HomeMy WebLinkAbout1977-10-25 MinutesMINUTES OF A PLANNING COMMISSION MEETING
. A meeting of the Fayetteville Planning Commission was held on Tuesday, October 25,
1977, at 5:00 P. M., in the Board of Directors Room, City Administration Building,
Fayetteville, Arkansas.
MEMBERS PRESENT: Chairman John Power, Ernest Jacks, Keith Newhouse, John Maguire,
Bill Kisor, Peg Anderson.
MEMBERS ABSENT:
OTHERS PRESENT:
Jack Ray, Rita Davis, Donald Nickell.
Bobbie Jones, Angie Medlock, David McWethy, Larry Wood, Scott
Van Laningham, Pete Petty, Steve Krysowaty, Mel Milholland,
Neal Albright, Jim Lindsey, Phyllis Johnson, Johnny Dockery,
Lynn Wade, Bryce Davis, Danny Thomas, Harold McKinney, Irving
Zisner, Jim Bob Wheeler, and other unidentified persons.
Chairman John Power called the meeting to order.
Their being no corrections or additions, the minutes of MINUTES
the October 10, 1977 Planning Commission meeting were
approved as mailed.
The first item for consideration was the waiver
of setback of non-residential use in R -zone, for
Sang Avenue Baptist Mission located at 1425
North Sang Avenue. The Church is not fully
SANG AVENUE BAPTIST MISSION
1425 North Sang Avenue
Waiver of Setback Requirement
air-conditioned and this requires a 100 foot setback, the gymnasium is not fully
air-conditioned and this requires a 200 foot setback, the proposal for the multi-
purpose building, 50 feet from the north property line and 100 feet from the
west property line.
Pete Petty was present representing the Church.
Mr. Jacks said the Subdivision Committee approved this large scale development
plan based on four contingencies: 1) provide the needed 25 foot right-of-way
from the centerline of Sang; 2) bring their half of the street along their property
up to current city standards; 3) provide the required screening; and 4) this
approval be subject to the Planning Commission waiver.
Mr. Jacks felt their only concern about approving the waiver for the setback was
notifying the adjoining property owners. Peg Anderson felt the adjoining property
owners should be notified if the developer is not going to develop this according
to the Zoning Ordinance. Bobbie Jones said this plan is very close to the plan
which they submitted when they applied for the conditional use and the adjoining
property owners had been notified at that time.
Bill Kisor made a motion to approve the waiver for the setback from other residentially
zoned property. John Maguire seconded the motion, which passed unanimously.
The second item for consideration was the MILLER ADDITION
approval of the Final Plat of Miller Addition, Final Plat
located North of Willoughby Road, Arthur Miller, North of Willoughby Road
developer.
Steve Krysowaty and Mel Milholland were present to represent.
Ernest Jacks made a motion to approve the final plat and to waive the sidewalks
and street lights and asked that they label the tandem lot drives as "Private
Drive and Utility Easement". Bill Kisor seconded the motion, which passed unanimously.
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Planning Commission Meeting
October 25, 1977 -2-
Next was the approval of the final plat of
Clear Creek Acres, located Northeast of
Lake Fayetteville; Jim Lindsey, Developer.
The plat has already been approved by
the Springdale City Planning Commission and by the Washington
Jim Lindsey and Neal Albright were present to represent.
Ernest Jacks made a motion to approve the final plat of Clear Creek Acres. Keith
Newhouse seconded the motion which passed 5-1, with Power, Jacks, Newhouse, Kisor,
and Maguire voting "Aye" and Anderson voting "Nay".
CLEAR CREEK ACRES
Final Plat
NE of Lake Fayetteville
County Planning Board.
The fifth item was the public hearing on
Rezoning Petition No. R77-38, Dr. John
Daniel Andre, to rezone property located south
of Highway 45 and West of Highway 265, from R-1,
Low Density Residential District to C-1, Neighborhood Commercial District. Petitioner
submitted proposed "Bill of Assurances".
No one was present to represent, so the Commission decided to come back to this item
later in the meeting.
REZONING PETITION NO. R77-38
Dr. John Andre
Highway 45 F, Highway 265
The sixth item for consideration was the
public hearing on Rezoning Petition No.
R77-14, Johnny Dockery, to rezone property
located North of Highway 16 East, and east of
Dockery Lane, from R-1, Low Density Residential District
Residential District.
Johnny Dockery was present to represent.
Mr. Dockery said he would like to build a four-plex on the property if he can get
it rezoned.
Ernest Jacks asked if he would have to dedicate Dockery Lane as a city street and
Bobbie Jones said he would not have to dedicate it if the property is less than
an acre. John Maguire asked if this is paved and Mr. Dockery said "no".
Mr. Dockery said he built the road and it is gravel.
Bobbie Jones said the Planning Office will consider this as a city street without
dedication up to the point where the road serves next to the last house on the
road, since it serves a multiplicity of houses.
No one was present in opposition.
Ernest Jacks made a motion to approve the rezoning. Bill Kisor seconded the
motion
John Maguire questioned if the paving of the road is not an,issue for the
Planning Commission. Bobbie Jones said the improvement of the street would have
to be done at the expense of the property owners. John Maguire asked if the
developer could get a building permit without improving the street and Bobbie
Jones said "yes".
John Power felt that since Mr. Dockery owns the property to the north, they
should not consider improving the road an issue.
The motion to approve, made by Mr. Jacks and seconded by Mr. Kisor passed 6-0.
REZONING PETITION NO. R77-41�
Johnny Dockery
Dockery Lane
to R-2, Medium Density
The seventh item was the public hearing
on Rezoning Petition No. R77-40, Fulbright
Investment -Ayers Furniture, to rezone
property located on the south side of
Highway 62 and Razorback Road, from I-1, Heavy Commercial
R-2, Medium Density Residential District, to I-2, General
Attorney Lynn Wade was present to represent.
Chairman John Power acknowledged the following letter from
REZONING PETITION No. R77-40
Ayers Furniture
Razorback Rd. $ Hwy. 62
and Light Industrial and
Industrial District.
Lynn Wade:
Planning Commission Meeting
October 25, 1977 -3-
IP
WADE, McALLISTER. WADE & BURKE P A
ATTORNEYS AT LAW
20 E. CENTER STREET
R. 0. BO% 1000
FAYETTEVILLE. ARKANSAS 72701
A. D. MCALLISTER, JR.
LYNN F. WADE
THOMAS B. BURKE
RUDY MOORE. JR.
JOHN R. ELDRIDGE. 111
September 15, 1977
Fayetteville Planning Commission
and
Fayetteville Board of Adjustment
City Administration Building
Fayetteville, Arkansas 72701
Re: Fulbright Investment Company
Petition for Amendment to the Zoning Map
and
Application for Appeal to the Board of Adjustment
Dear Members:
CLIRON WADE
1191049741
521-1411
AREA CODE 501
Reference is made to the Petition for Amendment to the Zoning Map and the
Application for Appeal to the Board of Adjustment pertaining to that real estate which
is located south of Highway 62 West in Fayetteville, Arkansas at the intersection of
Razorback Road. (See survey attached to Petition.)
The tract at issue is presently owned by Fulbright Investment Company and
leased to Ayers Furniture Industries with an option to purchase. The current lease
agreement runs to July of 1979, at which time Ayers may 1) extend the present lease
for five years; 2) exercise an option to purchase; or 3) move the company to Fort
Smith, Arkansas where the company now has available facilities.
It is in the interests of the City that Ayers does not move to Fort Smith, but
rather remains in Fayetteville and maintains and/or expands the present work force,
in addition to maintaining and improving the appearance of the site.
• Ayers has expressed a decided preference for exercising its option to purchase
and remaining in Fayetteville when the lease agreement expires. However, they have
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Planning Commission Meeting
October 25, 1977 -4-
Page Two
September 15,1977
also expressed the necessity of rezoning the property from its present R-2 classification
to I-2 zoning classification. In addition to the proposed zoning change, Ayers would
also request a waiver of the present non -conforming use requirement of a 100 foot set-
back to a 25 foot building set -back.
Historically, the tract in question has been and continues to be an industrial
area. Ayers Furniture Industries is totally compatible with the character of the neighborhood,
which is predominantly industrial and commercial. The property is intersected by
major streets and highways and is serviced by rail. There would appear to be no viable
objections to rezoning the tract from R-2 to I-2 in compliance with the request by Ayers
Furniture Industries to do so as a condition prerequisite to their exercising their option
to purchase the real estate.
Ayers has indicated that, should the property be rezoned and the option to
purchase be exercised, it would desire to improve and alter certain buildings and structures
presently in existance on the real estate and also to construct new ones in order to
improve the appearance of the present site and to increase the efficiency of the manufacturing
process. The present 100 foot set -back requirement would prohibit these improvements,
reduce the usable portion of the subject real estate and would considerably limit Ayers'
flexibility to make changes and additions as needed.
Your favorable consideration of the rezoning petition and of the adjustment
appeal would be appreciated.
Respectfully submitted,
FULBRIGHT I,NVESTMENT COMPANY
and
AYERSFURNITURE INDUSTRIES
S
LynnJF. Wade
Their Attorney
Planning Commission Meeting
October 25, 1977 -5-
Planning Consultant Larry Wood said he had gone back to the original adopted plan
of the Commission and from the discussions in the late 1960's on that area, it
was the feeling that the heavy industrial uses should be discouraged in that area
and encouraged in the industrial park; and that this area should be basically
encouraged to develop into lighter industrial activities and multi -family.
The special study done in the Cato Springs area got into a portion of this and
at that time the Planning Commission confirmed the earlier opinion even to the
point of cutting back additional industrial land in the area. He felt basically
that this area should develop into multi -family and light industrial and not be
considered for I-2.
Mr. Wade said Fulbright Investment Company had bought this land in 1918 and has
it leased to Ayers Furniture now. .The lease expires in July of 1979 and Ayers
Furniture has the option of extending the lease for 5 years, purchasing the
property, or moving the plant to Fort Smith. The plant employees approximately
100 employees. He said they are asking for the right to stay where they are.
The present zoning classification does not allow any improvements or expansion.
If they don't have an I-2 zone which will permit this useage, they will not be
justified in retaining the useage. He said they would provide the City with a
Bill of Assurance stating that they will remove Buildings 2, 5, 3, and 18 as
shown on a survey he submitted and will cut back some of the other buildings to
get out of the road right-of-way. He said they will also paint and repair the
other buildings. They will also put in a chain link fence or a hedge along their
property line. Mr. Wade pointed out that the 5 -acre tract to the south will be
used only for parking and the owner would be willing to accept a lesser zoning
for that portion. Bobbie Jones felt they would need an R-0 zone for the parking.
Lynn Wade asked that they be granted a waiver from the 100 foot setback on
Razorback Road. He said the northeast corner of Building 14 (existing) is only
91 feet from the right-of-way. On Buildings 10 and 8, they will knock off 1S
feet or more of those buildings to come back further from the road. He said if
the City enforces the 100 foot setback, there will not be any land left to build
on.
Lynn Wade said the developer is now in compliance with the EPA regulations. Peg
Anderson said she hates to lose an opportunity to clean up this property. Peg
Anderson also said the mess which is there now is a disgrace to Fayetteville and
a disgrace to Fulbright Investment Company. She said she agrees with Larry Wood's
recommendation. She said she really can't see an industry in that area She
said their whole thought was to move industry into the industrial park and now
they do what they can to keep it from going to the industrial park. She also
thought the smoke is a problem and said she doesn't think there is any way a
wood products company can be without smoke. She said residential is an ideal
use for the property because of its closeness to the University of Arkansas.
Lynn Wade pointed out that they are not faced with the option of moving to
the industrial park.
No one was present in opposition.
Peg Anderson made a motion to deny the request for rezoning. The motion died
for lack of a second.
Ernest Jacks made a motion to approve the rezoning. Mr. Jacks felt it will not
develop into any residential zone because of the railroad tracks.
Peg Anderson also noted that there is an increased traffic flow of trucks
going in and out which is a problem of safety for the children going to schools
in the area.
Mr. Jacks amended his motion to approve with the property north of the railroad
tracks being rezoned to I-2 and the property south of the railroad tracks
(approximately S acres) being rezoned to R-0 and the petitioner submit the Bill
of Assurance he has indicated he will submit.
Planning Commission Meeting
October 25, 1977 -6-
Bill Kisor seconded the motion, which passed 5-1, with Power, Jacks, Kisor,
Maguire, and Newhouse voting "Aye" and Anderson voting "Nay".
Next the Planning Commission went back to the
public hearing on Rezoning Petition R77-38,
Dr. John Andre, to rezone property located
REZONING PETITITON NO. R77-38
Dr. John Andre
Highway 45 F Highway 265
south of Highway 45 and West of Highway 265,
from R-1, Low Density Residential District to C-1, Neighborhood Commercial District.
Petitioner submitted proposed "Bill of Assurance".
Attorney Phyllis Johnson was present to represent.
Phyllis Johnson said this is a 111 acre tract which they are asking to rezone to
C-1. She pointed out that the property directly across the street belonging to
Clay Yoe is also zoned C-1 (C-2 actually).
Larry Wood said he had recommended they rezone to R-0. He said the Highway 265 plan
which was adopted approximately one year ago shows this property to be R-0 and
used as a buffer area between the commercial to the north and the residential to
the south.
Commissioner Maguire said he would not want to argue with Larry Wood but this
property does line up with the commercial directly across the street. The
property immediately to the south has an approximately $70,000 dwelling on it
and will probably remain as a dwelling unit for some time. Mr. Maguire pointed
out that the economics of this indicate it will be a natural R-0 buffer between
this and the Church. He said the Church is another natural break. Mr. Maguire
felt it would be a natural tie to cut this off to/the west and line this up with
the Yoe property across the street.
John Maguire made a motion to approve rezoning this to C-1, with the petitioner
submitting a Bill of Assurance saying he will not develop until sewer is available.
Keith Newhouse seconded the motion.
No one was present in opposition.
The motion to approve passed unanimously.
Next was the public hearing on Rezoning Petition REZONING PETITION NO. R77-41
No. R77-41, John Calabria, to rezone property J. C. Calabria
located South of Highway 16 West, and West South of Highway 16 West
of Highway 71 Bypass, from C-2, Thoroughfare
Commercial, to R-3, High Density Residential District.
Danny Thomas was present representing Dr. J. C. Calabria.
Chairman Power acknowledged Larry Wood's Planning Report.
Danny Thomas said this property is going to be sold to the Little Chief Broadcasting
Company of Fayetteville to build apartments.
Peg Anderson asked if the petitioner would be willing to accept R-2 as recommended
by Larry Wood. Larry Wood explained that it would not be advisable to hop-skotch
with zoning patterns. He said the R-3 zoning was basically considered for downtown
areas.
Mr. Thomas said they would accept the R-2.
Ernest Jacks made a motion to recommend rezoning the property from C-2 to R-2.
Peg Anderson seconded the motion, which passed unanimously.
The ninth item for discussion was the DUPLEX CONDITIONAL USE
conditional use request for a duplex Al Ledbetter
submitted by Al Ledbetter, located at
3265 City Lake Road, property zoned R-1, Low Density Residential District.
No one was present to represent.
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Planning Commission Meeting
October 25, 1977
Bobbie Jones explained that Mr. Ledbetter can put as many units on the property
as he wants as long as he can still meet setback, parking, and lot frontage and
area requirements.
-Chairman Power asked if the adjoining property owners had been notified and Bobbie
Jones said "yes".
Bill Kisor asked if there was any opposition to the duplex and Bobbie Jones said
she had not received any.
Bill Kisor made a motion to approve the conditional use. Ernest Jacks seconded
the motion, which passed unanimously.
Next was the conditional use request for a duplex DUPLEX CONDITIONAL USE
submitted by Harold McKinney, located West of Harold McKinney
Razorback Road, and north of the end of Smith Smith Avenue
Avenue, property zoned R-1, Low Density Residential
District.
Harold McKinney was present to represent.
Peg Anderson disqualified herself from voting since they own the property to the
west of Mr. McKinney. She said Mr. McKinney had talked to them about the duplex
and they do not have any objections.
Ray Guzman, 334 Hornsby said he is speaking for himself and a number of neighbors
on Hornsby. He said basically this is a single-family home neighborhood and they
want to keep it that way. He said the fear is that this will set a precedent and
may lower property value and increase traffic. He said they had purchased their
home with the feeling this would remain R-1. He said they are fearful this will
start a series of steps to rezoning this area for duplexes and apartments. He
said the property immediately west of Mr. McKinney is vacant and they feel it
would be difficult for the Planning Commission to reject rezoning that property
if they grant this conditional use.
Grace Vanter, Hornsby, agreed with Mr. Guzman. She said she would like to see this
retained as single-family.
Attorney Kenneth Morton was present representing Mr. Scharlau and said he does
object to the duplex unless the City proposes to rezone the area
Bill Kisor made a motion to deny the request. John Maguire seconded the motion,
which passed 5-0-1, with Power, Jacks, Newhouse, Maguire, and Ray voting "Aye"
and Anderson disqualifying herself from voting.
The eleventh item for discussion was the IRVING ZISNER
request for approval of off-site parking Off-site Parking
for Irving Zisner for use of building at 201 201 W. Mountain
West Mountain Street.
Attorney Gary Carson, #1 Mcllroy Plaza, was present representing Mr. Zisner.
Mr. Carson said this is being leased for the purpose of putting in a restaurant.
He said Mr. Zisner has an option to lease and purchase the property which runs
out shortly. He is proposing to put in a restaurant there. He said what is
used for parking now will be used for the restaurant area. Mr. Carson said it
is not economically feasible to completely rennovate the service station and
provide at least 8 parking spaces. The City parking lot is located directly
across the street and the approximate hours for the restaurant should be from
4:30-11:00 P. M. This will not create a congested area at that time.
Bobbie Jones said the Ordinance says you cannot take part of open space or off-
street parking and use it for meeting those requirements for another building.
She explained that Mr. Zisner is transferring his required parking from the property
to the city parking lot in order to purchase part of the property from Truman
Yancey.
Planning Commission Meeting
October 2S, 1977 -8-
Mr. Carson said that the architect, David Knoll and the owner, Truman Yancey, were
present. David Knoll presented his drawing of how he.plans to remodel the building,
and stated that he felt it would be an enhancement to the area.
-Ernest Jacks made a motion to approve the off-site parking. Bill Kisor seconded
the motion.
David McWethy questioned if the off-site parking approval would go with the land
or only with the restaurant. He questioned if someone could open up the restaurant
during the daytime hours and still be permitted to use the City parking lot for
their parking requirements. Bobbie Jones said she felt they would have to deal with
this on the property basis and that it would go with the building.
Mr. Yancey felt the Ordinance says that if Mr. Zisner decided to open his
restaurant for lunch, they have given him the authority to do that. He said he
felt if someone else went into business there, he would not be able to use the
lot.
The motion to approve, made by Mr. Jacks and seconded by Mr. Kisor passed
unanimously. Ernest Jacks asked Bobbie Jones to ask Jim McCord whether the off-
site parking approved went with the building or the specific business.
Chairman Power asked that these two :.items
be tabled until the November 14, 1977
meeting.
The meeting was adjourned at 6:30 P. M.
LETTER FROM VOL LESTER
CREATION OF "OFFICE DISTRICT"
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RESOLUTION PC 58-77
WHEREAS, at its regular meeting on Tuesday, October 25, 1977, the Planning
Commission voted to approve the final subdivision plat dated August 29, 1977,
known as Miller Addition submitted by Arthur T. Miller.
WHEREAS, the Planning Commission recommended that because the necessary
improvements have not been installed in said subdivision that Arthur T.
Miller 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 Miller Addition described as follows:
LEGAL DESCRIPTION:
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LEGAL DESCRIPTION Z v
A part of the SEs, NEk, and all of that part of the NEk, SEs, lying ,North of
Arkansas Highway No. 156 and all of that part of the SWi , NEk, lying North of
Arkansas Highway No. 156, all in Sec. 33, T -16-N, R -30-W, described as begin-
ning at.the1NW corner of said SWk, NE}:
Thence S188-00-52 E 1774.71 feet to the toe of a bluff;
Thence along said toe -of bluff, S 59-53-28 W 143.86', S 88-19-51 W 63:13', L
S 05-53-30 E 62.05', S 60-55-05 E 124.50', S 79-05-56 E 77.63', S 39-44-36E
S 45-55-38 E 112.30', S 37-49-18 E 51.15', S 76-16-51 E 17.05', . Q
S 45-13-06 E 65.49', S 57-,16-36 E 92.45', S 80-12-48 E.75.20', S 53-59-58 E
45.27', S 71-49-18 E 63.43', S 60-47-58 E 70.57', S 48-56-01 E 75.13',.
5 66-10-01 F. 73.73', S 65-47-23 E 35..66', 5 50-07-08 E 42.98', 5 73-04-20 E
36.34', S 23-26-41 E 39.10', S 85-27-20 E 22.16', S 30-54-18 E 86.73', to the
east line of said SEs, NEk;
Thence S 02-13-49 W 730.35' to the North Right -of -Way of Arkansas Highway
P;o. 156;.
Thence N 83-43-34 W 264.30 feet to the P.T. of a curve.with Rm1432.39,
A = 07° 26' 40", Dc c 4°; • _,;�' .
Thence along maid curve 186.11 feet to the P.C.; a
Thence S188-49-46 W 258.16 feet to the E.T. of a curve with 8.520.87 feet,
Dc= 11°,A = 22° 54' 27";
Thence along said curve to the P.C. 208.03 feet;
Thence N168-15-27 W 170.52 feet;
Thence N':62-32-49 W 100.50 feet;
Thence N168-15-27 W 100.00 feet;
Thence Nt73-58-05 W 100.50 feet;
0 68
Thence -15-27 W 699.06 feet to the P.T. of a curve with R=818.51 feet,
D.= 7°, " nd £..;18° 12' 32";
Thence a ong said curve 260.13 feet to the P.C.;
Thence N�86-27-59 W 369.82 feet to the West line of said SWk, NEk;
Thence NO2-12-20 E 1002.31 feet to the P.O.B., containing 66.83 acres,
more artless, Fayetteville, Washington; County, Arkansas. •
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31);
PASSED AND APPROVED this day of , 1977.
ATTEST:
Keith Newhouse, Secretary
APPROVED:
John Power, Chairman
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RESOLUTION PC 59-77
WHEREAS, at its regular meeting on Tuesday, October 25, 1977, the Planning
Commission voted to approve the final subdivision plat dated
19 , known as Clear Creek Acres Subdivision submitted by James E. and
Nita Lindsey.
LEGAL DESCRIPTION:
Part of the NEa of SWa, Part ofN'� and SE; and part of SE; of NE',
all in Section 18, T -17-N, R -29-W, of 5th Principal Meridian located
in Washington County, Arkansas, more particularly described as
follows; to -wit: Beginning at the SW corner of NE; of SW1 of Section 18,
and running thence N 89° 40' 40" E-660.00 feet, thence North 479.27
feet, thence N 81° 03' 34" E 193.04 feet, thence N 44° 24' 57" E 199.04
feet, thence South 649.58 feet, thence N 89° 40' 40" E 2310.00 feet,
thence N 00° 10' 40" E 664.39 feet, thence N 89° 56' 30" E 658.03 feet,
thence N 00° 00' 30" E 660.00 feet to the NE corner of the NEa of the
SE' of said Section 18, thence S 89° 40' 40" W 660.00 feet, thence
N 00° 00' 30" E 1320.00 feet, thence S 89° 40' 40" W 660.00 feet to
the NW corner of the SE; of the NE; of said Section 18, thence S 00°
00' 30" W 1320.00 feet to the NW corner of the NE; of the SE', of said
Section 18, thence S 89° 40' 40" W 2640.00 feet, thence S 00° 00' 30" W
165.00 feet, thence S 00° 00' 36" W 1156.35 feet to the point of beginning,
containing 126.08 acres,more or less. Subject to right-of-ways of
adjacent county roads to the herein described property.
PASSED AND APPROVED this
ATTEST:
day of , 1977.
Keith Newhouse, Secretary.
APPROVED:
John Power, Chairman
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RESOLUTION PC 60-77
WHEREAS, a public hearing was held by the Planning Commission, Tuesday,
October 25, 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
R77-38 „ Dr. John Daniel Andre.
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, to C-1, Neighborhood Commercial,
said real estate.
LEGAL DESCRIPTION:
Part of the SEQ 5E4 Section 2, T -16-N, R -30-W being more particularly
described as follows; to -wit: Beginning at a point which is 838
feet South of the Northeast Corner of said 40 acre tract and running
thence South 177 feet; thence West 417 feet and 4"; thence North 177 feet;
Thence South 417 feet and 4" to the place of beginning, containing one
and one-half acres more or less being situated in Washington County, AR.
SECTION 2. That the above described property be rezoned from R-1,
Low Density Residential, to C-1, Neighborhood Commercial, so that
petitioner may develop property accordingly.
PASSED &ND APPROVED this
day of , 1977.
APPROVED:
John Power, Chairman
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RESOLUTION PC _61-7.7
WHEREAS, a public hearing was held by the Planning Commission, Tuesday,
October 25, 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
R77-39, Johnnie Dockery.
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, to R-2, Medium Density Residential, said
real estate.
LEGAL DESCRIPTION:
A part of the Northeast Quarter of the Northwest Quarter of Section 23
in Township 16 North of Range 30 West, and being more particularly de-
scribed as follows; To -Wit: Beginning at a point which is 223.0 feet
West and 101.8 feet South of the Northeast Corner of said .forty acre
tract, and running thence West 140.0 feet, thence South 200.0 feet, thence
East 140.0 feet, thence North 200.0 feet to the point of beginning,
containing 0.55 acres, more or less. Subject to a 20 foot road easement
on the West side of herein described tract.
SECTION 2. That the above described property be rezoned from R-1,
Low Density Residential, to R-2, Medium Density Residential, so that the
petitioner may develop property accordingly.
PASSED AND APPROVED this
APPROVED:
day of , 1977.
John Power, Chairman
•
RESOLUTION PC 62-77
WHEREAS, a public hearing was held by the Planning Commission, Tuesday
October 25, 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
R77-40, Ayers Furniture Company, (Fulbright Investment Company).
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 I-1, Heavy Commercial and Light Industrial and R-2, Medium Density Res-
idential, to I-2, Heavy Industrial District, and R-0 Residential Office.
LEGAL DESCRIPTION:
-Parts of Sections 16, 17, and 20, T -16-N, R -30-W, being more
particularly described as follows, to Wit: Beginning at an
existing fence corner which is 716.0 feet West and 195.0 feet
north of the southeast corner of the SW' of the SE; of said
section 17, said fence corner being at the intersection of the
south right of way of State Highway 62 and the east right of way
of an existing road, and running thence N 86° 0' E, along said
south highway right of way and an existing fence, 690.0 feet to
an existing fence corner post on the south right of way of said
Highway 62, thence S 80° 30' E, along said highway right of way
42.0 feet, to an existing fence corner post, thence N 86° O'E,
along said highway right of way and an existing fence, 920.0 feet,
thence S 88°30'E, along said highway right of way and an existing
fence, 390.0 feet to the intersection of said right of way and the
section line between section 17 and section 16, thence south, along
said Section line 10.0 feet to the right of way of State Highway 62,
thence S 86° 45'E, along said right of way, 170.0 feet, to the in-
tersection of the south right of way of said highway, and the west
right of way of Garland Avenue, thence S 05°.0'E, along the west
right of way of Garland Avenue, 131.0 feet, to a point which is 10.0
feet north of the centerline of the St. Louis -San Francisco Rail-
road, thence westerly, paralleling said railroad centerline 10.0
feet North, and following an existing fence, on a radius of 1156.28
feet a distance of 310.0 feet, thence S 83° 0'W paralleling 10.0 feet
to the North of the centerline of the St. Louis -San Francisco rail-
road and follow an existing fence, 1340.0 feet, to the intersection
of this line and the south right of way line of a 17.0 feet wide
railroad loading spur, thence following said railroad, paralleling
8.5 feet south of the centerline of said spur the following center-
line curve radii; radius of 603.11 feet a distance of 70.0 feet, a
radius of 477.46 feet a distance of 132.0 feet, a radius of 477.46
feet a distance of 242.0 feet, thence N 84' 30'E, paralleling 8.5
feet south of said spur centerline, 325.0 feet to a point 8.5 feet
East of the end of said spur track, thence N 05° 30'W 17.0 feet, to
a point 8.5 feet west and 8.5 feet north of the end of said spur
track, thence S 84° 30'W paralleling 8.S feet north of the centerline
of said spur, 325.0 feet, thence paralleling 8.5 feet to the north
of said spur centerline the following radii and distances, a radius
of 477.46 feet a distance of 244.0 feet, a radius of 477.46 feet a
•
I el
distance of 132.0 feet, a radius of 603.11 feet a distance of 105.0
feet, to a point 10.0 feet north of said spur, thence S 83° 30'W
paralleling 10.0 feet to the north of said spur centerline, 515.0
feet, to the East right of way of an existing road, thence N 05° 54'
W along said road right of way and an existing fence, 271.0 feet to
the point of beginning. Containing 10.82 acres more or less. Also
part of the Northeast Quarter of the Northeast quarter of Section 20,
Township 16 north, range 30 west, being more particularly described
as follows, to wit: beginning at a point which is 12.11 feet south of
the northwest corner of said forty, said point is also 10.0 feet north
of the centerline of the St. Louis -San Francisco Railroad, thence N
83° 0'E paralleling said railroad centerline 10.0 feet to the north,
99.40 feet to the north line of said northeast quarter of the north-
east quarter, thence East, along said forty line, 725.0 feet, thence
South 266.5 feet, thence west 823.66 feet to the west line of said
northeast quarter of the northeast quarter, thence North, along said
forty line, 254.38 feet, to the point of beginning. Containing 5.02
acres, more or less. Less and except that portion contained in rail-
road right of way in the northwest corner of herein described tract.
Leaving 15.83 acres totally described.
SECTION 2. That the above described property be rezoned from I-1, Heavy
Industrial to R-2, Medium Density Residential to I-2, General Industrial Dis-
trict, so that the petitioner may develop property accordingly.
PASSED AND APPROVED this
day of , 1977.
APPROVED:
John Power, Chairman
•
•
RESOLUTION PC 63-77
WHEREAS, a public hearing was held by the Planning Commission, Tuesday,
October 25, 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
R77-41, Dr. J.C. Calabria.
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 C-2, Thoroughfare Commercial District to R-3, High Density Residential
District, said real estate.
LEGAL DESCRIPTION:
A part of Section 7, Township 16 North, Range 30 West, being more
particularly described as follows, to Wit: Beginning at a point
which is 2265.0 feet East and N 01 degrees, 32 minutes West 1197.2
feet from the Southwest corner of said Section and running thence
N 01 degrees 32 minutes West 462.90 feet; thence N 89 degrees 56
minutes E 807.23 feet; thence S 10 degrees 17 minutes West 470.40
feet; thence S 89 degrees 56 minutes West 710.86 feet, to the point
of beginning. Containing 8.0 acres, more or less.
SECTION 2. That the above described property be rezoned from C-2,
Thoroughfare Commercial District to R-2, Medium Density Residential
District, so that petitioner may develop property accordingly.
1977.
PASSED AND APPROVED this day of
APPROVED:
John Power, Chairman