving sidewalk requirements near schools. Morton Gitelman stated that he would like to keep the requirement in the ordinance. Mr. Wimberly said that he would like to have some answer regarding the waiver on three subdivisions he was working on at the present time. These three subdivisions are Strawberry Hill, Winwood II Subdivision, and Bird Haven Terrace. City Attorney David Malone stated that he felt the time to look at that question is at the Plat Review level. He said he felt the question of waiver should be considered within the standards as set up by the ordinance. He suggested that they submit their final plat and put in a request for a waiver on sidewalks. Mrs. Edmiston felt that this request for a waiver should be done on the preliminary plat level. There was no further discussion of the matter. The preliminary plat to replat part of Meadowlark Subdivision as e; REPLAT OF PART OF submitted by Edward Hancock and Harrison Davis was discussed next. MEADOWLARK Both Mr. Hancock and Mr. Davis were present. City Attorney David SUBDIVISION Malone was also present, and asked Morton Gitelman if he knew of Preliminary Plat any similar cases. He said he had not been able to find any. Hancock -Davis He explained the two different sides to the question, and said that from a legal standpoint, he could not tell the Planning Commission how this would come out if it were taken to Chancery Court.Mr. Malone said he had spoken to Mr. Grimes about the matter, and it is still Mr. Grimes recommendation that we make them meet the standards at the present time, and that if a test of this matter comes up, we defend it as best we can. He said he thought Mr. Grimes' position was'that we are going to have to start somewhere and these are going to be the rules and we will just have to stick to them. Mr. Malone said Mr. Grimes is still of the same position, regarding the requirement for improvement. Morton Gitelman said there are some cases where theytve changed the lot frontage requirements after development, and Cities refused to issue building permits until the developer redrew some lot lines. David Malone said that Mr. Selle had developed this property originally. He had come and talked to Mr. Malone and said that he had checked with the City and was told how it had to be done. The City Engineer was out there and told him how it had to be done. Mr. Malone said that if he understands the subdivision requirements clearly, he thought it is within the perview of Planning Commission April 10, 1973 Page 10 • The Planning Commission to waive some of the requirements if they see it to be a hardship on the developer. Ervan Wimberly had some comments about the fact that this developer had bought lots that exist on existing streets, but that he did not buy the streets. Al Hughes said he did not see any problem with the streets that exist, but that he does think we have a problem with drainage. Helen Edmiston said that what bothered her is that these develop— ers are going to do all the work and the people on the other half of the street won't have to pay anything at all, but will still get the benefits. Chairman Clinton asked what the going price was for the lots without the additional construction.of the street would be. Harrison Davis said it would be better than $3,000. But if they were required to do all the work requested,, -by Clayton Powell, it would raise the cost of the lots so they would compare with those in Oak Manor. Helen Edmiston said that she thought we have a need for houses that don't cost so much, especially in this part of town. Edward Hancock said that they had had estimates on the cost of the work, and it would run the cost of the lots to between $5,000 and $6,000. He said they had checked with the City offices before they bought the property, and the records there indicated that the only problem we would have would be with the people down there, and that they have agreedtp put in a water line. Al Hughes said that he disliked to go against the City Manager's recommendation, but that he could not see having somebpdygpayoforhsomethingeeverybody.else is going to benefit from. Chairman Clinton said he does not agree with the policy suggested by the City Manager, but he thinks we should set the policy and put it into effect from this point on, and thereby put developers on notice. Al Hughes said he would like to see the City have some $3,000 lots and some $18,000 homes, but sell for $18,000. The streets' were accepted, and he would hate to see the streets cut up. The commission discussed the various requirements and what it would involve with the streets that now exist. Chairman Clinton said he was personally in favor of granting a waiver to these two gentlemen, but setting a policy on future ones. Al Hughes moved that the Commission grant a waiver and allow these gentlemen to subdivide these lots as shown, and that the preliminary plat as shown be approved. Helen Edmiston seconded the motion. The vote was taken. Clinton, Gitelman, Hughes, Edmiston, and Jacks voted "Aye". Nickell voted "Nay". The motion carried. Bobbie Jones asked the Commission's permission to forego the meeting for the 24th in order to get some back work in the'Planning Office caught up. The Commission approved of this. The meeting was adjourned at 7:20 P.M. RESOLUTION PC /D- 73 WHEREAS, a public hearing was held April 10, 1973, fifteen (15) days after and after a notice was published in the of general circulation; and by the Planning Commission, Tuesday, a sign was erected upon the property Northwest Arkansas Times, a newspaper WHEREAS after the public hearing the Planning Commission voted to make a recommendation to the Board of Directors on Rezoning Petition R73-9, James R. and Betty M. George. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILT.F, ARKANSAS. A-1, real SECTION 1. That an ordinance be adopted for the purpose of rezoning from Agricultural District to R-1, Low Density Residential District said estate. LEGAL DESCRIPTION: A part of the NW*, NE* of Sec. 7, T -16-N, R -30-W, described as follows: Beginning at a point which is 970 ft. West of the SE corner of said 40 acre tract, and running, thence East 310 feet; thence North 652 feet; thence West 302 feet; thence South bearing West 652 feet to the two 302 feet; thence South bearing West 652 feet to the place of beginning, containing 4.6 acres, more or less. SECTION 2. That the above-described property be rezoned from A-1, Agri- cultural District to R-1, Low Density Residential District Bo that the petitioner may subdivide the property. PASSED AND APPROVED this day of AiT/L , 1973. APPROVED• ROY CLINTON, Chairman • • RESOLUTION PC // 73 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, April 10, 1973, 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 circu3 lation; and WHEREAS, after the public hearing the Planning Commission voted to make a recommendation to the Board of Directors on Rezoning Petition R73-12, Leo and Jewell Kate Thomas. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIREOTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from A-1, Agricultural District to (Tract 1) C-2, Thoroughfare Commercial District and (Tract 2) from A-1, Agricultural District to R-2, Medim Density Residential District. LEGAL DESCRIPTION: Tract 1: A tract of land in the Ei of the SW4 of Sec. 7, T -16-N, R -30-W, Washington County, Arkansas, more particularly described as: Commencing at the SW corner of said Section 7; thence South a distance of 60 feet; thence East a distance of 2,265 feet; thence N 1° 32' W to a point on the North right-of-way on Arkansas Highway No. 16 said point being the point of beginning; thence North 660 feet; thence East to the west right-of-way of said right-of-way to its intersection with the north tight-6$way of Arkansas Highway No. 16; thence westerly along said right-of-way to the point of beginning. Tract 2: A part of the SW4 of the NE* and the SE4 of the NW4 of Sec. 7, T -16-N, R -30-W, of the 5th P.M., County of Washington, State of Arkansas, and being more particularly described as follows, to -wit: Beginning at a point which is N 89° 52' 57° W, 239.78 feet from the NW corner of the above described SW4 of the NE4 of 'said Section 7; thence S 89° 52' 57" E 856,90 feet to a con- crete marker marking the right-ofway of Hwy. 71 By -Pass thence along said right-of-way S 0° 43' 39" W 148.76 ft. to a concrete marker; thence S 19° 11' 36" W 145.22 feet to a concrete marker; thence S 296 03' 08" W 541.01 feetj. thence S 29° 18' 24" W 504.90 feet to a concrete marker; thence S 29° 34' 21" W 89.22 feet to a concrete marker marking the intersection of the North right-ofway of Hwy. No. 16 and the west right-ofway of Hwy. 71 By -Pass; thence along the north right-of-way of Hwy. No. 16 N 88° 20' 42" W 250 feet, thence West along the north line of Hwy. No. 16 to a point which is 40 feet north of the SW corner of the SEt of the NWP of said Section 7; thence North to the NW corner of said SE}, NW*; thence East along the north line thereof to a point which is N 89° 52' 57" W 239.78 feet from the NW corner of the above described SW4 of the NE} which is the point of beginning, less and except the property described as Tract 1 above. SECTION 2. That the above-described property be rezoned from(!fract 1) A-1, Agricultural District to C-2, Thoroughfare Commercial District; (Tract 2) A-1, Agricultural District to R-2, Medium Density Residential District so that the petitioner can be developed to allow for a motel and relating services. PASSED AND APPROVED this /14 day of APR/L APPROVED* ROY CLINTON, Chairman , 1973. • Q) i • RESOLUTION PC /2-73 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, April 10, 1973, fifteen (15) days after a sign was erected upon the property and after a notice was published in the Northwest Arkansas Tidies, 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 Rezoning Petition R73-13, Mr. Loy Sisemore. 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-0, Residential -Office District to C-3, Central Commercial District said real estate. LEGAL DESCRIPTION: Lots 1 and 2, Block 17, Jennings Addition, Fayetteville, Arkansas, Washington County, Arkansas EXCEPT that portion of Lot 2 lying in Highway 71. SECTION 2. That the above-described property be rezoned from R-0, Residential Office District to C-3, Central Commercial District so that the petitioner may develop the property commercially. PASSED AND APPROVED this /z7 day of ARR/L , 1973. APPROVED: ROY CLINTON, Chairman • • • RESOLUTION FC /3 - 73 WHEREAS, a public hearing was held by the Plarning Commission, Tuesday, April 10, 1973, fifteen (150 days after a sign was erected upon the property and after a notice was published in the Northwest Arkansas Ti#Les, 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 Rezoning Petitibn, R73-14, Bryce J. Davis, agent for Jim Hatfield and Hatfield Pontiac -Cadillac Co. 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, Agricultural District to C-2, Thoroughfare Commercial District, said real estate. LEGAL DESCRIPTION: Part of the East half of Section 33, T -17-N, R -30-W, being more particu- larly described as follows, to wit: Beginning at the intersecting point to the West ROW of State Highway 112 and the South ROW of U. S. Highway 71, said point being approximately 1435 feet East and approximately 2150 feet South of the NW corner of said Ei, and running thence N 87° 59' W, along said ROW of U. S. Highway 71, a distance of 108.7 feet; thence S 38° 51' W, along said ROW, a distance of 197.2 feet; thence 3 30° 58' W, along said ROW, a distance of 676 feet; thence East 580.16 feet to the West ROW of a County Road; thence North, along said County Road ROW and the West ROW of State Highway 112, a distance of 729.41 feet to the point of beginning. Containing 6 acres more or less. SECTION 2. That the above-described property be rezoned from A-1, Agri- cultural District to C-2, Thoroughfare Commercial District Bo that the petitioner may build'an automobile agency. PASSED AND APPROVED this /Q day of APR/2- , 1973. APPROVED• 1> ROY CLINTON, Chairman RESOLUTION PC /4-- 73 WHEREAS, a public hearing was held April 10, 1974, fifteen (15) days after and after a notice was published in the of general circulation; and by the Planning Commission, a sign was erected upon the Northwest Arkansas Times, a Tuesday, property newspaper WHEREAS, after the public hearing the Planning Commission voted to make a recommendation to the Board of Directors on Rezoning Petition, R73-15, Lazenby Real Estate Company. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVIJ.TF, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from A-1, Agricultural District to R-1, Low Density Residential District said real estate. LEGAL DESCRIPTION: Part of the Si,E*, Sec. 19, T -16-N, R -30-W, beginning at the NE corner of the SW*, NEt; thence South 161.7 feet; thence South 68° West 249.6 feet; thence S 5° 44' E 75.25 feet to the point of beginning, thence S 5° 44' E 80 feet; thence East 233.8 feet to the West right-of-way of East Farmer's Avenue; thence Northwesterly along West right-of-way of said Avenue 80 feet; thence West 236.3 feet to the point of beginning containing 18,700 square feet or 0.43 acres, more or less, City of Fayetteville, Washington County, Arkansas. Also a part of the SE*, NEt, Sec. 19, T -16-N, R-30 W, beginning at a point that is South 602.96 feet and East 264 feet from the NW corner of said 40 acre tract; thence South 391 feet; thence West 161.5 feet to :the East right-of-way of East Farmer's Avenue; thence Northwesterly along East ROW of said Avenue 392.4 feet; thence East 184.3 feet to the point of beginning containing 1.55 acres, more or less, City of Fayette- ville, Washington County, Arkansas Also a part of the SE*, NE* of Sec. 19, T -16-N, R -30-W, more particularly described as follows, to -wit: Beginning at a point 496.96 feet South and 264 feet East of the NW corner of said 40 acre tract, and running thence South 106 feet, thence West 211 feet more or less to center of a road running North and South thence following the center of road northerly 107 feet to a point due West of the beginning point; thence East to the point of beginning. SECTION 2. That the above-described property be rezoned from A-1 Agricultural District to R-1, Low Density Residential District, so that the petitioner may develop the property residentially. PASSED AND APPROVED this /0 day of ARRA- APPROVED: , 1973.. ROY CLINTON, Chairman RESOLUTION PC /5- 73 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, April 10, 1974, 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 public hearing the Planning Commission voted to make a recommendation to the Board of Directors on Rezoning Petition R73-16, Paul R. Congour, Dick and Fern Pratt, B. L. Lewis, Sr., Robert W. Lindabury, Rodney and Allyene Greer, and Mr. and Mrs. J. B. Hays. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVIJS,F, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from R-1, Low Density Residential Distridt to R-0, Residential -Office District said real estate. LEGAL DESCRIPTION: The East i of Lot 4 and all of Lots 5 and $, Green Acres, a subdivision of part of the NWt of the SW4 of Sec. 3 and a part of the NE, SE* of Sec. 4, T -16-N, R -30-W, as designated on the recorded plat of said subdivision. SECTION 2. That the above-described property be rezoned from R-1, Low Density Residential District to R-0, Residential -Office District, so that the petitioner may create a buffer zone between commercial property and low density residential property. PASSED AND APPROVED this 20 day of APRIL , 1973. APPROVED• ROY CLINTON, Chairman • Sd t RESOLUTION PC /6-'73 Whereas, a public hearing was held April 10, 1973, fifteen (15) days after and after a notice was publishedi.±n the of general circulation; and by the Planning Commission, Tuesday, a sign was erected upon the property Northwest Arkansas Times, a newspaper Whereas, after the public hearing the Planning Commission voted to make a recommendation to the Board of Directors on Rezoning Petition R73-17, Mrs. Helen T. Edmiston. 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-3, High Density Residential District to I-1, Heavy. Commercial and Light Industrial District said real estate. LEGAL DESCRIPTION: Lots 3, 4, 5, 7, 8, 9, and 10 of Block 8, Parker's Plat of Valley View Acres. SECTION 2. That the above-described property be rezoned from R-3, High Density Residential District to I-1, Heavy Commercial and Light Industrial District, so that the petitioner may build warehouses on the above described property. n PASSED AND APPROVED this 7(/ day of APPROVED: 1973. ROY CLINTON, Chairman