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HomeMy WebLinkAbout1974-11-12 Minutes• • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 4:05 P. M. Tuesday, November 12, 1974 in the Directors Room, City Administration Building, Fayetteville, Arkansas,. MEMBERS PRESENT: Chairman Morton Gitelman, Ernest Jacks, Helen Edmiston, John Powers, Ernest Lancaster, Donald Nickell, Rita Davis, John Maguire. MEMBERS ABSENT: OTHERS PRESENT: Chairman Al Hughes. Bobbie Jones, Larry Wood, Joe Segers, Loris Stanton, H. L. Utley, Mrs. Lucian Phillips, Robert C. Lowe, Jerris Duncan, Arthur Skelton, Clifton Gabbard, Phil Engel Ralph Goff, Walter Niblock. Gitelman called the meeting to order. MINUTES The minutes of the October 28, 1974 meeting were approved as distributed. LAND USE PLAN Chairman Gitelman opened the public hearing on an amendment to the City's "Land Use Plan" for the area lying East of Highway 71 (South School Ave.) in and around the general area of: Willoughby Road, City Lake Road, Morningside Drive, Highway 16 By-pass (Fifteenth St.), Armstrong Boulevard, and Happy Hollow Road South of Huntsville Road. Larry Wood, Planning Consultant, briefly outlined the changes that were proposed in the Land Use Pattern. There were no questions from the Planning Commission members. Attorney Joe Segers was present and asked why the whole South side of 15th Street down to Colleg4lub Dairy was proposed for change from R-1 to an industrial zone when houses were already existing there.Ernest Jacks moved that the Planning Commission recommend to the Board of Directors that the "Land Use Plan" be amended as proposed on the map, prepared by Larry Wood. Helen Edmiston seconded the motion J. Bernard Dresselhaus which was approved unanimously. The next item for discussion was Rezoning Petition R74-12, J. Bernard Dresselhaus, to rezone property located on the South side of Fifteenth Street, West of the Fayetteville Industrial Park, and South of Shenandoah Mobile Home Park, from R-1, Low Density Residential District, To I-1, Heavy Commercial F, Light Industrial District. This had been recommendedfor approval by the Planning Commission on October 8, 1974; referred back to the Planning Commission by the Board of Directors because a number of people were present at the Board of Directors Meeting who were opposed to this rezoning. Larry Wood, Planning Consultant, reviewed the Planning Report Recommendation. He said this area had previously been recommended for light industrial activity which still appears to be a preferable land use; but due to the fact the site is along the creek and in the flood plain area further investigation should be made. He said access to the Industrial Park Road rather than Highway 16 would be more desirable and, therefore, again further investigation should be made. Mr. H. L. Utley, realtor, was present on behalf of the petitioner and stated that it was felt that the proposed small truck terminal that was proposed on REZONING PETITION R74-12 7r) • Planning Commission November 12, 1974 this site was the best usage for this property, Joe Segers was present to represent the people living in the Shenandoah Mobile Home Park and along the Southside of 15th Street, He said that there were people living in this vicinity that had lived here for years and were opposed to the rezoning because they do not want industry that close to their homes. He said if this were rezoned the people that live there would be "caught" in the middle of an industrial section and would have no choice but to move, once a master plan was adopted. No one else was present to speak on Rezoning Petition R74-12 and the public hearing was concluded. In answer to a question asked by Mr. Jacks, Mr. Utley said that when the petition was submitted a small local truck terminal had an option to purchase but that the option had expired and there was no definite use for it right now. There was no further discussion. Helen Edmiston moved that the Planning Commission recommend to the Board of Directors that Rezoning Petition R74-12 be approved as submitted. John Powers seconded the motion. The motion was carried unanimously by a vote of 8 "Ayes." REZONING PETITION R74-10 Loris L. Stanton Chairman Gitelman opened the public hearing on James 0. Witt Rezoning Petition R74-10, The Hargis Trading Company, James 0. Witt, Jr. President and The Stanton Company, Loris L. Stanton, President, to rezone property located on the West side of City Lake Road (Morningside Drive) and South of Pump Station Road. This was originally petitioned to rezone from R-1, Low Density Residential District, to R-2, Medium Density Residential District: On October 8, 1974 the Planning Commission recommended that that portion of the property under petition which lies South and West of the railroad tracks be rezoned to R-2, but that that portion of the property under petition which lies North and East of the railroad tracks be rezoned to I-1, Heavy Commercial & Light Industrial District. On October 15, 1974 the Board of Directors tabled the petition as recommended by the Planning Commission and requested the Planning Commission re -advertise and hold a public hearing on the proposal to rezone the Northeast portion to I-1. Larry Wood reviewed the Planning Report. With I-1 and I-2 zoning on the North side of the property and the railroad track running through the South and West sides it was questionable whether the property was best suited for residential purposes and since the Comprehensive Plan recommended Low Density Residential, he had recommended that the Plan should be reconsidered. He stated that part of the problem with the Plan recommendations was that the division between residential and industrial did not seem to encourage property value stability. No one was present to oppose the rezoning. The public hearing was concluded. Ernest Jacks moved that the Planning Commission recommend to the Board of Directors the approval of the Northeast portion to I-1 and the Southwest portion to R-2. John Maguire seconded the motion. It was voted upon and approved unanimously. Planning Commission -3- NAYember 12, 1974• REZONING PETITION R74-18 Mrs. Lucian C. Phillips Chairman Gitelman opened public hearing on Highway 45 East $ Crossover Rd. Rezoning Petition R74-18, Mrs. Lucian C. Phillips, to rezone property located at the Northeast corner of Highway 45 East and Crossover Road (Highway 265) from R-1, Low Density Residential District, to C-2, Thoroughfare Commercial District. Larry Wood gave the Planning Report. His recommendation was that this corner of land be zoned commercial since there is already a grocery store presently on the property and the location is at the intersection of two major streets. There were some limiting factors. He said the property is shallow in depth because of the creek adjacent on the East side and that this condition would limit expansion and parking; also the relationship of this property to the school site establishes a situation which school administrators usually try to avoid. He also said the Comprehensive Plan does not recognize this corner as future commercial and in light of these limiting factors it was recommended that C-1 District be considered as a possible zoning district and that consideration be given to updating the Comprehensive Plan as it related to Highway 265, from Highway 16 on the South to the Northern limit of the City's jurisdiction. Mrs. Lucian C. Phillips was present to represent. She told the Planning Commission that this was not a recent thing --but had been built for 72 years and that they wanted to put a sign up on the awning of the building. She said they were told they could not put up a sign since this was not zoned commercial. Chairman Gitelman asked Mrs. Phillips if they planned to change the use of the property, and she told him that they did not but that it could change in the future. She also said she had no objection to the C-1 Zoning. There was no one present to oppose. The public hearing was concluded. Mr. Jacks said he was in favor of allowing commercial to develop here because it fell in with the Planning Commission's policy statement on Commercial Development. Helen Edmiston agreed with Mr. Jacks on this and moved to recommend to the Board of Directors that Rezoning Petition R74-18, Mrs. Lucian C. Phillips, be rezoned to a C-1 rather than a C-2 Zone as requested. Donald Nickell seconded the motion. The motion carried unanimously by a vote of 8 "Ayes." FAYETTEVILLE CHAMBER OF COMMERCE Large Scale Development Plan The Large Scale Development Plan submitted by the Fayetteville Chamber of Commerce on behalf of a prospective developer for property on Armstrong Boulevard (in the Industrial Park) was requested to be tabled. There were no objections to doing this. FINAL PLAT of Sequoyah Woods Subd , Phase 1 Ernest Jacks gave the Subdivision Committee's report_on the final plat of: Sequoyah Woods Subdivision, Phase 1, a subdivision South of Highway 45 East and West of Joe Fred Starr Road. He said there was an area between the main body of the subdivision and Highway 45 labled "common property" and the utility companies want certain usage of it. There is not sufficient right- of-way on Joe Fred Starr Road to meet the Major Street Plan. The subdivider feels they cannot do anything about the right-of-way because SWEPCO has a prior easement, Planning Commission -4- November 12, 1974 The City Attorney has given the Planning Office a note stating the following: "Just have the developer execute the right-of-way grant subject to SWEPCO's easement. I can prepare this. It would then be up to the City to work out any line re -location problem that might arise in the future." Mr. Robert C. Lowe was present to represent. He said that Lots 76, 83, & 82 would be affected by this easement of SWEPCO's creating building problems. He said there was presently a power line in there and the street could not be widened without moving the power pole. He felt they should have something from SWEPCO saying they cannot come back on this later. Mr. Lancaster felt that the power company (SWEPCO) could not do this anyway. Mr. Jacks moved that the Final Plat, Phase 1, of Sequoyah Woods be approved contingent upon the following conditions: 1. "Common property" on the East side of Whippoorwill be shown as "Common Property and utility easement." 2. That 30 feet of right-of-way from the center line of Joe Fred Starr Road be obtained subject to SWEPCO's prior easement. Helen Edmiston seconded the motion. Bobbie Jones, Planning Administrator, asked if the motion should include the requirement for half the cost of improving Joe Fred Starr Road from the South right-of-way of Cherokee Drive to the North line of the subdivision. Ernest Jacks said he felt this had been covered when the Planning Commission approved the ammended preliminary plat and was still a requirement and, there- fore, he did not consider it necessary to include this in this motion. The motion was voted upon and approved uanaimously by a vote of 8 "Ayes." PROPOSED ORDINANCE Chairman Gitelman opened the public hearing on the to amend proposed ordinance to amend Article 6, Zoning Art. 6, Zoning Ord. #1747 Ordinance No. 1747 (Fayetteville Code of Ordinances, Appendix A --Zoning, Article (XV) Unit 15, Neighborhood Shopping Goods, and (XVL) Unit 16, Shopping Goods, to add "package liquor stores" within Use Unit 15 and Use Unit 16. (Use Unit 15 is permitted in the C-1, C-2, $ C-3 Zoning Districts; Use Unit 16 is permitted in the C-2 and C-3 Zoning Districts.) Mr. Jerris Duncan, whose request for a Use Unit interpretation precipitated this public hearing,was present. Mr. Duncan said he was trying to build a new shop but couldn't get a building permit to build because it was zoned C-1. Attorney Walter Niblock was present and stated that all Mr. Duncan wanted to do was to remodel and rebuild. Ernest Jacks moved to recommend to the Board of Directors that the proposed ordinances to amend Zoning Ordinance 1747 to add "package liquor stores" to Use Unit 15, Neibhborhood Shopping Goods and to Use Unit 16, Shopping Goods be approved. Helen Edmiston seconded the motion. Chairman Gitelman stated that the use units should be separated and proposed the ordinances be voted on individually. Mr. Gitelman felt that any objections should be heard by the American Beverage Control Board. Donald Nickell stated he felt that this should be a conditional use in any zone in which it is allowed and he thought every individual had a right to say whether they want a liquor store built by them or not. John Maguire was opposed to putting "package liquor stores" in the C-1 Zone (Use Unit 15) in that this would allow all the small neighborhood grocery stores to sell liquor and beer. • Planning Commission November 12.1a74 He reminded the Commission that some rezoning petitions to rezone to C-2 had been approved for C-1 to prevent liquor stores being built there. Ernest Lancaster asked how they were able to change this to get a liquor store there in the first place since the property was zoned C-1. Bobbie Jones, Planning Administrator, was unable to answer Mr. Lancaster's question. There was no further discussion. Chairman Gitelman called for a vote on the proposed ordinance that would place "package liquor stores" in Use Unit 16 which is permitted in C-2 and C-3 Zones. Maguire, Power, Jacks, Gitelman, Edmiston, Davis and Lancaster voted "Aye"; Donald Nickell voted "Nay"; the motion was approved. Chairman Gitelman called for a vote on the proposed ordinance to place "package liquor stores" in Use Unit 15 which is permitted in the C-1, C-2, and C-3 Zones. Jacks, Gitelman, Edmiston, and Davis voted "Aye"; Lancaster, Power, Maguire, and Nickell voted "Nay." The motion on placing "package liquor stores" in Use Unit 15 was not approved because the vote was 4 "Ayes" and 4 "Nays'.', and the Zoning Ordinance stipulates that 5 favorable votes are required to amend the Ordinance. STEARNS ROAD Proposed Service Road The next item was a request for approval of an Arthur Skelton F, Johnie Bassett access point onto Stearns Road of the proposed service road on the East side of Highway 71, submitted by Arthur Skelton and Johnie Bassett. (Highway 71, at this point, is designated "controlled access." Larry Wood summarized a letter he had received from the Chief of Traffic Division in Little Rock, pointing that a suitable design for the intersection of the proposed frontage road and Stearns Road would be directly opposite the crossover connection to Stearns Road. Mr. Wood told the Planning Commission, however, that Mr. Skelton would still have to have street plans and profiles designed by an engineer and get them approved by Street Superintendent Clayton Powell and also get written approval from the Arkansas Highway Department. Mr. Skelton stated that this access point was alright with him. Helen Edmiston moved that the access point as shown on the letter from the Arkansas Highway Department to Larry Wood and dated October 29, 1974, showing an access point onto Stearns Road be approved. Ernest Jacks seconded the motion. Mr. Jacks commented that although the motion included approval only for the access point, he hoped that the service road would be extended straight North. Chairman Gitelman commented that he felt it would be more proper to say "in a northerly direction" because there was a possibility it would be brought in closer to the Highway somewhere between Stearns Road and Zion Road. The motion was voted upon and unanimously approved. CLIFTON GABBARD Ernest Jacks gave the Subdivision Report on the Large Large Scale Development Scale Development Plan submitted by Clifton Gabbard to develop a scrap metal processing and auto salvage South of the end of Ray Avenue and between the West Fork of the White River and the Industrial Park. He said that Ray Avenue stopped about 300 or 400 feet short of this property and that Plat Review notes reported that it would be better if Mr. Gabbard were to acquire additional property to make that connection by extending Ray Avenue and dedicating it or he could go on and build it as a private drive and maintain it himself with a notorized agreement that the City would not be responsible for maintaining the drive, and also that he would not block the natural drainage. Planning Commission -6- November 12+ 1274 Mr. Gabbard was present to represent and stated that he had this on a lease type arrangement right now but would like to later purchase additional property for access. Ernest Jacks moved to approve the Large Scale Development Plan of Clifton Gabbard contingent on Mr. Gabbard either extending Ray Avenue and building it to standard City street standards or construct it as a private drive and maintain it himself with a notorized agreement acknowledging this. Helen Edmiston seconded the motion. The motion was approved unanimously by a vote of 8 "Ayes." CALVARY ASSEMBLY OF GOD CHURCH 2070 North Garland Ave. The next item was the Large Scale Development Plan and Conditional Use Request submitted by Calvary Assembly of God Church, 2070 North Garland Avenue, to construct an addition connecting two separate structures. Ernest Jacks said the Subdivision Committee found no problems with this except that sufficient right-of-way on Garland must be provided for the City to have an 80 foot street. Helen Edmiston said the church had already said they would dedicate the 10 feet of right-of-way, but there is some question about amount of right-of-way actually needed. Ernest Jacks asked David McWethy, Administrative Aide, if he could get with Clayton Powell, Street Superintendent, and Bobbie Jones, Planning Administrator, in order to find out just how much right.of-way there really was. There was no further discussion. Helen Edmiston seconded the motion. It was voted upon and unanimously approved. Ernest Jacks moved the conditional use request for church purposes in this zone be approved. Rita Davis seconded the motion. The motion carried unanimously. "SHONEY'S" RESTAURANT Large Scale Development Chairman Gitelman opened the discussion on the Large Scale Development Plan to construct a "Shoney's" Restaurant on General Growth Properties North of the Northwest Arkansas Plaza on North College Avenue. He said there was a note that some revisions were being made on this. Mr. Jacks gave the Subdivision Committee Report and said there was a question about whether or not a service road should be constructed all the way to the North property line. He said they had offered to post a performance bond so that when, at a future date it was ready to go on, they would construct a service road across the front of the property. He said right-of-way from the service road could be acquired now as he understood it. The parking must either be screened or setback 20 feet from the North property line. Mr. Phil Engel was present to represent. He said some of the revisions were that the water and sewer lines were still under design, and that the trash area would be moved to the South to the approximate middle of the building. He told the Planning Commission that there would be parking on the North side of the building but not to the property line because the topography was too steep here. Chairman Gitelman asked if this development would be on the same level as the parking lot for the Mall and Mr. Engel said this parcel was approximately 8 feet below the parking lot for the shopping center. Mr. Engel told Mr. Jacks he thought their past committments would bear out the i i Planning Commission -7- November 12? 1974 fact that they would post a service bond to construct a service road across the front of their property. He also said that the parking would be setback 20 feet from the North line. Ernest Jacks moved that the Large Scale Development Plan of "Shoney's" Restaurant on General Growth Properties be approved contingent on (1) They post a performance bond for the future construction of a service road all the way to their North property line. (2) They provide the right-of-way for the service road (3) All easements required by the appropriate City officials be subject to their approval. Ernest Lancaster seconded the motion. There was no further discussion. The motion was approved unanimously by a vote of 8 "Ayes." UNIVERSITY BAPTIST CHURCH 315 West Maple St. The next item to be discussed was a proposed Revision to approved L.S.D. revision to the approved Large Scale Development and Conditional Use Plan and Conditional Use for University Baptist Church, 315 West Maple Street. The Church proposed to locate some temporary educational buildings on their property as an interim measure. Mr Jacks said that in the Subdivision Committee meeting it was undecided whether or not the approval of the Planning Commission was necessary for the University Baptist Church to construct a temporary building here. Mr. Ralph Goff was present to represent. He said they had purchased some land with buildings on it between Lafayette and Watson Streets which contained the Lafayette House. This building burned and it will be razed so they want the temporary metal buildings temporarily (about 2-4 years) for educational space until they could build a permanent structure. Bobbie Jones said that in cases where schools had usedlrailer-type buildings for security purposes the approval of the Planning Commission had been obtained; but that she could not recall the Planning Commission having reviewed temporary classrooms. Mr. Goff said that the metal buildings they planned to use would not be classified as "portable." In answer to Mr. Gitelman's question, Bobbie Jones, Planning Administrator, said that Mr. Lieberenz, Inspection Superintendent, had been given a note on this and she had referred this to him as it pertained to the Building Code. It was decided by the Planning Commission that this request was too premature for them to make any comments on. It was therefore suggested for the University Baptist Church to submit to Mr. Lieberenz their exact plans as to what they intended to do. It was felt that they might not have to get the approval of the Planning Commission for this plan at all since they proposed to locate the portable buildings in an R-0 District. Helen Edmiston was of the opinion that the approval of the Planning Commission would not have to be obtained for church purposes. There was no further discussion. There was no other business and the meeting was adjourned at 5:45 P.M. • • • RESOLUTION PC 34 -74 WHEREAS, a public hearing was held by the Fayetteville Planning Commi- ssion, Tuesday, November 12, 1974, fifteen (15) days after a notice was published in the Northwest Arkansas Times, a newspaper of general circu- lation; and ;WHEREAS, after the public hearing, the Planning Commission voted to make`a recommendation to the Board of Directors on a proposed amendment tortfeSland,USe-PlanSintthe ar_,ea:df,.Ei£teenth Street, Morningside Dave, Willoughby Road, City Lake Road, Armstrong Boulevard, and Happy Hollow Road South of Huntsville Road. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That the proposed amendment, attached hereto and made a part hereof, be adopted to amend the original "Land Use Plan" for the area described above. PASSED AND APPROVED this 12th day of November 9 1974. APPROVED: MORTON GITELMAN, Ohairman RESOLUTION PC 36-74 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, November 12, 1974, fifteen (15) days after a sign was erected upon the property and after a notice was published in the Northwest Arkansas Times, anewspaper 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 R74-12, J. Bernard Dresselhaus. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILT.F, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from R-1, Low Density Residential District to I-1, Heavy Commercial and Light Industrial District said real estate. T.FGAL DESCRIPTION: Part of the NEy of the SE* of Section 22, T -16-N, R -30-W, more particularly described as follows, to -wit: Beginning at a point 40 feet South of the NE corner of said 40 acre tract, and running, thence South 1280 feet, thence West 726 feet, thence North 1280 feet, thence East 726 feet to the point of beginning, containing 21.33 acres, more or less. SECTION 2. That the above-described property be rezoned from R-1, Low Density Residential District to I-1, Heavy Commercial and Light Industrial District so that the petitioner may use the property commercially or industrially. PASSED AND APPROVED this /17/4-- day of.(lLl/.&111 , 1974. APPROVED: Morton Gitelman, Chairman RESOLUTION PC 35--1-74 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, October 8, 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 R74-10, Hargis Trading Company, (James 0. Witt and Loris L. Stanton, Presidents). 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 Tract "A" from R-1, Low Density Residential District to R-2, Medium Density Residential District said real estate. LEGAL DESCRIPTION: Tract "A" A part of the NEI-, NW* of Sec. 27, T -16-N, R -30-W of the 5th P.M., Fayetteville, Arkansas, being more particularly described as follows: Beginning at a point that is West 716.15 feet from the NE corner of the NEy, NW* of Sec. 27. Thence West, 559.95 feet; thence South 1320.0 feet; thence East 1140.09 feet; thence N 50 51' E, 230.10 feet; thence N 650 07' W, 363.63 feet; thence Northwesterly along a curve D=11° 16', 600.39 feet to the P. T.; thence N 2° 33' E, 454.75 feet to the point of beginning containing 22.162 acres more or less. WHEREAS, a public hearing was held by the Planning Commission, Tuesday, November 12, 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 R74-10, The Hargis Trading Company. NOW THEREFORE, BF IT RECOMMENDED BY THE CITY PLANNING COMMIiSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILT.F, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning Tract "B" from R-1, Low Density Residential District to I'-.1, Heavy Commercial and Light Industrial District, said real estate. LEGAL DESCRIPTION: Tract "B" A part of the NEy, NWw of Sec. 27, T -16-N, R -30-W, 5th P.M., Fayetteville, Arkansas, being more particularly described as follows: Begining at a point that is West 43.9 feet from the NE corner of the NE4 of the NWw of said Section 27. Thence West, 616.06 feet; thence S 2°33' W, 459.27 feet; thence Southeasterly along a curve D=14° 02' 482.29 feet to the P. T.; thence S 65° 07' E, 329'.17 feet; thence N 5° 53' E, 991.18 feet to the point of beginning, containing 11.358 acres more or less. SECTION 2. That the above-described property be rezoned from R-1, Low Density Residential District to R-2, Medium Density Residential District - Tract "A" and from R-1, Low Density Residential District to I-1, Heavy Commercial and Light Industrial District - Tract "B", so that the property can be used residentially and commercially. • • • 71 PASSED AND APPROVED this day of/ d/�� , 1974. APPROVED: Morton Gitelman, Chairman • RESOLUTION PC 3/0' 71 WHEREAS, a public hearing was held by the Planning Commission, Tuesday, November 12, 1974, fifteen (15) days after a sign was erected upon the prop- erty and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and WIE;REAS, after the public hearing the Planning Commission voted to make a recommendation to the Board of Directors on Rezoning Petition R74-18, Lucian C. Phillips. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVIJSF, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from R-1, Low Density Residential District to C-1, Neighborhood Commercial District said real estate. LEGAL DESCRIPTION: Part of the NW; of the SWri, of Section 1, T -16-N, R -30-W, described as follows: Beginning at a point on the North line of Highway 45 which is 45.5 feet north of the SW corner of said 40 acre tract, and running thence North 241.5 feet, thence east 203.25 feet, thence South 211 feet more or less to the North line of said Highway, thence Southwesterly with the North line of said Highway to the place of beginning, containing 1 acre more or less. SECTION 2. That the above-described property be rezoned from R-1, Low Density Residential District to C-1, Neighborhood Commercial District, so that the property may be conforming in use to the existing business. PASSED AND APPROVED this /A day of %l/y(ilri , 1974. APPROVED: Morton Gitelman, Chairman RESOLUTION PC 36-.•1-74 WHEREAS, at its regular meeting on Tuesday, November 12, 1974, the Planning Commission voted to make a recommendation to the Board of Directors on the final subdivision plat dated October 7, 1974 known as Sequoyah Wood, Phase I submitted by Multiproperties, Inc. and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that Whickerbill, Inc. enter into and furnish the City with the necessary subdivision contract before the Board of Directors accepts this final subdivision plat. NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVIJJF, ARKANSAS: SECTION 1. The necessary subdivision contract be executed with the City prior to the Board of Directors accepting the final subdivision plat. SECTION 2. That the City of Fayetteville, Arkansas accept the final plat along with the land dedicated for streets and other public uses in the Sequoyah Woods, Phase I Subdivision described as follows: Part of the NE*, NWS Section 12, and Part of the SEt, SW4, Section 1, and a part of the SEt, Silk, Section 1, all in T -16-N, R -30-W, Washington County Arkansas, more particularly described as: Beginning at the NW corner of the SEt, SWk, Section 1; thence East 318 feet; thence North 326.75 feet to a point on the South ROW line of Ark. State Highway 45; thence N 720 08' East 131.86 feet; thence South 367.2 feet; thence East 872.55 feet; thence South 1150 feet; thence West 270 feet; thence S 71° 12' West 136.06 feet; thence S 44° 19' W 165 feet; thence N 450 41' West 110 feet; thence S 550 00' W 136 feet; thence 6 58° 00' W 87 feet; thence S 67° 57' W 180.9 feet; thence East 371 feet; thence N 00° 33' 41" E 111.16 feet; thence North 1315.38 feet to the point of beginning, containing 40.213 acres more or less. , PASSED AND APPROVED this /7th day of ` XG/_1��r��G/4/L.. ATTEST: ERNEST JACKS, Secretary APPROVED: 1974. MORTON GITELMAN, Chairman • • • RESOLUTION PC 36.2-74 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Tuesday, November 12, 1974, fifteen (15) days 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 a proposed ordinance to amend Article 6, Zoning Ordinance #1747 (Fayetteville Code of Ordinances) Appendix A - Zoning, Article (XV) Unit 16, Shopping^Goods:)otoiaddrpadkage liquor stores within Use Unit 16; NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION'TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILrF, ARKANSAS. SECTION 1. That the proposed ordinance, attached hereto and made a part hereof, be adopted to amend Article 6, Zoning Ordinance #1747 to allow "Package Liquor Stores" to be placed in Use Unit 16 - permitted in the C-2 and C-3 Zoning Districts. PASSED AND APPROVED this 12th day of November , 1974. APPROVED MORTON GITELMAN, Chairman RESOLUTION PC 36.3-74 WHEREAS, a public hearing was held by the Fayetteville Planning Commission, Tuesday, November 12, 1974, fifteen (15) days 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 a proposed ordinance to amend Article 6, Zoning Ordinance # 1747 (Fayetteville Code of Ordinances, Appendix A - Zoning, Article (XV) Unit 15, Neighborhood Shopping Goods) to add package liquor stores within Use Unit 15; NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FA'ETTEVILLE, ARKANSAS. SECTION 1. That the proposed ordinance,to'.amehd'Articie 67y1-1ZoningEOrdinance #17471toballowp9Package:T iquortStoresr tionbegpladediineUSe%Unit 15 not be approved at this time. PASSED AND APPROVED this 12th day of November , 1974. APPROVED: MORTON GITELMAN, Chairman