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HomeMy WebLinkAbout1973-10-09 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, October 9, 1973, in the Directors Room, City Administration Building, Fayetteville, Arkansas. Members Present: Members Absent: Others Present: Roy Clinton, Ernest Jacks, Helen Edmiston, Al Hughes, Morton Gitelman, John Maguire, Christine Childress, Donald Nickell, Marvin Murphy. Larry Wood, David McWethy, Bobbie Jones, Warren West, Richard Hipp, Dave Rose, Neal Albright, Mrs. Jack Wood, Mrs. Dave Rose, Sid Davis, Dr. Robert Kilgore, Mrs. Leno Cotton, Dr. Jan T. Turley, Harry McPherson, Dr. W. E. Brooks, James Lindsey, Paul Mattke, Hugh Kincaid, Mike Watson, Dayton Stratton, Chairman Roy Clinton called the meeting to order. At the start of the meeting there were only 5 members present. Chairman Clinton stated they would consider other items on the agenda besides rezonings first to see if more members did not arrive late because it requires five votes in favor of a rezoning petition to approve it. Attorney Richard Hipp was present to represent Warren West on a request for waiver of subdivision requirements (lot splits) for property on Old Wire Road North. This had been deferred from September 25, 1973, at the request of Mr. Hipp. Ernest Jacks reported that the Subdivision Committee had reviewed the request and that there is some additional right-of-way needed on Old Wire Road. He said the Subdivision Committee felt that Mr. West should be put on notice that there will be some future right-of-way needed for the extension of Township Road. Also, he said that there are some sewer easements needed. Forty feet of right-of-way is needed from'the centerline of Old Wire Road. Chairman Clinton explained to Mr. Hipp that future development of this property is going to require a right-of-way for Township Road to be extended to the East at the time Mr. West or whoever owns the property at that time decides to develop. it. Mr. Hipp said he was not sure what the additional 10 ft. right-of-way requirement for Old Wire Road would do to the lots proposed. He stated he had received all the information from the Plat Review Committee. Ernest Jacks moved that the Commission approve the requested lot splits contingent upon the dedication of additional right-of-way on Old Wire Road to conform to the Mayor Street Plan requirements and that the sewer plans be worked out to the satisfaction of the City Engineer. The next item on the agenda was the approval of the proposed ROSEWOOD ESTATES Preliminary Plat of Rosewood Estates, lying East of North College Preliminary Plat Avenue and between Township Road and Oaks Manor Subdivision, submitted by David and Carolyn Rose. Mr. and Mrs. Rose and their engineer, Neal Albright, were present to represent the proposed subdivision. Ernest Jacks reported that the Subdivision Committee had reviewed the proposed plat and called four matters to the attention of the Commission on this plat. 1) The Subdivider is asking for approval of a cul de sac in excess of 500 ft. length. Mr. Jacks said he thought everybody is in agreement that this is satisfactory. 2) There is a question of a 15% grade in excess of a 300 ft. length. Mr. Jacks said he thought everybody thought this was alright in this case as long as the drainage problems are worked out. He said he thought it is WARREN WEST Subd. Waiver Old Wire Rd. Planning Commission -2- 10-9-73 a matter for the City Engineer to keep the drainage problem under control. 3) The Subdivider is asking for total omission of sidewalks in this subdivision. 4) There is considerable landlocked property to the South and the Northwest of this proposed subdivision and the question comes up as to whether or not some of these streets shouldn't be extended to provide access to some of that land- locked property. Larry Wood, with the Northwest Arkansas Regional Planning Commission, said that he had not made the Plat Review Committee meeting and that he had requested the Planning Administrator to reserve the right for him to make his comments after he had reviewed the ownership patterns of the property to the South. He said he has finished that review and that the ownership pattern includes long narrow strips of land running up from Township Road. He said he now felt that an extension of a cul de sac out of this subdivision would not really serve any purpose in opening up any of this land to the South. The City already has one tie to the East, and if it were not for that he would recommend a tie. Chairman Clinton said that somebody is going to have to put together a package to develop that land to the South. Mr. Wood said they will have to rely on access to the East and to the West. Chairman Clinton said that he thought the primary issue on this subdivision might be water. Mr. Rose said that he and Mr. Albright have discussed this with the City Engineer and they are willing to cooperate with the City on that. Mr. Rose said he thought they would be improving things especially down on Elizabeth Street, and that they were working with the City on this. He said he planned to cooperate fully because he did not want a water problem either as he planned on his home being up there. Chairman Clinton asked Mr. Rose why he felt he should not have to build sidewalks; if it was because the area is isolated. Mr. Rose said the lots vary from 1 acre to 22 acres on ten of them and there is not going to be that much activity up there. He said the homes will be far from the streets with long driveways. He added that the grade has quite a bit to do with it too. He added that about six of the lots have been spoken for and the prospective buyers would prefer not to have sidewalks. He described the area as a secluded, country in town situation. They said the topography submitted comes from a geodetic survey and is not exactly accurate. Al Hughes said that if the property is steep they ought to have sidewalks more than otherwise. Mrs. Jack Wood, 1045 Oaks Manor Drive, asked whether this subdivision could tie back to Highway 71. Chairman Clinton said he did not think the Planning Commission would ever want it tied in with Highway 71. Helen Edmiston said she thought the reasons given for not wanting sidewalks were all valid, but that she did not think the City needs sidewalks anyway; however if we are going to have them, all subdivisions should be treated alike. Al Hughes also said that if the City is going to require sidewalks, they should be required everywhere. Morton Gitelman arrived at 4:30 P.M. Chairman Clinton said it is the developer's responsibility to engineer, show, and record the plat for sidewalks. If the City decides to require sidewalks, the cut for them should be made at the same time the cut for the street is made. Mrs. Carolyn Rose said that another reason people are saying they don't want sidewalks is because it is very heavily wooded and they want to keep it natural. Mr. Rose said you would not find very many people climbing that 15% grade when it snows. Morton Gitelman said he saw a big difference between waiving sidewalks because of topography and waiving them because the property owners just don't want them. He said sidewalks are for the benefit of the public and added that he could see Planning Commission -3- 10-9-73 a reason for waiving them because of the topography as the 15% grade would constitute a hazard rather than a benefit. • Mr. Rose said property owners have trouble getting insurance if they have sidewalks over a certain grade; and that no matter how they are brushed, they will still get slippery when it is wet and icy. He said children think, they are safe on sidewalks, but if they start coasting wagons down that steep grade, they will not stay on the sidewalk. John Maguire arrived at 4:38 P.M. Chairman Clinton said that a lot of people have been concerned about the water (drainage) problem out there for a long time. Mr. Rose said that he thought water can be channeled better than it is at the present time. Ernest Jacks said he would be inclined to approve the preliminary plat without any action on sidewalks and see what the Board of Directors is going to do on the Commission's recommendation that the property owner have to construct sidewalks. Planning Administrator Bobbie Jones informed the Commission that two of the property owners of adjoining property are out of town. It took the developers some time to obtain mailing addresses for those people. They mailed a copy of the plat along with a letter to these people advising them that this would be before the Commission at this meeting. Mrs. Jones said she had received a telephone call from Mrs. Robert Seay requesting action on this plat be deferred until Mr. Seay had time to review the plat. The Seay's property is at the Northwest corner of the plat and is landlocked. Chairman Clinton said he was not concerned because at one time the Seay's owned all that property and any landlocking is a result of their own action. Ernest Jacks moved that the Commission approve the preliminary plat of Rosewood Estates with the provision that the drainage problem be worked out with the City Engineer and that no waiver of sidewalk requirements is granted at this time. Morton Gitelman seconded the motion which was approved unanimously. • Now that the Commission had seven members present, Chairman Clinton opened the public hearing on Rezoning Petition R73-33, W. Ely Brooks, H. B. Brandon, and Jan T. Turley acting on behalf of Richard and Kay Coger; to PETITION R73-33 rezone property located on the South side of Zion Road in the 1300 BROOKS, BRANDON? Block from A-1, Agricultural District, to R-0, Residential -Office & TURLEY (Coger) District. Zion Road Larry Wood presented the Planning Report. Attorney Sid Davis and the Doctors were present to represent the petition. Mr. Davis said this property is cater-cornered from the Blair property on the North side of Zion Road which was recently rezoned to R-0. He said the property extends almost all the way to Stearns Road on the South and that he thought Mr. Rumsey who owns the property between this and Stearns Road would either grant them an easement across his property or sell them the property so they could have an outlet onto Stearns Road. He said the doctors chose this property because it is situated equally between Springdale and Washington General Hospitals. He added that they plan to have ingress and egress off both Zion Road and Stearns Road. He informed the Commission that they plan to construct a 4,000 square foot clinic to be occupied by utologists and later have other doctors come out and locate with specialities and to use the entire strip for professional offices. He stated this would provide a buffer both from Old Missouri Road and Highway 71 and said he could not see how it is not in conformity with what has been done out there, particularly the Blair property across the street. Dr. Robert Kilgore, Zion Road, said the residents along Zion Road are against this thing. He said the City has to draw a line some place and the residents • felt it should be drawn now. He said that at all meetings he had attended, the area has been referred to as low density and that he thought it is even more important with the park going around the lake. At Chairman Clinton's request, at least 4 others raised their hands to indicate they were opposed to the petition. Planning Commission -4- 10-9-73 A question was raised about the R-2 to the East of this. Chairman Clinton said this was rezoned and projected as a planned unit development when the • minimum requirement for a planned unit development was 20 acres. Chairman Clinton called attention to the fact that a letter had been distributed to the Commission from Jamie L. Jones, Jr. in which he opposed the rezoning. Ernest Jacks said that it is obvious that this is getting into the residential property of Zion Road, and that the Commission is trying to determine where the line should be drawn. He was told that there is one single family dwelling between this property and Highway 71 and one across the street from it. He was further told that the Cotton property across the street is being surrounded by semi -commercial; the Blair property is to the West of it, the Church corners across the street from it, and the City has an easement on the East side of the Cotton property and if they use that for access to the park it will completely isolate the Cotton property from residences. Dr. Jan T. Turley said he could understand the residents concern for changing the whole area to commercial; however they were not wanting commercial. He added that commercial areas have more or less taken over the office areas for commercial. He said they could find very little areas in the commercial that would serve both hospitals at the same time. He said he thought low density residential and low density residential office are somewhat the same. He said they propose a garden type of office arrangement leaving the trees and countryside as they are. He said they have been trying to acquire some property for over a year and have had a great deal of difficulty Mr. Harry McPherson, Zion Road said there comes a time to put a stop to rezoning or it gets to be like creeping paralysis. He thought this would be in conflict with the park proposal and said he thought the Mormon Church should be the line to quit on rezoning. Chairman Clinton said he thought the people out there and the Commission would • be making a mistake to try to block this petition because they are in a big vise out there and it will squeeze and they will be just like the people between here and the University of Arkansas and the By-pass. He said he thought this was the most feasible line to be drawn and said he was looking at the ownership of the property back to the West. He said R-2 would probably be higher density and more traffic. He asked the area residents if they wanted apartments there. Dr. Kilgore said they have discussed this and could ask for no better neighbor than Dr. Brooks but were concerned about what would happen to the other 1500 ft. of the property because there is no sewer. He asked what happens when someone with political pull comes in and wants to make a fast buck. Chairman Clinton said his opinion is that R-0 is more acceptable than apartments because it has less traffic and would probably want a nicer building. He asked if Mr. Ray who owned the property to the East of this opposed the petition as he also has a long narrow strip of property. Mr. Ray was not present to answer. John Maguire said there seemed to be a lot of landlocked property to the West and asked how the Shepherd's got in and out of their property. Dr. Turley said the property starts at the fence by the Church and includes a small brick house and goes back the depth of a football field. He said they would probably want to build back on the property about the top of the hill so they could get sewer back to Fayetteville. John Maguire asked if they would consider leaving some of the frontage on Zion Road except for the entrance and rezoning the South portion. Ernest Jacks suggested the entire parcel be rezoned to R-2 because offices are permitted in the R-2 zone on appeal to the Planning Commission. He said he felt a nice small scale office development would be nice and that he was disturbed by the R-4 • possibility in the R-0 zone. He asked how the petitioners and the neighbors felt about that possibility and told them that for professional offices there is a minimum requirement of 1 acre for a maximum of 4 doctors and that the • Planning Commission -5- 10-9-73 could not be very dense in R-2. He said it seems it might very well accomodate their plans. Chairman Clinton said that the Zion Road intersection is probably one of the most dangerous intersections at this time. Sid Davis said the petitioners have a contract to buy this property only if it is rezoned to R-0 and that if it is turned down, the contract is dead. He requested the Commission either approve the rezoning to R-0 or deny the petition. Christine Childress moved that the Commission deny Petition R73-33, W. Ely Brooks, H. B. Brandon, and Jan T. Turley acting on behalf of Richard and Kay Coger to rezone the property to R-0, Residential Office District and that the zoning of the property be left at A-1, Agricultural District. Morton Gitelman seconded the motion. Childress, Gitelman and Jacks voted "Aye"; Maguire, Clinton, Hughes, and Edmiston voted "Nay". The motion to deny the petition failed to pass. John Maguire said that in view of what Chairman Clinton and Mr. Jacks have said, he feels the property lends itself to offices and he was in favor of offices. He suggested zoning- the frontage on Zion Road to R-2 and rezoning the South portion from the crest of the hill to R-0. He asked the petitioners if a compromise could not be worked out since they do not plan to use the frontage and dontt even have sewer to the front portion. Mr. McPherson asked if the petitioners and the Planning Commission would be willing to meet with the area residents in the near future and explain in more detail what they propose to do. Sid Davis said his clients had authorized him to permit the petition to be amended to ask that the property be rezoned from Zion Road back to a depth of 150 ft. to R-2, Medium Density Residential District, and from that point back to be rezoned to R-0 Residential Office District. Al Hughes moved that the petition be amended as outlined by Mr. Davis to rezone the property under Petition R73-33 to R-2 for a depth of 150 ft. off Zion Road and that the balance of the tract be rezoned to R -O. Helen Edmiston seconded the motion. Christine Childress requested further discussion. Chairman Clinton said there has never been any intention that this would be for anything except for office buildings and that they cannot construct anything on an acre or more without it coming before the Planning Commission. Mrs. Leno Cotton said her property is directly across the street from this. She said she would much rather see the subject property beautified and have doctors offices on it as to have apartments. She said there is a lot of traffic going to Paradise Valley and they do not want "just anything" going in there. Dr. Turley said they do not know of anything other than their clinic at the present time that they will put on the property. Mrs. Childress asked if the 150 ft. depth for R-2 would be large enough to accomodate a building and necessary traffic space. Dr. Brooks acknowledged that nothing could be built on it without it coming before the Planning Commission again and said the only thing he could envision on Zion Road is that they would use it as an entrance and beautify it or someone might build a home there. The motion to rezone the North 150 ft. to R-2 and the balance to R-0 was approved by a vote of six to one with Clinton, Jacks, Edmiston, Hughes, Maguire, and Childress voting "Aye" and Gitelman voting "Nay". Ozark Windows, Inc., 4032 North College had submitted a development plan for expansion of their building. The property is less than an acre in OZARK WINDOWS size; therefore this is not a large scale development plan. Highway 71 is 4032 N. designated a controlled access road and requires all developments be approved College by the Planning Commission. Planning Commission 10-9-73 Ernest Jacks reported that the Subdivision Committee had reviewed the proposal. Mr. Jacks moved that the development plan be approved. Christine Childress seconded the motion which was approved unanimously. James Lindsey and Frank Broyles had submitted for approval a HYLAND PARK, PHASE I proposed Final Plat of Hyland Park, Phase, I, lying East of Final Plat Crossover Road. Mr. Lindsey was present. Ernest Jacks reported that the Subdivision Committee had reviewed the plat, but that there were so many things that needed to be put on the plat that the Committee felt action should be deferred on it until the plat is corrected. He listed these things as: 1) A note on the plat about 8 ft. setbacks on the rear lot lines was incorrect; 2) There was a question about whether a note on the plat calling for easements on all side lot lines was permissible or whether it would have to be drawn on the plat; 3) There was no note on the plat about sidewalks; 4) The width for the right-of-way of Hyland Park Road is not shown on the plat as it transitions down; 5) The right-of-way of Highway 265 needs to be drawn on the plat. Mr. Lindsey said that neither City Engineer Paul Mattke nor Street Superintendent Clayton Powell were present at Plat Review and he had assumed that since they had approved their plans there was no objection. He said he would be more than glad to defer the plat for two weeks and offered to explain the plans for the sidewalks. Chairman Clinton asked him to explain the sidewalks. Mr. Lindsey said that if the developer puts in sidewalks alongside a street, then the builder tears them out. He said if the builders put them in, they are put in under different weather conditions and with different concrete mixes and don't match. He said in Hyland Park the sidewalks will be constructed on the back of the lots by himself and maintained by the property owners' association. He said they will be blacktopped rather than concrete. He said he thought one could have a pedestrian system completely different from the traffic system, and there would be only one or maybe two lots that will not have direct access to the sidewalks. He pointed out a site they were considering for a school bus stop. Al Hughes objected to this. Mr. Lindsey said if it would be objectionable, they would not need it, but had thought it would be nice for the people that live there. The Commission discussed the problem of getting the information to the developers following the Plat Review Committee. Mr. Jacks said that ideally the developer should get the word at Plat Review and revise the drawing before it gets to the Planning Commission. Chairman Clinton said that sometimes these problems have occurred because of the absence of key individuals and that they should have assistants to attend Plat Review if they cannot. Bobbie Jones explained to the Commission that they are usually one of three reasons why plans are not revised before the Commission seesthem: 1) She does not always get the Plat Review Minutes right out to them; she can't. 2) Sometimes there are key individuals, either from a City Department, the utilities, or the developer himself, absent. 3) Sometimes the developer simply does not believe that a requirement is a requirement until they hear the Commission say so. Chairman Clinton asked that in the future Plat Review not be held if representatives from the City Engineer's and Street Superintendent's offices were not present. A revision had been submitted by Sam Robinson, Jr. on large scale SAM ROBINSON, JR. development plans to erect a medical building on the East side of MEDICAL BUILDING College Avenue between North Street and Baxter Lane. Hugh Kincaid North & College and Mike Watson were present to represent the proposal. L.S.Development Ernest Jacks said the Subdivision Committee had reviewed the plans. He told the Commission that there were a number of variances granted by the Board of Adjustment. He said one question that came up, they have been asked for less right-of-way than it required to meet the Major Street Plan. Bobbie Jones said • Planning Commission 10-9-73 -7- the Major Street Plan calls for an 80 ft. right-of-way and the existing right- of-way is 32 ft. She said the Street Superintendent has asked for 18 ft. additional right-of-way. It was pointed out that there is a difference in the surveys of the City and the one Mr. Robinson had made and there was a possibility even less that 18 ft. was wanted. City Engineer Paul Mattke said that with their dedication and the 10 ft. on the North side of North Street, this would be all the land area he could forsee the City using. Hugh Kincaid said they do not have any setback problems, even for an 80 ft. right- of-way. Ernest Jacks moved to accept the revised plan on the large scale development plan with the provision that they dedicate sufficient property to bring the present total right-of-way up to 50 ft. Mike Watson said that from the retaining wall on the North side of the street the City is going to build a 42 ft. wide street and that there is approximately 7 ft. of right-of-way North of the retaining wall. He said in order to get a 50 ft. right-of-way, they would only need one ft. behind the curb. He said depending on which survey was correct, they would either have to give 11 ft. or 16 ft. Paul Mattke said the City will solve the question of the surveys. Helen Edmiston seconded the motion to approve the revision as stated by Mr. Jacks. Bobbie Jones asked if they wished to include in the motion that this does not waive the Major Street Plan and that the Planning Commission does not have that authority. Hugh Kincaid said that that did not enter in. Chairman Clinton said that when the Major Street Plan was adopted it included a policy that the City would work within the present street rights-of-way in built up residential areas. Someone mentioned that this would no longer be considered a residential area. The motion to accept the revised plan with the provision that they dedicate sufficient property to bring the present total right-of-way for North Street up to 50 ft. was unanimously approved. A large scale development plan had been submitted to erect an additional TYSON'S HANGAR hangar at Drake Field to be used by Tyson's. The City Board of Directors DRAKE FIELD has already approved a lease agreement with Tyson's. Dayton Stratton was L.S.Development present to represent the proposal. Ernest Jacks reported that the Subdivision Committee had reviewed the plan. He said that City Engineer Paul Mattke needs a proper plot plan for the FAA. Mr. Stratton said one has already been done and the forms sent in. He said Mr. Mattke has talked to the FAA. Ernest Jacks moved that the proposed plan be approved. Al Hughes seconded the motion which was approved unanimously. A large scale development plan had been submitted for additional improvements at the Orthopedic Clinic, 1673 North College Avenue. ORTHOPEDIC CLINIC Ernest Jacks reported that the Subdivision Committee had reviewed the plans. 1673 North He said some variances have been granted by the Board of Adjustment the only College problem seems to be the width of right-of-way that Sycamore Street needs and L.S.D. the radius that needs to be there. Bobbie Jones said that City Attorney McCord had handed her the plans for the improvements to the intersection in the hall just before the meeting. She said she had not had time to study them enough to tell how much, if any, additional right-of-way was needed to complete the project. The Commission was given the plans to look at. Ernest Jacks moved that the Commission approve the large scale development plan contingent upon the Major Street Plan and the street intersection radius being worked out to the approval of the City Engineer. Morton Gitelman seconded the motion which was approved unanimously. • • Planning Commission -6- 10-9-73 A request was presented to the Planning Commission for a subdivision HOLLAND-FITZGERALD waiver (lot split) on behalf of 0. K. Holland and Jimmy Fitzgerald. Subdivision Waiver Ernest Jacks reported that the Subdivision Committee had looked at the request and had suggested they ask for rezoning. The area is zoned A-1, Agricultural and is getting concentrated with residential property. Mr. Jacks suggested they seek rezoning to R-1, Low Density Residential and then the proposed lots would each meet the minimum lot requirements. Morton Gitelman moved to table the request to allow the applicants to seek rezoning. Al Hughes seconded the motion which was approved unanimously. The Commission continued its study of the Cato Springs Road area bounded CATO SPRINGS by Highway 71B on the East; Highway 16 By-pass on the North; and Highway AREA STUDY 71 By-pass on the South and West. Larry Wood said that the Board of Directors has shown an interest in Razorback Road being extended on down to 15th Street, and that Cato Springs Road has been reduced to a collector street. He recommended that if industrial zoning is to be considered South of Cato Springs Road and East of the railroad tracks that an industrial collector street be considered. Morton Gitelman asked if there is much problem with anything inconsistent with residential West of the railroad and between the By-pass and the tracks. He wanted to know if there will be any non -conforming uses. Mr. Wood did not think there was much conflict. Al Hughes suggested dividing the area at Cato Springs Road with R-1 on the North and R-2 on the South as a buffer. Chairman Clinton said to leave the Meadowlark area R-1 because there is a big ditch there that acts as a buffer. Mr. Hughes asked why not leave some residential on the North side of Cato Springs Road. Chairman Clinton said we have not had anything except people wanting to build single family homes out there for the last five years and that they are still building out there. He added that Levi Straus, by their own admission, has an outdated plant and cannot increase to more than an additional 70 people. Mr. Gitelman asked whether it was an accurate prediction to predict industrial development considering the Industrial Park and if none of those plants are going to expand. He said the land use plan is a prediction of the land uses in the future. He said he did not object to the land use plan but questioned whether it would hold up. Chairman Clinton said that the cost of industrial land in the Industrial Park will be less than elsewhere, but he did not know how long it will take to fill up the Industrial Park. John Maguire said there are some nice homes around Cline Avenue and that the area the Commission has felt the pressure on is near the corner of Garland Avenue and Cato Springs Road. He said he could not see industry coming in and paying $50,000 for land. He said that neither did he see industry coming in and clearing it out; if the industry moves out the buildings will be converted to warehouses or something and they will have t� .stay industrial. Chairman Clinton suggested allowing low or medium density residential up to a line equivalent to the Bear Brand property line. Mr. Hughes and Mrs. Edmiston said land is needed for medium priced homes and it is not nearly as expensive to build here as in some other areas. David McWethy said the Board of Directors is holding up action on a petition to close an alley and rezone property for Earvel Fraley until this question is settled. Chairman Clinton suggested taking everything East of the railroad track and South of Cato Springs Road and North of Shakespeare and making it R-1. Al Hughes also suggested everything South of 30th Street and West to Garland be made R-1. Mrs. Edmiston asked why not R-2; Mr. Clinton said if you make it R-2, you lose your control. Chairman Clinton said he agreed with the man who was against the extension of Garland Avenue, but did not think the Board of Directors is amenable to dropping that. • • 9 ) Planning Commission -9- 10-9-73 Al Hughes moved that the plan be revised by taking the North line of the Shakespeare property and going all the way to the railroad, then up the railroad to Cato Springs Road, then along Cato Springs Road to Garland, and up Garland to the railroad tracks then along the tracks and follow the present zoning line. John Maguire asked why go all the way to the railroad as there is no way in the next 50 years the tracks are going to be moved. Chairman Clinton said the residents don't mind those trains going through there twice a day. Mr. Maguire said he did not think it is going to be developed for anything because he knew some of the owners down there and has tried to buy some of the property from them. Chairman Clinton said he thought it is indicative that the Commission thinks the South side of Cato Springs Road in the area of Garland Avenue ought to go to either low density residential or medium density residential and told David McWethy he could pass this information along to the Board of Directors. Larry Wood said if it is really being converted over on land use, some action ought to be taken to pinch down on industrial so it does not expand. Chairman Clinton asked that Mr. Wood make the revisions discussed and that this matter be put on the top of the next agenda. The meeting was adjourned at 7:15 P.M. • • • RESOLUTION PC 3/-1'3 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, October 9, 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 circulation; and WHEREAS, after the public hearing the Planning Commission voted to make a recommendation to the Board of Directors on.Rezoning Petition R73-33, Drs. Brooks, Brandon and Turley. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVIIIF, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from A-1, Agricultural District to (Tract 1) R-2, Medium Density Residential (Tract 2) R-0, Residential -Office District, said real estate. LEGAL DESCRIPTION: Tract 1 Aarcel of land lying in the West A of the West # of the West A of the SWt, Section 24, T -17-N, R -30-W, and being more particularly described as follows, to -wit: Starting at the SW corner of the SW4, Section 24, thence North 1,845 feet to the point of beginning, thence North 150 feet to the center of Zion Road, thence East along said centerline 330 feet,tthence;Southo150Meet,-thence West:330 feet to the point of beginning, and containing 1.13 acres, more or less. Tract 2 A parcel of land lying in the WA, WA, WA, of the SW4, Section 24, T -17-N, R -30-W, and being more particularly described as follows, to -wit. Beginning at the SW corner of the SWI, Section 24, thence North 1,845 feet4 thence East 330 feet, thence South 1,845 feet, thence West 330 feet to the point of beginning, and containing 13.97 acres, more or less. SECTION 2. That the above-described property be rezoned from A-1, Agricultural District to (Tract 1) R-2, Medium Density Residential District (Tract 2) R-0, Resi- dential -Office District, so that the petitioner may construct an office building in which to conduct a medical practice (urolpgy). PASSED AND APPROVED this / day of OCTOBER , 1973. APPROVED: ROY CLINTON, Chairman