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HomeMy WebLinkAbout1977-08-15 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was August 15, 1977, in the Board of Directors Room, City Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman held at 5:00 P. M., Monday, Administration Building, Chairman John Power, Vice -Chairman Ernest Jacks, Jack Ray, Bill Kisor, Rita Davis (arrived 5:10), Donald Nickell, Keith Newhouse. Peg Anderson, John Maguire. Bobbie Jones, Angie Medlock, David McWethy, Carter Schell, Scott Van Laningham, J. C. Rucker, Danny Thomas, Frank Blew, Jim Lindsey, Loris Stanton, Ken Jones, J. E. McClelland, Ervan Wimberly, Helen Edmiston, Claude Prewitt, Ann Sugg, Bill Lazenby, Grover Thomas, Mrs. John Lineberger, John Webb, Bud Mills, Bob Blackston, Dr. Glenn Fincher, Bryce Davis, Don Peak, Roy Bruce Baker, Edna Baker, Tina Shepard, Mrs. Wayne Coffin. John Power called the meeting to order. The minutes of the July 25, 1977 Planning Commission were MINUTES approved as mailed. The second item for discussion was the approval of the Final Plat of Rolling Meadows, Final Plat Phase II, located north of Rolling Hills Drive and between Sheryl Avenue and Old Missouri Road; Realty Development Company, Inc., developers. J. C. Rucker, Mickle-Wagner $ Associates, was present to represent. Bill Kisor said the Subdivision Committee had looked at this. He said there was a question about whether to require sidewalks on Loxley between the subdivision and Harold Street. He said personally he didn't feel they need to extend the sidewalk. He noted that the street light spacing on .Cortland Street needs to be waived to 350 feet in one instance and 310 feet in another instance. He said they would need to provide the City with a contract, designate the "Zone A" flood plain area on the drainage easement along the east end of the subdivision and noted that the easement along the north is not drawn to::scale. He said two boundary measurements do not correspond to the legal description. He said two measurements wre not drawn to scale. Bill Kisor said Ozarks Electric is asking for an overhang utility easement on Lot 95 to serve Lot 96 and one on Lot 72 to serve Lot 71. Ernest Jacks made a motion to waive the sidewalks on the section of Loxley outside the subdivision and waive the street light spacing in two instances on Cortland Street. Bill Kisor seconded the motion, which was approved unanimously. Bill Kisor made a motion to approve the final plat of Rolling Meadows, Phase II with the following contingencies: 1) the developer provide the City with a contract; 2) designate as "Zone A" flood plain area on the drainage easement along the east end of the subdivision; 3) the easement along the north side be drawn to scale; 4) correct the two boundary measurements which do not correspond to the legal description and correct the two measurements which are not drawn to scale; 5) provide the overhang utility easement on Lots 95 and 96 and Lots 71 and 72. Donald Nickell seconded the motion. Bobbie Jones said the Board of Adjustment did waive the minimum lot width for Lots 80, 81, and 82 on the cul-de-sac but attached a condition that the setback line be 40 feet so they would have adequate lot width at the setback line. The motion to approve the final plat passed unanimously. ROLLING MEADOWS, Phase II Planning Commission Meeting August 15, 1977 -2- Next was the approval of the Informal WHITE RIVER HOMESTEAD ESTATES Plat of White River Estates located on Informal Plat the east side of Harvey Owl Road north of Highway 16 East; Danny B. and Evelyn Mae Thomas, developers. Bill Kisor said they would not be able to set two monuments on the west side of Tract 6 because they would be across the road; and also the Planning Commission needs to waive the scale to permit a scale of 1" = 300'. Keith Newhouse made a motion to approve the informal plat of White River Homestead Estates with 1) waive the scale to permit 1" = 300' and 2) the two monuments on the west of Tract 6 not be set. Jack Ray seconded the motion, which passed unanimously. Next was the approval of the final plat of COUNTRY CLUB ESTATES Lots 26 through 38 of Country Club Estates Lots 26 through 38 located northeast of Fayetteville Country Club; The Final Plat Stanton Company, Inc., developers. Grover Thomas was present to represent. Bill Kisor made a motion to approve the final plat of Country Club Estates with 1) a private drive to serve Lots 28 and 29 --the cul-de-sac right-of-way will be retained but there will not be a cul-de-sac constructed; 2) waive the street light spacing in one instance to 390 feet on East Ridge Road; 3) correct the dimension on all lots; 4) indicate iron pins set at points of intersection with the curves; and 5) Country Club Drive will only be constructed to the point of radius on Lot 33 (it will not be constructed all along the south side of Lot 33). Keith Newhouse seconded the motion, which passed unanimously. The fifth item for discussion was the approval of the final plat of Bassett Place located east of Highway 71 North and north of Stearns Road; Johnie and Ora Bassett and Ottis and Winifred Harris, developers. Bill Kisor made a motion to approve the final plat of Bassett Place with 1) the temporary turn -around at the north end of Frontage Road be changed to show an additional 30 feet east and west which would make the turn around 110 feet instead of 50 feet and SO feet north/south; add a note that all but 50 feet of this east/west dimension would revert back to the property owners when the street is extended; 2) need a letter to Wally Brt to allow the sanitation trucks to go onto private property to Lots 5A, 6A, and 7A; 3) lable the 25 -foot on the east side of Frontage Road as utility easement; 4) the Planning Commission waive the distance on the jog between Frontage Road and the bypass access road; 5) furnish a contract or bond to the City; 6) show the scale and date; and 7) add a note prohibiting driveway access to Highway 71 and Stearns Road. Jack Ray seconded the motion, which passed unanimously. BASSETT PLACE Final Plat wy 71 $ Stearns Rd. The sixth item for consideration was the approval of SUNSET WOODS the preliminary plat of Sunset Woods, a Planned Unit Planned Unit Development Development located west of Sunset Avenue and south Preliminary Plat of North Street; Sugg -Bowen Enterprises, Inc., developers. Ervan Wimberly and others were present to represent. Ervan Wimberly said they are not asking for approval of the preliminary plat now. They asked to table the preliminary plat until the next meeting. Ervan Wimberly said this was originally planned as a Planned Unit Development with private streets. He said there was now a question as to whether they could build a house on a private street. He said if they cannot, they would like the Planning Commission to waive the width of the public street to permit a 20 or 24 foot wide Planning Commission Meeting August 15, 1977 pavement instead of the 31 feet pavement required in the Subdivision Regulations. He said the street right-of-way .will need to be narrow or the setback reduced because they have a problem with the terrain. The street will be constructed to City standards with curb and gutter, etc. Chairman Power asked that City Attorney McCord check, before the next meeting, to see if they can build on private streets. Ervan Wimberly said they would like to provide a through street on Oak -Lewis for fire protection, police, etc. He said the people in the neighborhood don1t want them to connect Cedarwood and Eva. He noted that they could build two culs-de-sac there back to back but they would only have 50 feet frontage on Lots 3 and 5. Chairman Power acknowledged the following letter from William Bonner: MEMORANDUM Fayetteville City Planning Commission Fayetteville, Arkansas Subject: Proposed Plat for Sunset Woods A Planned Unit Development A Planned Unt.t Development must meet the requirements of Article 8, Section 12 of the city's zoning regulations as well as the requirements of the subdivision regulations. It is our opinion that the requirements for a planned unit development must be satisfied prior to the filing of an application for preliminary plat approval. Article 8, Section 12, Paragraph (F) of the Zoning Regulations states, in part, the following: Before any zoning permit or building permit is issued for land or a building or a planned development, the developer shall obtain approval by the Planning Commission of an over-all plan for develop- ing the land. For this purpose he shall submit to the Planning Commission a plan prepared by a recognized land planner or a registered architect which: Shall define the location of the areas to be devoted to specific uses; Shall Shall Shall Shall (1) (2) (3) (4) (5) state the set forth include a include a open recreation other public or If the plan is approved by the Planning Commission, the developer shall thereafter submit a detailed plan, containing all the information required for any part or section of the land for which he expects to seek subdivision approval in the immediate future. acreages to be devoted to specific uses; the proposed density of dwelling units; street plan and a public utility plan; and separate plan showing the location of parks, areas and other open spaces, schools and community uses. We have no evidence that the procedure and the requirements set forth • above have been complied with by the developer. Planning Commission Meeting August 15, 1977 -4- It is our understanding that the developer intends that Fowler and Cedarwood Avenues would be the only public streets within the proposed subdivision. We do not find in the zoning regulations any reference to private streets or to streets being considered a portion of the community open space. In fact we find that Article 8. Section 7 states that every building "shall be on a lot adjacent to a public street." We see a legal question for the city. Do the city's subdivision regula- tions and standards apply only to publicly dedicated streets in a subdivision or do they also apply to private streets? We believe the city's regulations apply to all streets, whether public or private. If required standards are not applied to private streets, developers could utilize the device of private streets as a means to undertake street developments that do not meet citystandards. This would be subverting the intent of subdivision • regulations which is to establish minimum standards of development. We do not find any indication in the regulations for a Planned Unit Development that the city intended the developer to be exempt from any requirements pertaining to improvements. The procedure and requirements for a Planned Unit Development cited previously must be adhered to and the detailed plan for the development, including not only the physical aspects but also the maintenance of the common open spaces, must be approved by the Planning Commission prior to any approval of the preliminary plat as required in the subdivision regulations. From the information available to us, the developer has failed to provide certain specific information required by the subdivision regulations. These include: five foot contour intervals, a general drainage plan, information on location and size of proposed utility lines and protective covenant. We believe that the nature of the terrain is such that adequate planning can not be achieved without five foot contour intervals. If a Planned Unit Development concept is to be followed, the plan should indicate sittings of Planning Commission Meeting August 15, 1977 all buildings as well :s to the prohlem of storm the subdivision as well plans for the water drainage as from without Lommon areas. Ive also call attention - both from water originating within Based on the topographic information provided, the plan appears to be feasible. Lewis Lane may have a grade in excess of 7% on the south portion, which is acceptible for a local street. However, the street may carry considerable storm water southward which will need to be properly handled so as not to adversely affect the adjacent property on the south side of the proposed subdivision. The only design feature of the proposed subdivision to which we object strenuously is the connection of Cedarwood and Eva Avenues. We believe it is more feasible and desireable that lots 4 and 6 be served from an extention of the present cul de sac on Cedarwood and that lots 3 and 5 be served from an extended cul de sac of Eva. We also call attention to the situation that currently exists on Cedarwood Avenue. The street and its drainage appear to be misaligned to the west. This situation would need to be corrected prior to any development which requires access and drainage improvements within the subdivision. 714 4/ C <.., 8/14/77 • • • Planning Commission Meeting August 15, 1977 -6- Chairman Power also acknowledged a petition with all except one residential owner in the neighborhood's signature. Ernest Jacks asked why they object to tying Eva and Cedarwood as through streets. Mr. Bonner said they don't want the traffic and traffic problems. William Bonner said the Commission has to recognize that it is the intent of the subdivision regulations to establish requirements for subdivisions in the City. He said the waiving of those requirements because it is a public or private street is a subvention of having the regulations. Mrs. John Lineberger, Cedarwood, said the problems she is concerned about are traffic control and drainage. John Webb, 800 Cedarwood was also concerned about drainage. He was afraid it would provide a natural drainage channel onto his property. Rita Davis said she doesn't feel a 20 -foot wide street would be wide enough. Ervan Wimberly said they may go to a 24 -foot wide street. He said if they have a 30 -foot street in a 50 foot right-of-way and a 25 -foot building setback they couldn't use the land because of the shelf which is only 100-150 feet wide. Ernest Jacks made a motion to table this preliminary plat until August 29 with City Attorney Jim McCord to review the Planned Unit Development regulations and advise if a Planned Unit Development may have private streets. At that time the Planning Commission is to rule on whether, to waive street width if it is to be a public street and whether to delete the street connection between Cedarwood and Eva Avenues. Donald Nickell seconded the motion, which passed unanimously. The next item for discussion was the public REZONING PETITION R77-22 hearing on Rezoning Petition No. 77-22, Ken Ken Lazenby Lazenby to rezone property located south of Old Missouri Road Zion Road and west of Old Missouri Road from R-1, Low Density Residential District to R-2, Medium Density Residential District. This item was tabled at the July 11, 1977 meeting. Bill Lazenby and Attorney Bud Mills were present to represent. Chairman Power said he would have to abstain from voting because he owns property in the area. Chairman Power noted the recommendation by Planning Consultant Larry Wood which said The requested R-2 District is not recommended at this time. The northeast part of Fayetteville is experiencing a great deal of development pressure and much of the development is taking place without full utility services. Sewer facilities are about 4000 feet south of this property and could not economically be extended for this development. Each development that goes on septic tank puts the possibility of sewer extension just that much further away. Until a full range of facilities can be provided more intensive development is not recommended. Note: The R-2 District zoning that surrounds this property on the north, west, and south was done in 1971, and the recommendation was made on the basis that a planned unit development would be processed including sewer extension. The request now before the Commission would not require a large scale development plan. Bud Mills said this is a very small tract of land. The property to the north is R-2 and is already developed. The property to the west and north can be developed with multi -family units at any time He said it is not economically • • • Planning Commission Meeting August 15, 1977 -7- feasible to develop this with single-family because they only have half an acre of land and could not get the market value for a single-family home in the middle of multi -family. He said they are not asking for "spot zoning" --they are asking for a spot to be rezoned to be consistent with the area. He said the owner would probably develop this as single-family if he could not do otherwise; but'itwould not be economically feasible. He said he would probably be willing to have this rezoned with the condition that he will not develop multi -family until sewer becomes available Bobbie Jones noted that they could not attach a condition to a rezoning but the property owner could willingly submit a Bill of Assurances stating that he would not develop with multi -family until sewer is available and it would be binding with the land. No one was present in opposition. Jack Ray acknowledged a letter in opposition from Liallies Hasler who owns the adjoining A-1 parcel. She said she is "very much against any type of rezoning". Keith Newhouse made a motion to recommend approval of the rezoning with a Bill of Assurances being provided to the City, saying that they will connect onto sewer when it becomes available and that there will be no development other than R-1 development without sewer. Donald Nickell seconded the motion, which passed 6-0-1, with Ray, Kisor, Davis, Jacks, Nickell and Newhouse voting "Aye" and Power abstaining. The eighth item for discussion was the public hearing on Rezoning Petition No. R77-28, Enoch Bailey to rezone property located east of Old Missouri Road REZONING PETITION R77-28 Enoch Bailey Joyce Street and north of Joyce Street from A-1, Agricultural District to R-1, Low Density Residential District. Bob Blackston, Homestead Realty, was present to represent. He said they need to get the property rezoned so the owner can build a residence on each of the two lots without having the 200 feet frontage for each required in the A-1 district. Chairman Power acknowledged Larry Wood's planning report which says he is not in favor of granting this rezoning because 1. The area lacks sufficient water and sewer facilities to support an urban density potential, 2. Approval of the application will establish more precedent for development without sewer facilities, development with insufficient water to fight fires and move the day these facilities will be provided further away. Donald Nickell questioned how the purchaser of the property Bob Blackston said there would be approximately 6 acres per Dr. Glen Fincher, 2100 Green Acres Road, said he would plan one 6 -acre lot and would hope someone would buy the other 6 home but he couldn't assure the Commission of that. Bobbie Jones said she had suggested they go the tandem lot route. She said a tandem lot is not limited by zoning district. The lot behind the tandem lot would only have 70 feet frontage so he needs to get it rezoned to R-1, Low Density Residential District. If the property remains A-1, they would need 200 feet frontage for the back lot. Bill Kisor questioned if they could tie on to City water and Mr. Fincher said he had checked with the water department and they said he could. plans to develop it. lot. to build a home on acres and build one • • • Planning Commission Meeting August 15, 1977 -8- Chairman Power asked if they would be willing to submit a Bill of Assurances that they would tie on to sewer when it became available and Mrs. Fincher questioned if the 6 acres would not be adequate for a septic tank. Donald Nickell made a motion to grant the rezoning. Ernest Jacksseconded the motion, which passed unanimously. Next for discussion was the conditional use request for a tandem lot submitted by Enoch Bailey for property located East of Old Missouri Road and north of Joyce Street. Chairman Power questioned if they could approve the tandem lot on the A-1 property. Bobbie Jones said the owner could develop the tandem lot in A-1, but could not develop the back portion of the property without rezoning to R-1, because he wouldn't have adequate frontage. Ernest Jacks made a motion to approve the tandem lot request for Enoch Bailey. Donald Nickell seconded the motion, which passed unanimously. ENOCH BAILEY Tandem Lot Joyce Street The next item for consideration was the public hearing on Rezoning Petition No. R77-29, James E. Lindsey to rezone property located north of Poplar Street and between Birch and Chestnut Avenues from R-2, Medium Density Residential District to I-1, Heavy Commercial and Light Industrial District. Jim Lindsey was present to represent. Mr. Lindsey said that Skull Creek is the dividing point --all the land on the east side of the creek is designated as industrial and the property to the west of the creek is designated as R-2. He said he is trying to get the property in line with the Land Use Plan. .; Chairman Power asked why he was going from R-2 to I-1 without some other considerations and Jim Lindsey said he was going with what Planning Consultant Larry Wood felt it should be. No one was present in opposition. Keith Newhouse made a motion to approve Rezoning Petition No. R77-29. Jack Ray seconded the motion, which passed unanimously. REZONING PETITION R77-29 James E. Lindsey Poplar Street The next item for discussion was the public hearing on Rezoning Petition No. R77-30, Bryce J. Davis for Frank Lynch and Frank Krupa to rezone property located west of Highway 71 Bypass and North of Highway 62 West from A-1, Agricultural District to R-2, Bryce J. Davis was present to represent. Bryce Davis presented drawings of the proposed bypass access road, which will go from Old Farmington Road to Highway 62 West. He felt all of the land along the bypass needs R-2 or some kind of buffer from the residential. He said if the Planning Commission doesn't rezone all of the property, he would like them to consider rezoning the east 600-700 feet. Some of the property owners in the area were concerned about the road and Bryce Davis assured them that when the plan is developed, they will have to have proper access to the development. Bill Kisor asked what they are planning to use the property for and Bryce Davis said they are proposing a mobile home park. Don Peak, Old Farmington Road, owns property adjacent to this. He was concerned about the road and also about the drainage flowing to the east. Roy Bruce Baker, 2975 Old Farmington Road, said he feels the property should stay zoned A-1. He stated that there are no roads or sewer to the property and said he feels there should be some "green land" around the perimeter of Fayetteville. REZONING PETITION R77-30 Bryce J. Davis Hwy. 71 Bypass $ Hwy 62 W Medium Density Residential District. • Planning Commission Meeting August 15, 1977 -9- Bryce Davis pointed out that if they leave the property as A-1, they could run livestock on it. He said the developer knows if he develops it, he will have to put an adequate road in. Bobbie Jones said that no development at all can be built on the bypass without the approval of the Planning Commission. Ernest Jacks said he would like to see an overall plan of how they would like to rezone and show a buffer zone. Edna Baker, 2975 Old Farmington Road, reminded the Planning Commission that this area has still retained a rural character. She said they are talking about a large number of people on an odd -shaped piece of land among about 70 people in the neighborhood now. She felt the Planning Commission should consider the impact on the neighborhood. Ernest Jacks made a motion to table this matter so that the developer can submit an overall plan. Keith Newhouse seconded the motion. Chairman Power said he would like to see an alternative rezoning showing buffering. Bill Kisor said he is not sure he will be in favor of any rezoning without adequate streets into the area. Rita Davis and Donald Nickell agreed. Penny Shepard, corner of One Mile Road and Old Farmington Road, said she would not be opposed to the development but said she has a big problem with the dust from the roads. The vote was unanimous to table the petition. Bobbie Jones advised Mr. Davis this must be acted upon within 45 days. The eleventh item for discussion was the public hearing on Rezoning Petition No. R77-31, Mathias Real Estate Partnership (John A., James I., Berniece J., and Sam H Mathias) to rezone property located west of Easy Avenue and north of Poplar Street from R-1, Low Density Residential District to R-2, Medium Density Residential District. Chairman Power noted the following recommendation by Planning Consultant Larry Wood: The adopted General Plan recommends medium density residential, however, several years ago the Commission reviewed a recommen- dation and concurred that the area west of the railroad tracks, east of Skull Creek, north of North Street and south of Town- ship Road would provide a convenient and close -in light indus- trial area. Since then the Commission has recommended rezoning to I-1 District on several tracts and substantial development has followed. This request for R-2 District is not compatible with the developing light industrial character of this area and is therefore not recommended for approval. Residential development should be convenient to industrial areas but not mixed in with them. REZONING PETITION R77-31 Mathias Real Estate Partnership Easy Avenue Chairman Power felt they should table this until someonecould be present to represent. Donald Nickell said he had gone down and looked at the property and he felt R-2 would be the right zoning for the area. Ernest Jacks said he would like to talk to Planning Consultant Larry Wood on his recommendation. Bill Kisor made a motion to table this until the meeting on August 22, 1977. Ernest Jacks seconded the motion, which passed unanimously. • • Planning Commission Meeting August 15, 1977 -10- Next was a conditionaluse request for a mobile home park submitted by Bryce J. Davis for property located West of Highway 71 Bypass and north of Highway 62 West. The MOBILE HOME PARK Conditional Use Bryce J. Davis property is being rezoned under Petition No. R77-30. If the request for the mobile home park is approved, it should be conditioned upon receiving rezoning from the Planning Commission and the Board of Directors. This item was tabled on a motion by Mr. Jacks, seconded by Mr. Ray, until the developer brings back a preliminary plan showing the zoning. The next item for discussion was the DUPLEX CONDITIONAL USE REQUEST conditional use request for a duplex Mrs. Wayne Coffin submitted by Mrs. Wayne Coffin for Cato Springs Road property located North of Cato Springs Road and east of Garland Avenue, property zoned R-1, Low Density Residential District. Mrs. Wayne Coffin was present to represent. Mrs. Coffin said she wants to add on to her existing house to build an apartment for her mother. Claude Prewitt said he felt this would enhance the area. He said it will be a very appearling house and will look nice. He said he has a duplex conditional use across the street from this property. There was no one present in opposition. Bill Kisor made a motion to approve the conditional use. Ernest Jacks seconded the motion, which passed unanimously. Next was the proposal to amend the AMENDMENT TO PLANNING COMMISSION Planning Commission's By-laws to BY-LAWS require five (5) affirmative votes to grant a conditional use request. Ernest Jacks made a motion to add this to the Planning Commission by-laws. Keith Newhouse seconded the motion, which passed unanimously. The last item was the appointment of a committee APPOINTMENT OF COMMITTEE to study and make a recommendation on a) green space in subdivisions, and b) creation of an "offices" only zone. Chairman Power asked that this be put back on the agenda for August 22, 1977. There being no further business, the meeting was adjourned at 7:10 P. M. • • • RESOLUTION PC 42-77 WHEREAS, at its regular meeting on Monday, August 15, 1977, the Planning Commission voted to approve the final subdivision plat dated 19 , known as Rolling Meadows, Phase II, submitted by Realty Development Co.; and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that Ernest R. Coleman 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 RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF FAYETTEVILLE, 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 Planning Commission of Fayetteville, Arkansas, hereby approves the final plat along with the land dedicated for streets and other public uses in the Fox Hunter's Estates Subdivision described as follows: LEGAL DESCRIPTION: Part of the North Half of the Northwest Quarter of Section 36, T -17-N, R -30-W, Fayetteville, Washington County, Arkansas, being a _ part of Blocks 3, 4, and 7 of Stubblefield Addition, and being more particularly described as follows: Commencing on the West line 81.5 feet South of the Northwest corner of said Section 36, said point being the Southwest corner of Lot 1, Block 5 of Stubblefield Addition, dated April 4, 1966; thence S 88° 21' E, 1320 feet to the Southeast corner of Lot 3, Block 7 of said Stubblefield Addition for a Point of Beginning; thence S 88° 21' E, 722.8 feet to the Northwest corner of Lot 35 Rolling Meadows, Phase I as filed October 20, 1976; thence S 01° 08' W, 184.6 feet along the Northerly Boundary of said Rolling Meadows, Phase I; thence S 050 56' W, 300.0 feet along said Northerly Boundary; thence S 10° 24' W, 129.0 feet along said Northerly Boundary; thence N 88° 30' W, 365.1 feet along said Northerly Boundary; thence N 78° 25' W, 310.6 feet along said Northerly Boundary; thence N 88° 21' W, 280.7 feet along said Northerly Boundary; thence N 01° 39' E, 278.9 feet; thence N 88° 21' W 435.6 feet, thence N 01° 39' 280.0 feet to the South line of Block 2, said Stubblefield Addition, thence S 88° 21' E 705.0 feet along said South line to the Point of Beginning. Containing 16.05 acres, more or less. PASSED AND APPROVED this day of , 1977. APPROVED: John Power, Chairman • • RESOLUTION PC 43-77 WHEREAS, at its regular meeting on Monday, August 15, 1977, the Fayetteville Planning Commission voted to approve the informal subdivision plat dated , 19 , known as White River Homestead Estates submitted by Daniel B. Thomas, NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City Planning Commission of Fayetteville, Arkansas, hereby approves the final plat along with the land dedicated for streets and other public uses in the White River Homestead Estates Subdivision described as follows: LEGAL DESCRIPTION: Part of Section 17 in Township 16 North of Range 29 West, and being more particularly described as follows: to -wit: Beginning at the Northwest Corner of the Southeast Quarter of the Northwest Quarter of said Section 17, and running, thence East 2305.42 feet to the centerline of White River, thence along said river centerline the following bearings and distances: S 27° 0' E 299.12 feet, S 24° 47 E 278.55 feet, S 050 01' E 229.42 feet, S Ola 57' E 249.16 feet, S 03° 06' W 349.82 feet, S 120 16' W, 292.91 feet, S 120 16' W 4.12 feet, S 29° 07' W 374.47 feet, S 340 19' W 319.46 feet, S 430 03' W 2.21 feet, S 430 03' W 441.13, feet, S 38° 35' W 425.35 feet, S 17° 47' W 4.45 feet, S 17° 47' W 528.03 feet, S 18° 15' W 81.09 feet, S 19° 16' W 115.39 feet, S 39° 50' W 135.87 feet, S 840 37' W 102.75 feet, N 88° 13' W 101.35 feet, S 89° 09' W 229.48 feet, S 70° 02' W 239.16 feet, S 43° 39' W 52.21 feet, S 67° 31' W 245.91 feet, S 86° 16' W 282.16 feet to the South line of the Southeast Quarter of the Southwest Quarter of Said Section 17, thence West along said forty line 58.01 feet to the Southwest Corner of last said forty acre tract, thence North 792.0 feet, thence West 148.5 feet, thence North 879.45 feet, thence East 148.5 feet, thence North 1150.83 feet, thence East 464.5 feet, thence North 468.6 feet, thence West 74.50 feet, thence North 285.87 feet, thence West 360.0 feet to the West line of the Southeast Quarter of the Northwest Quarter of said Section 17, thence N orth along said forty line 345.87 feet to the point of beginning, containing 179.05 acres, more or less. Subject to that portion contained in County Road right of way along the west side of herein described tract. PASSED AND APPROVED this day of , 1977. ATTEST: Keith Newhouse, Secretary APPROVED: John Power, Chairman • • • • RESOLUTION PC 44-77 WHEREAS, at its regular meeting on Monday, August 15, 1977, the Planning Commission voted to approve the final subdivision plat dated 19 , known as Country Club Estates submitted by The Stanton Company; and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that The Stanton Company 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 PLANNING COMMISSION OF THE CITY OF FAYETTEVILLE, 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 Planning Commission of Fayetteville, Arkansas, hereby approves the final plat along with the land dedicated for streets and other public uses in the Country Club Estates Subdivision described as follows: LEGAL DESCRIPTION: A part of the Northwest quarter of the Southwest quarter of Section 27, T -16-N, R -30-W, being more particularly described as follows: Beginning at a point which is N 87° 11' 20" W 337.73 feet from the Southeast corner of the NW4 of the SW;, Section 27, T -16-N, R -30-W; thence N 2° 48' 40" E 318.03 feet; thence N 28° 00' 00" E 127.96 feet; thence N 57° 05' 00" E 353.07 feet; thence N 03° 06'4O'E'207.93 feet; thence N 70° 08' 30" W 339.85 feet; thence N 44° 47' 00" W 157.04 feet; thence S 28° 00' 00" W 265.53 feet; thence S 62° 00' 00" E 49.32 feet; thence S 28° 00'0" W397.32 feet; thence S 06° 08' 18" W 238.06 feet; thence S 02° 48' 40" W 195.00 feet; thence S 87° 11' 20" E 350.00 feet to the point of beginning. PASSED AND APPROVED this DAY OF , 1977. APPROVED. John Power, Chairman • • • • RESOLUTION PC 45-77 WHEREAS, at its regular meeting on Monday, August 15, 1977, the Planning Commission voted to approve the final subdivision plat dated 19 , known as Bassett Place submitted by Johnie $ Ora V. Bassett and Ottis P, Winifred Harris; and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that Johnie P, Ora V. Bassett and Ottis & Winifred Harris 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 RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF FAYETTEVILLE, 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 Planning Commission of Fayetteville, Arkansas, hereby approves the final plat along with the land dedicated for streets and other public uses in the Bassett Place Subdivision described as follows: LEGAL DESCRIPTION: Part of the SE' of the SES of Section 23 and part of the NE; of the NE1 of Section 26, Township 17 North, Range 30 West, being more particularly described as follows: Beginning at a point which is S 89° 08' 13" W.724.44 feet from the Southeast corner of said Section 23 and running thence S 0° 48' 49" E 139.62 feet; thence S 89° 14' W 211.06 feet to the East right-of-way of U. S. Highway 71; thence N 1° 02' 25" W 39.64'. along said right of way; thence N 82° 27' 47" W 176.70 feet along said Highway right-of-way; thence N 51° 27' 28" W 162.0 feet along said Highway right-of-way; thence N 0° 07' 15" E 36.70 feet along said right-of-way thence N 88° 26' E 136.70 feet; thence N 1° 11' W 162.00 feet; thence S 88° 26' W 136.70 feet to the East right-of-way of U. SI Highway 71; thence N 1° 07''46" W 151.80 feet along said right-of-wT thence N 3° 48' E 101.20 feet along said right-of-way thence N 89 08' 13" E 654.45 feet; thence S 0° 48' 49" E 420.00 feet; thence'N 89° 08' 13" W 150.00 feet; thence S 0° 48' 49" E 60.38 feet to the Point of Beginning, containing 7.66 acres, more or less, City of Fayetteville, Washington County, Arkansas. PASSED AND APPROVED this day of , 1977. ATTEST. Keith Newhouse, Secretary APPROVED: John Power, Chairman • • • • RESOLUTION PC 46-77 WHEREAS, a public hearing was held by the Planning Commission, Monday, August 15, 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 R77-22, Ken Lazenby. 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 Southwest quarter (SW;) of the Southeast quarter (SE') of Section Twenty-four (24) in Township Seventeen (17) North of Range Thirty (30) West, and being more particularly described as follows, to -wit: Beginning at a point which is 612.23 feet North and 142.45 feet East of the Southwest corner of said 40 -acre tract, thence along an existing fence line North 1 degree 03 minutes West 126.50 feet, thence along an existing 'fence line South 80 degrees.43 minutes East 211.50 feet to the West right-of-way of the Old Missouri Road, thence along said right-of- way South 18 degrees 13 minutes West, 109.44 feet to the intersection of an existing fence line, thence along said fence line, North 86 degrees 09 minutes West 172.50 feet to the point of beginning, containing in all 0.513 acres exactly. SECTION 2. That the above Low Density Residential District District, so that petitioner may PASSED AND APPROVED this described property be rezoned from R-1, to R-2, Medium Density Residential' develop property accordingly. day of , 1977. APPROVED: John Power, Chairman • • • RESOLUTION PC 47-77 WHEREAS, a public hearing was held by the Planning Commission, Monday, August 15, 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 R77-28, Enoch Bailey. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That an ordinance be adopted for the purpose of rezoning from A-1, Agricultural District to R-1, Low Density Residential District, said real estate. LEGAL DESCRIPTION: Part of the NE;, NE4, Section 25, T -17-N, R -30-W, being more particularly described as beginning at the Northwest corner of said 40 acre tract and running thence East 562 feet; thence South 1320 feet; thence West 95 feet; thence North 467 feet; thence West 467 feet; thence North 853 feet to the place of beginning, containing 12 acres more or less. SECTION 2. That the above described property be rezoned from A-1, Agricultural District to R-1, Low Density Residential District, so that petitioner may develop property accordingly. PASSED AND APPROVED this day of , 1977. APPROVED: John Power, Chairman • RESOLUTION PC 48-77 WHEREAS, a public hearing was held by the Planning Commission, Monday, August 15, 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 R77-29, James E. Lindsey. 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-2, Medium Density Residential District to I-1, Heavy Commercial and Light Industrial District, said real estate. LEGAL DESCRIPTION: Lots Numbered Eight (8) and Nine (9), BLock numbered Four (4), Parker's Plat of Valley View Acres, as per plat on file in the office of the Circuit Clerk of Washington County, Arkansas. SECTION 2. That the above described property be rezoned from R-2, Medium Density Residential District to I-2, Heavy Commercial and Light Industrial District, so that petitioner may develop property accordingly. PASSED AND APPROVED this day of , 1977. APPROVED: John Power, Chairman