HomeMy WebLinkAbout1977-05-09 Minutes•
MINUTES OF A PLANNING COMMISSION MEETING
A meeting of the Fayetteville Planning Commission was held at 5:00 P. M., Monday,
May 9, 1977, in the Board of Directors Room, City Administration Building, Fayette-
ville, Arkansas.
MEMBERS PRESENT: Vice -Chairman Rita Davis,
Bill Kisor, John Maguire,
MEMBERS ABSENT: Chairman John Power.
Peg Anderson, Ernest Jacks, Keith Newhouse,
Donald Nickell, Jack Ray.
OTHERS PRESENT: Bobbie Jones, Angie Medlock, City Attorney Jim McCord, David McWethy,
David Bell, Scott Van Laningham, Marion Orton, Phil Colwell, Mr. $
Mrs. Bob Hutson, Dale Christy, Bruce Kendall, Jim Lindsey, Joe Segers,
Helen Edmiston, Robert Mhoon, Rick Cowdrey, Beth Crocker, Neal
Albright, Lois Imhoff, Ron Sherwood, Marshall Carlisle, Rex Thompson,
Linda Middlebrook, Bryce Davis, A. E. Spurlock, Lyle Stanton and
other unidentified persons.
In the absence of Chairman John Power, Vice -Chairman Rita Davis called the meeting to
order.
City Attorney McCord said that on Page 3, last line of the April 25, MINUTES
1977 minutes it read "Mrs. Hutson said the City Attorney had suggested
this number of lots." He said he hadn't specified any number of lots.
With this sentence deleted, the corrected minutes were approved as mailed.
Next were two letters from Jim McCord, City Attorney, LETTERS FROM JIM MCCORD
dated May 12, 1975, and May 3, 1977, concerning the authority
of Arkansas Municipal Corporations to prohibit the use of septic tanks, and to
disapprove a subdivision plat for reasons not contained in subdivision or zoning
regulations.
Vice -Chairman Davis said she had talked with -City Attorney McCord and he had sent
these letters more for the Planning Commission's information than for discussion.
Ernest Jacks asked if the letters mean that the Planning Commission could write an
Ordinance which is more strict in terms of septic tanks. McCord said that under the
new state septic tank act which becomes effective July 1, 1977, one section provides
that municipalities may set more strict standards for septic tanks than required by
the State Department of Health. He said he doesn't think the City could totally pro-
hibit the use of septic tanks. Mr. McCord said he isn't sure if the limitation on
requiring sewer connections, which is 300 feet maximum and not across other private
property, would apply to a subdivider. He said he can see this both ways --the subdivider
has created the need; but the ordinance is very clear. He said this is a legislative
decision, he doesn't know how a court would rule on this.
The first item for discussion was a resolution from SUBDIVISION REQUIREMENTS
the Board of Directors (May 3, 1977) to ask the Planning OUTSIDE THE CITY
Commission to apply the same subdivision requirements
(street paving, drainage, curb and gutter, street lights, and sidewalks, etc.) for
subdivisions outside the City Limits as they apply to subdivisions inside the City
Limits. The Board also asked the Planning Commission to not approve any outside -the -
city subdivisions until after the Planning Commission and the Board of Directors can
make a decision on the proposed changes in the Growth Area subdivision requirements,
or within 45 days, whichever occurs first.
Vice -Chairman Rita Davis said she had appointed a committee composed of Keith Newhouse,
Peg Anderson, and John Maguire to meet with a committee from the County Planning Board.
She said they had met this afternoon and City Attorney McCord suggested this same
Planning Commission committee meet again with him and try to form an Ordinance that
the County Planning Board, the City Planning Commission and the Board of Directors can
all live with and thttt.will allow them to do what they can do by law. Rita Davis also
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Planning Commission Meeting
May 9, 1977 -2-
asked Ernest Jacks to serve as a member of that committee and asked Peg Anderson to
serve as chairperson.
Jim McCord said he had suggested that rather than the full Commission meet to discuss
this, it might be better to have a subcommittee. He said he felt that maybe they could
come back with alternatives and they could expedite this quickly. He said the reason
they are going to the County is because, even though the State Statute specifically
grants municipalities extra -territorial jurisdiction in dealing with land development
subdivisions, the Constitution provides that the County courts have original jurisdiction
over roads, bridges, and "matters necessary to the internal improvements and local
concern of the respective counties". He said he is afraid someone could argue that
that includes septic tanks, street lights, sidewalks, etc. He said it would be much
better to get the County to approve what the City wants to do in the County planning
area.
Peg Anderson said she would appreciate getting some ideas and thoughts from the
Commissioners or the public on this.
Keith Newhouse said they had gotten very good feedback from the County and he feels they
could come up with some good suggestions.
Jim McCord said he would like to know how they felt about whether full city improvements
to City standards should be required in suburban subdivisions. He explained that street
lights, curb and gutter, storm drainage, sidewalks, etc. are not required at this time
in the County. He said there are arguments both ways on each issue. Peg Anderson
said that at this time they do not require or will not give connections to the City
sewer outside the City, but they do have provisions for allowing water. John Maguire
said the big issue is the size of lots to require on septic tanks. He said his
interpretation is that the County feels lots should be permitted to be less than 31/2
acres in size but he felt they may go with a .one acre (gross land area minimum) if
it is in the jurisdiction limit.
General Bruce Kendall, with the County Planning Board, said the County does care
what kind of subdivisions are in the County. He said they want big lots, and a
rural type of atmosphere.
Jim Lindsey said this is a problem and they need to take some of the circumstances
into consideration. He said they may need to reanalyze the growth area He said
there are a lot of different things to be taken into consideration, and it has to come
within a balance of reason. He said he would not be opposed to some minimum lot size
that is greater than what the State Department :of Health requires. He said he feels
they will come up with a reasonable solution.
Rita Davis asked if they could have a recommendation for discussion by May 23.and
hold a public hearing on June 13.
Bruce Kendall said they need something that will fit the entire County because they
will put this into their County subdivision regulations.
Ron Sherwood said that to arbitrarily say that all lots will be storm -drained and
curb and guttered is not doing the terrain of Arkansas justice. He said there should
be some freedom of movement to do the best job for the terrain of the particular
subdivision.
Next was the approval of the Preliminary Plat HUNTINGTON PLACE
for Huntington Place located Northeast of Joe Preliminary Plat
Fred Starr Road, South of Highway 45 East; Joe Lynn Henley NE of Joe Fred Starr Road
and Judy Henley, Robert L. Hutson and Andre Hutson, developers.
This item was tabled at the April 25, 1977 meeting. Mr. $ Mrs. Bob Hutson and Attorney
Joe Segers were present to represent.
Vice<hairman Rita Davis said she has talked to City Attorney Jim McCord about this and
she would like to postponea decision on this.
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Planning Commission Meeting
May 9, 1977 -3-
Joe Segers, Attorney for Mr. Hutson, said they don't have any objection to it being
postponed today, but the Ordinance does require some action to be taken within 30 days
from the day it is filed with the Planning Administrator. He said they may have a
problem if they are unable to act on this at this time as the plat was filed with
Plat Review members on April 14 which would require the Planning Commission to act
by May 13. Mr. Segers said he would have no objection to the Planning Commission
postponing this until May 13, but they can't schedule another open meeting by May 13.
Jim McCord asked if they would agree to extending this until Tuesday, May 17, and let
the Board of Directors meet and decide if they want to pass an Ordinance placing a
moratorium on all subdivision plat approvals in the Planning Area. He said he felt
they have the legal right to do that.
Joe Segers said he and his clients don't feel what the City is doing should affect the
subdivisions before the Planning Commission now that people have spent a large amount
of money on, by relying on what they have been told to get the matter before the
Planning Commission. He said they should have a moral expo facto law. Everything
has been done according to law. The reason it was tabled at the last meeting was
because Jim McCord couldn't be present and to require Bob Hutson to go by rules that
haven't been made yet after he has spent money on rules that have been made isn't
right.
General Bruce Kendall said that under the current rules it creates a problem for the
County. He said the County Board has approved the road. He said he felt they should
take this subdivision on the basis of what they are working with now and work with
this problem in the future.
Marion Orton said the Board of Directors are concerned about the several subdivisions
in the growth area being on septic systems and want a chance to reconsider what is
happening as far as water pollution is concerned. She said this will give them some
time to do this. She said they are asking the Planning Commission to look at the
affect this will have on the future of Fayetteville. Marion Orton asked Jim McCord
about when the City Board recently changed the Ordinance that required subdivisions
to go to the City Board for final approval and she understood then that if there
were any questions involved it would go on to the City Board to be considered. Jim
McCord said the amendment did provide the Planning Commission approval of final plats
but made no provision for going on to the City Board. He again suggested that since
the 30 days hasn't run out that they table this and the Board of Directors may have
to call a special meeting to pass an Ordinance calling a moratorium on subdivision
approval in the County. He said there are cases where cities have called moratoriums
pending review of the regulations.
Joe Segers said there are presently 8 lots slightly less than one acre in size.
The homes would have to meet the protective covenants, which require them to be 1800
square feet, and conform to the size which would be approved by the State Department
of Health for a septic system. Mr. Segers said they feel the Board can do what they
want to do, but he doesn't feel .they will be able to agree on a date. He stated
that this is not a new problem, the County has been subdividing property for some
time. He said they have no desire to pollute the water supply. He stated that there
is more than one problem when they say that a person has to live under laws that are
not made today. He said if the Planning Commission decided they want regulations
to be the same in the County even though they don't get the services available
in the City (sanitation service, fire protection, etc) they could be in a lawsuit
with the County. He said to require Mr. Hutson to wait until they change the Ordinance
isn't fair. He said they would appreciate them making a ruling one way or the other.
Bruce Kendall said the County is more concerned about cooperation with the City than
technicalities. He stated that if the City Board of Directors would let the two
planning commissions work this out, they could come up with something good for the
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Planning Commission Meeting
May 9, 1977 -4-
entire area They should consider the County Planning Board's feelings on this.
Peg Anderson said as far as the City is concerned this has not been approved by the
City or the County.
Jim McCord again suggested they hold a special meeting of the Board of Directors to
decide if they want to have a moratorium placed on the subdivisions in the County.
Commissioner Bill Kisor stated that the Planning Commission should have acted on this
at the last meeting. He said he doesn't agree at all with what has been said. He
stated ;that this does meet all the requirements of a subdivision and made a motion to
approve the preliminary plat of Huntington Place.
Jack Ray seconded the motion. He said that with all the wisdom and foresight the
Board of Directors and those ahead of them have, why was this held up until now to
make a big issue of? He said the City of Fayetteville has some areas that for a number
of years, in some cases as much as 10 years, where no sewer facilities are available.
He felt that one of the most constructive things they could do is find some means of
financing sewer facilities to serve those areas in the City already in trouble.
Peg Anderson said she would wish, by having this tabled, there is a very good chance
of this being turned down. She stated that she is concerned that they are looking at
the regulations instead of planning for the City of Fayetteville. She stated that they
should encourage development inside the City and discourage it outside the City as
much as possible. She said she will vote against it because she feels it is poor
planning.
Donald Nickell said they should do their planning within the limits of the law. Jim
McCord said if the plat is in order, the Planning Commission doesn't have any basis
of turning it down. Beth Crocker said under the present subdivision ordinance there
are two sets of requirements --one set which "shall" be required for urban and one
set which "may" be required for suburban. She pointed out that under improvements
listed for suburban subdivisions, it says that sewer "may" be required. She said it
would appear that there is some indication that already they do have some control to
make some judgment. She pointed out that the improvements in the urban subdivisions
are mandatory, those in suburban subdivisions are discretionary. She felt this gave
the Planning Commission discretion as to what they can require.
City Attorney McCord said he didn't draft this ordinance so he isn't sure what the
intent was. He said he thought a city system has to be prepared by a licensed
engineer and approved by the State Board of Health. He said if you have a private
system installed in the City it has to be approved by the City. On a private system
in the suburban area, if sewer in unavailable, it would have to be approved by the
State Board of Health. He said by saying "may" they don't have any definite standards
so the subdivider doesn't know what standards he has to meet.
Joe Segers asked Jim McCord if there was an Ordinance passed by the City Board saying
that a subdivision outside the City cannot hook onto sewer. Jim McCord said this has
been a policy, it is not an ordinance.
Marion Orton said there is a provision that they can have sewer without hooking on to
the City sewer by building a private sewer system.
The motion made by Bill Kisor, seconded by Jack Ray, to approve the preliminary plat
of Huntington Place passed 6-2, with Ray, Kisor, Jacks, Newhouse, Nickell, and
Maguire voting "Aye", and Anderson and Davis voting "Nay".
Donald Nickell said he is very much opposed to the number of septic tanks in this plat
but he is opposed to picking one person out to. make an example of him. He said he
would like to seethe County roads be made wide enough so that when it comes into the
City, the City won't have to pick up the cost of widening the road.
Peg Anderson said she hopes the developer will give serious thought to the possibility
of connecting to the sewer, and asked that they look into this.
Next was the waiver of the setback requirements
for a non-residential use abutting "R"
Districts. In the Large Scale Development
David Carter
Large Scale Development
SE corner of Ash $ Chestnut
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Planning Commission Meeting
May 9, 1977
for a roller skating rink, submitted by David Carter, the south property line abuts
an R district. The requirement for an indoor facility, if fully air-conditioned is
100 feet. Mr. Carter is requesting a 50 foot separation. The property is located on
the Southeast corner of Ash and Chestnut Streets.
Mrs. David Carter was present to represent.
Ernest Jacks said the Subdivision Committee recommends to the Planning Commission
that they approve the request for a waiver of setback requirements on the south side
from 100 feet to 50 feet.
Helen Edmiston, who owns the property to the south, said it is presently zoned R-3
and she will probably ask to have it rezoned to C-2 or I-1 in the future. She said
it will not be used for any form of residential and she has no objections at all to
the skating rink.
Bill Kisor made a motion to approve the waiver of setback requirements. Jack Ray
seconded the motion, which passed unanimously. Mrs. Anderson suggested they give some
serious thought to putting some trees next to the building for energy conservation.
Next was the public hearing on Rezoning
Petition No. R77-6, Linda Middlebrook, to
rezone property located on the Southwest
corner of Greenview Drive and Highway 45
East from R-1, Low Density Residential District
to R-2, Medium Density Residential District. This petition was tabled at the April 11,
1977 meeting.
Linda Middlebrook was present to represent.
Planning Consultant Larry Wood said the Planning Report recommendation is the one he
made before the study. He said that in the study he did not recommend any changes in
that area at this point. He said he felt it could be developed in multi -family
without rezoning through a Planned Unit Development. He said he did not feel they
should begin lot-by-lOt� conversion. He said he felt the Planning Commission could
consider approving a dup'l'ex,at a later time, but as a conditional use. He said he
would not recommend rezoning. He said this piece of property has problems being
right across from Dillons but he feels approval of R-2 on this may set a precedent
on approving more than this on other pieces of -property. He recommended that they
hold to the Land Use Plan on this. He noted that there are other alternatives under
R-1, such as duplex conditional use.
Commissioner Donald Nickell questioned if the peace and tranquility of R-1 has not
been already broken by Dillons.
When asked what her plans are for the lot, Linda Middlebrook said she doesn't have
any plans at this time. She said she would consider a duplex. Vice -Chairman Rita
Davis stated that to consider a duplex, they would have to resubmit an application.
Rex Thompson, Viewpoint Drive, asked if Ms. Middlebrook had any intentions of doing
anything with the lot before forces from the outside approached her. He said if he
was in Linda Middlebrook's situation, he would possibly want to go with a duplex. He
stated that he is not really against it or for it.
Peg Anderson made a motion to deny the rezoning. Bill Kisor seconded the motion which
passed 7-1, with Ray, Kisor, Anderson, Davis, Nickell, Jacks, and Newhouse voting "Aye"
and Maguire voting "Nay".
Linda Middlebrook
REZONING PETITION NO. R77-6
SW corner of
Greenview Dr. P, Hwy. 45 East
Bobbie Jones asked if the Commission wished to have a HIGHWAY 45 STUDY
public hearing called to amend the Land Use Plan
along Highway 45 or if they•wish to leave it as it
is. The consensus of the Commission was to leave it as it is.
Next was the public hearing on Rezoning Petition
No. R77-7, Bryce J. Davis to rezone property
located South of Hatfield Drive and East of
Porter Road from R-1, Low Density Residential
District to R-2, Medium Density Residential District. This petition was tabled at
PUBLIC HEARING
BRUCE J. DAVIS
REZONING PETITION R77-7
Porter Road
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Planning Commission Meeting
May 9, 1977 -6-
the April 11, 1977 meeting. The variance from the Board of Adjustment for the lot
area minimum as a duplex in the R-1 District was denied.
Bryce J. Davis was present to represent.
Bryce J. Davis said he agrees with the Planning Commission about spot -zoning in this
case. He said there is a neighbor to the south that will sell them 4,000 feet off
of their lot so he can build the duplex as a conditional use.without a variance. He
said he will accept a conditional use.
Peg Anderson made a motion to approve the amended conditional use on the 12,000 square
foot lot.
Ernest Jacks seconded the motion, which passed unanimously.
Bryce Davis then asked the Commission for permission to withdraw his rezoning petition,
R77-7.
Jack Ray made a motion to accept the withdrawal. Ernest Jacks seconded the motion,
which passed unanimously.
Next was the public hearing on Rezoning Petition REZONING PETITION R77-11
No. R77-11, Russell P. and E. Lorene Jack, c/o Russell P. Jack
Walter R. Niblock to rezone property located South Highway 16 West
of Highway 16 West and West of the Highway 71 Bypass
from A-1, Agricultural District to C-2, Thoroughfare Commercial District. This petition
was tabled at the April 25, 1977 meeting.
Vice -Chairman Rita Davis said she had received a call from Keith Schultz who said Mr.
Niblock is in the hospital and Mr. Jack is out of town. He asked the Planning Commission
to table this until May 23.
Bill Kisor made a motion to table Rezoning Petition No. R77-11 until May 23.
The motion was seconded by Jack Ray and passed unanimously.
The next item was the public hearing on Rezoning REZONING PETITION R77-13
Petition No. R77-13, A. E. Spurlock and Mildred Spurlock and Sisemore
M. Sisemore to rezone property located North of N of 71 $ E of Razorback Rd
Highway 62 West and East of Razorback Road from
P-1, Institutional District to C-2, Thoroughfare Commercial District.
A. E. Spurlock was present to represent. There was no one present in opposition.
Planning Consultant Larry Wood said he did recommend this for approval. He said he
had checked with the University of Arkansas and they don't plan to buy any more property
in this area.
Ernest Jacks made a motion to approve the rezoning petition. Bill Kisor seconded the
motion, which passed unanimously.
The ninth item for consideration was the public REZONING PETITION R77-14
hearing on Rezoning Petition No. R77-14, Robert Robert Mhoon
Mhoon, to rezone property located on the North- Cherry Lane $ 16 East
east corner of Cherry Lane and Highway 16 East
from R-1, Low Density Residential District to R-2, Medium Density Residential.
Attorney Marshall Carlisle and Robert Mhoon were present to represent.
Planning Consultant Larry Wood said this piece of property is shown on the Land Use Plan
as service commercial, which is interpreted as R-0. He said this request is a less
intensive use than the plan would indicate. He noted that there are several single-
family homes in the area. He said he would consider rezoning to R-2.
No one was present in opposition. Bobbie Jones said she had received one phone call
from Mr. Couch, who had to be out of town, but Mr. Couch wasn't sure if he approved
or disapproved of the rezoning at this time.
Peg Anderson made a motion to approve the rezoning petition No. R77-14.
Keith Newhouse seconded the motion, which passed 8-0.
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Planning Commission Meeting
May 9, 1977 -7-
Next was the public hearing on Rezoning Petition. REZONING PETITION R77-15
No. R77-15, Larry Wayne Martin, to rezone property Larry Wayne Martin
located South of Highway 16 East and East of Hwy 16 E F, Cunningham Lane
Cunningham Lane from R-1, Low Density Residential
District to C-2, Thoroughfare Commercial District.
Polly Martin was present to represent.
Larry Wood said that this piece of property came in in 1975 for a similar request --the
same zoning but a different use. He said this area does not fall within the areas
suggested for commercial. He recommended that they not consider rezoning this to C-2.
Polly Martin said this is presently zoned A-1 and it is less than an acre. She said
there is a liquor store across the street, a bait shop, and other commercial uses in
the area
Planning Consultant Larry Wood said R-1 or R-2 would be reasonable for this property.
Bobbie Jones said this land is presently R-1.
Larry Wood said he would recommend rezoning to R-2. He stated that sewer is available
to the property.
Rita Davis asked Polly Martin if she would be agreeable to R-2 and Polly Martin said
eyes". .
No one was present in opposition.
Vice -Chairman Rita Davis acknowledged a call from Mrs. Joe Fritz who is against
rezoning to C-2, and a call from Mrs. Ida Willis who is also against the rezoning.
Keith Newhouse said he had received a call from Rex Benham who objected to C-2 but
Mr. Newhouse didn't know if Mr. Benham would object to R-2.
Jack Ray said he had a call from Price Jones who objected to C-2, but he didn't know
if he would object to R-2.
Peg Anderson said she felt that with four people objecting they should readvertise it
before rezoning.. to R-2.
Marion Orton questioned if the Planning Commission would have to table this. Ernest
Jacks said if they were going to come back in for the same zoning, they would have to
table it. Jack Ray said he agrees with Peg Anderson that it should be readvertised.
Bobbie Jones said the Zoning Ordinance states that the Planning Commission may approve
a rezoning as requested or in a modified form. If it is denied, no new petition
for rezoning can be considered within 12 months unless there is evidence submitted to
the Planning Commission which justifies consideration.
John Maguire stated that he doesn't consider a phone call a valid objection. Rita
Davis agreed and said she feels most people could come in since the meeting is at 5:00.
Ernest Jacks made a motion to table the rezoning and have Bobbie Jones notify by phone
those who had called in objecting. Peg Anderson seconded the motion.
David McWethy said the agenda will be published in the paper and that would serve as
notification. He asked that the portion of the motion asking Bobbie Jones to phone
the objectors be stricken from the motion so as not to set a precedent.
The vote to table the rezoning passed 6-2, with Ray, Jacks, Anderson, Davis, Nickell,
and Newhouse voting "Aye" and Maguire and Kisor voting "Nay".
The next item for consideration was a duplex Duplex Conditional Use
conditional use request submitted by Lyle LYLE STANTON
Stanton for property located North of Cleburn N of Cleburn $ E of Willow
Street and East of Willow Avenue, property zoned
R-1, Low Density Residential District.
Lyle Stanton was present to represent. He said he plans to build a duplex, live in
one side and rent the other.side. He said he thinks it will enhance the neighborhood
and noted that there are other duplexes about a block away.
Rita Davis acknowledged a letter from Dale Millen who said he is not objecting if
it is a single -story duplex as shown in the photographs that Lyle Stanton sent the
adjacent property owners. Dale Millen showed the Commissioners photographs of what
Lyle Stanton is proposing.
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Planning Commission Meeting
May 9, 1977 -8-
Rita Davis acknowledged a petition signed by 16 area property ownexs.who objected to
the duplex.Richard Fisher was present in opposition. He said Lyle Stanton wouldn't be
living there very long since he is only 21 years old. He said there is a tremendous
problem in the area with parking because of a telephone answering service. He noted
that an appraiser had told him there is $5.00 difference per square foot in property
values for the block they live on and the block the duplexes are on. He said there
are older homes in this neighborhood but they are very well kept. He stated that he
is not against rental. He said he had purchased his home about a month ago and said
he has put $2,000 worth of improvements in it. He stated that two of his neighbors
had put quite a bit of money into improvements also. He said there is a blind corner
there and noted that a lot of the rental property is university students.
Dr James White was also present in opposition stating he had rental property in the
area. He pointed out that the duplexes in the area are adjacent to a commercial zone.
John Maguire questioned why the telephone answering service was located in the area.
Bobbie Jones said it was approved in the 60's as a conditional use by the Board of
Adjustment. Mr. Fisher said they sometimes have 10 or 15 cars parked there. Dr. White
said the answering service was developed as a single-family business and now has grown
into a commercial operation and there is a terrific traffic problem.
Bill Kisor moved to deny the conditional use request. Keith Newhouse seconded the
motion, which passed 7-1, with Ray, Kisor, Jacks, Newhouse, Nickell, Maguire, and Davis
voting "Aye" and Peg Anderson voting "Nay".
The Board of Directors, at their April 5, 1977 STUDY OF DOWNTOWN AREA
meeting requested (a) a study of the entire PARKING REQUIREMENTS FOR C-4
downtown area by the Planning Commission to
determine if other properties in the area should be rezoned to C-4, Downtown District
and (b) to review the parking requirements of the C-4, Downtown District, to determine
whether the requirements are sufficient. This was tabled at the Planning Commission
meeting of April 25, 1977.
Planning Consultant Larry Wood said he is not ready with the study of the downtown area
and asked that it be tabled until June 13.
Vice -Chairman Rita Davis acknowledged the LETTER FROM FAYETTEVILLE
letter from the Fayetteville Pollution POLLUTION CONTROL COMMITTEE
Control Committee dated April 27, 1977
concerning the development on septic tanks along Highway 265 by Lake Fayetteville,
known as Clear Springs Acres.
John Maguire questioned if there has ever been a cost -benefit study done on Lake
Fayetteville. He said he would like to look at some statistics on this. He asked
how many people use the facility and how much it costs the taxpayers to maintain and
operate it.
The meeting was adjourned at 7:00 P. M.
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RESOLUTION PC 22-77
WHEREAS, a public hearing was held by the City Planning Commission,
Monday, April 11, 1977, fifteen (15) days after a sign was erected on the
property and after a notice was published in the Northwest Arkansas Times,
a newspaper of general circulation; and
WHEREAS, after the public hearing, .the Planning Commission voted on
Monday, May 9, 1977, to make a recommendation to the Board of Directors
on the petition of Linda Middlebrook, R77-6 for rezoning;
NOW THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO
THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS.
SECTION 1. That the petition requesting the rezoning of property,
described as follows, from R-1, Low Density Residential to R-2, Medium
Density Residential be denied.
LEGAL DESCRIPTION:
Part of the W1/2, SE', SW;, Section 2, T -16-N, R -30-W, Sth P. M., more
particularly described as follows, to -wit: Beginning at a point .745
feet North and 350 feet East of the SW corner of said 20 acre tract;
thence West 180 feet, thence North 225 feet, more or less, to the
centerline of State Highway 45; thence Northeasterly with the center-
line of said highway 200 feet, more or less, to a point due North of the
beginning point; thence South 320 feet, more or less, to the point of
beginning, and containing 1.15 acres, more or less. Less and Except
40 feet of above described tract now used for road purposes.
SECTION 2. That the rezoning of the above described real estate would not
be presently desirable
PASSED AND APPROVED this
day of , 1977.
APPROVED:
Rita Davis, Vice -Chairman
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RESOLUTION PC 23-77
WHEREAS, a public hearing was held by the Planning Commission, Monday,
May 9, 1977, 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
R77-13, Mildred Sisemore and A. E. Spurlock.
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 P-1, Institutional District to C-2, Thoroughfare Commercial District,
said real estate
LEGAL DESCRIPTION:
Part of the SE', SE;, Section 17, T -16-N, R -30-W, described as
follows, to -wit: Beginning at a point which is 792 feet east and 772
feet South of the Northwest corner of said 40 acre tract, and running
thence West 111 feet, thence South 218 feet, more or less, to the North
line of U. S. Highway 62; thence East with the North line of said
highway, 111 feet to a point due South of the beginning point, thence
North 218 feet, more or less, to the point of beginning.
SECTION 2. That the above described property be rezoned from P-1,
Institutional District to C-2, Thoroughfare Commercial District, so that
the petitioner may develop property accordingly.
PASSED AND APPROVED this day of , 1977.
APPROVED:
Rita Davis, Vice -Chairman
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RESOLUTION PC 24-77
WHEREAS, a public hearing was held by the Planning Commission, Monday,
May 9, 1977, 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
R77-14, Robert Mhoon.
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-1, Low Density Residential District to R-2, Medium Density Residential
District, said real estate
LEGAL DESCRIPTION:
Part of the NW;, NE;, Section 23, T -16-N, R -30-W, and more particularly
described as follows: Beginning at a point which is 20 feet East and
298 feet South of the Northwest corner of said forty acre tract, and
running, thence East 120 feet; thence South 285 feet, more or less,
to the centerline of State Highway No. 16; thence South 88° 50' West
120 feet to a point due South of the beginning point; thence North 285.5
feet to the place of beginning.
SECTION 2. That the above described property be rezoned from R-1,
Low Density Residential District to R-2, Medium Density Residential District,
so that the petitioner may develop property accordingly.
PASSED AND APPROVED this day of , 1977.
APPROVED:
Rita Davis, Vice -Chairman