HomeMy WebLinkAbout1982-01-11 MinutesA
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MINUTES OF A'PLANNING COMMISSION MEETING
A meeting of the Planning Commission was held at 5:00 P.M., Monday, January
11, 1982, in the Directors Room, City Administration Building, Fayetteville,
Arkansas.
MEMBERS PRESENT: Chairman Ernest Jacks, Morton Gitelman, Barbara Crook,
Don Hunnicutt, David Williams, Melanie Stockdell, Windell
Cullers, Newton Hailey.
MEMBERS ABSENT:
OTHERS PRESENT:
Martin Redfern.
Bill Shackelford, (arrived late), Lamar
Morgan, Wayne Morgan,
Stewart, others.
Pettus, Sherman
Lee Ward, Bobbie Jones, Cynthia
The minutes of the December 28, 1981 meeting of the
Planning Commission were approved as mailed.
MINUTES
The next item of business was the REZONING PETITION R81-20
Public Hearing R81-20, Bill BILL SHACKELFORD
Shackelford, to rezone property located 1908 WEST 6TH STREET
at 1908 West 6th Street from R-2, Medium Density
Residential District to C-2, Thoroughfare
Commercial District,
The Chairman opened the Public Hearing; there was no one present to represent.
Jacks asked for a report from the Planning Consultant, Larry Wood.
Larry Wood stated C-2 District is not recommended but R-0 District is
for the following reasons:
1. The frontage along Highway 62 at this location with commercial on one
side and potential industrial across the street does not present a
desirable residential environment as suggested by the General Plan.
2. There are existing single-family and multi -family units to the North
plus land that could be developed more intensely which need some protection.
3. The suggested R-0 District would allow a reasonable use of the property
and still provide a transition and buffering for the adjoining residential
Wood stated there is presently commercial development West of this property.
There is commercial and industrial development across the street and to the
South of the property. Wood stated existing development and proposed
uses do not present a residential environment as the plan recommends. However,
there is existing residential development to the North and potential residential
to the Northeast on some fairly large lots developed now as single family.
Wood felt this could redevelop into duplexes or multifamily. Ile felt it deserved
to be protected.
There was no one present in favor of the request and ho one present in
opposition to the request.
Don Hunnicutt stated there is presently C-2 immediately West of this property.
He said that he felt the C-2 would meet one way or the other from the East or
West. He did not see anything to buffer.
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January 11, 1982
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Cullers asked Wood the difference between R-0 and C-2. He said a restaurant
could be allowed in R-0 and there is existing C-2 and Industrial across the street.
Wood replied the Plan calls for R-1 all the way back East from this tract to
Lewis which is currently R-.1 and not a commercial use at the present time. Wood
said he suspects it will either be reused as residential, or the Commission will
have continued pressure for commercial. Wood said the R-0 is a much less intense
district than C-2. He said Cullers was right in that a restaurant could be
allowed in R-0, but it would be the heaviest use that would be allowed. The
C-2 allows for much heavier uses.
Hunnicutt felt the C-2 would creep from Razorback Road. Hunnicutt moved
the Rezoning Petition R81-20 be recommended to the Board of Directors for approval.
Windell Cullers seconded.
David Williams asked what Mr. Wood meant by intensities of uses in the
two zones. Wood explained that C-2 is a retail commercial district, R-0 is a
residential office district which allows light commercial activity.
Bill Shakelford arrived at 5:10 P.M. He addressed the Commission and
statdd he has an option to purchase this property contingent upon it being
rezoned. He stated that sometime in the future, if economics allow, he will
build an insurance office with another type of office in conjunction, perhaps
a C.P.A. Office. The reason he's asking for the C-2 is more or less for the
purpose of selling the property if he does not install the insurance office.
Jacks stated the Planning Consultant recommends R-0 District. Shackelford
said that most of the businesses in this area are commercial on both sides of the
street going West. Shackelford said with the location of the property on a
four lane highway, he did not see much possibility of the property remaining
residential.
Gitelman stated if this property is rezoned Commercial, a precedent will be
set for all the property East to Lewis. He felt if this property is rezoned
R-0, it will justify rezoning the rest of the property East to R-0 or multifamily.
Gitelman stated the Commission does not like strip zoning. There are some
similarities as Cullers pointed out between the R-0 and the C-2, however,
rezoning this property to C-2 could affect the property to the North. Gitelman
said he would vote against the C-2 but for the R-0.
Hunnicutt felt the property should be rezoned Commercial, he felt 62
is a heavily travelled road. He felt a commercial zone is needed here.
The Commission voted on Hunnicutt's motion to recommend approval of the
Rezoning Petition R81-20 to the Board. The motion failed to pass (2-6)
with Hunnicutt and Cullers voting "Aye" and Gitelman, Williams, Crook, Jacks,
Stockdell and Hailey voting "Nay".
Gitelman moved that R-0 District be recommended to the Board of Directors for
this property. Newton Hailey seconded.
Cullers stated he did not feel there is a true R-0 Zone with residential
above and office below. He felt this property should be commercial and that this
individual is being penalized.
Shackelford stated three lots from this property in any direction is C-2,
with C-2 immediately adjacent to it.
Melanie Stockdell stated as a new member she considers the Master Street
Plan and the General Plan, both of these plans call for the area under consideration
to be a low density residential area. She said this indicates the area should not
be commercial. Shackelford. stated it is all commercial through there.
Williams asked how that happened. He said he would not be surprised if
these existing houses were reused: -Shackelford said he doubted they would be used
for residences with their location on a four lane highway. He did not see how
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Planning Commission Meeting
January 11, 1982
411 Page 3
someone could afford to pay the commercial prices for the property and construct
residences on it.
Gitelman did not think this Commission has been asked to rezone any property
East of this commercial He stated there is a plan for this area and the Commission
is supposed to be guided by it, unless there is a very good reason for deviating
from it.
The motion to recommend R-0 District passed (5-3) with Morton Gitelman,
Barbara Crook, David Williams, Ernest Jacks and Newton Hailey voting "Aye"
and Don Hunnicutt, Melanie Stockdell and Windell Cullers voting "Nay".
The next item of business was REZONING PETITION R81-21
the Public Hearing on Rezoning Petition R81-21, LAMAR $ DONNA PETTUS
Lamar and Donna Pettus to rezone property 275 EAST HUNTSVILLE ROAD
located at 275 East Huntsville Road from C-1, ' - -
Neighborhood Commercial District (Address
in the public notice was incorrectly published as 514 South Willow, a residence.
The legal description in the notice was the one for 275 E. Huntsville Road and
the sign was posted on the property at 275 East Huntsville Road.)
Lamar Pettus was present to represent.
The Chairman asked for a report from the Planning Consultant, Larry Wood.
Wood stated he is not recommending the C-2 District for the following reasons:
411 1. The requested zoning district is contrary to the General Plan.recommendations.
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2. Commercial zoning at this location constitutes Spot Zoning.
Lamar Pettus stated the discrepancy in the legal description is being
corrected.
He stated the property is zoned C-1 now, it was leased to one person,
but the lease has been broken due to some trouble Wayne Morgan would like to
lease the property. He stated the property has been C-1 forever, it has been
used for the sale of beer, wine and groceries. The building has been remodeled
so that the West side of the building can be used for the sale of beer and wine
and the East side can be used for several uses The use proposed for the property
is allowed in C-2 and not in C-1 because C-1 does not allow for dancing or
live entertainment. When the building was remodeled, a disco booth was
installed. Pettus stated he was not that concerned with rezoning the property,
he stated if it can be handled with a nonconforming use, or a conditional use,
that would be all right with him. The problem in the C-1 is that dancing and/or
live entertainment are not allowed. He would like to see the use proposed
permitted to provide an establishment for recreation for black persons. He felt
there was a definite need in the community.
The Chairman asked if there was anyone present in opposition to the request.
James Tackett, 2350 Holley, addressed the Commission. He stated he owns
adjoining property to the East of the tract in question. He said he is not
in favor of live music on the site. The property he owns adjacent to this
property is rental, he felt live entertainment at this location would discourage
renters.
Gene Smith, 318 Combs Avenue, addressed the Commission. He stated his
property lies behind Mr. Pettus' and adjoins it on the South side. He said
there has been music at this site in the past; and it was pretty loud. He
felt if live music was permitted, it would be even louder. He stated he wanted
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Q Planning Commission Meeting
a January 11, 1982
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Q to be able to sleep and that he was against the rezoning.
Maxcyne Gangstad, 1016 Lakeside Drive, addressed the Commission. She
stated she owns rental property adjacent to the site and she is against the
rezoning for the same reasons as stated by Mr. Tackett.
JArthur Evans, 327 Combs, addressed the Commission. He stated this is a nice,
quiet neighborhood. The site was originally used as a grocery store only. He said
(�) now beer and wine are sold there. He said most of the persons living in the
neighborhood are retired or working people. Mr. Evans did not think live music
should be allowed.
Sherman Morgan stated there has never been live music there. He stated he
does not propose live music, only records. He said it can't be heard outside.
Pettus stated that he understood the neighbor's complaints, but he felt
there is a need in the area for this type of establishment. He stated the
former leasee had operated the disco for several weekends, his lease has been
terminated. Pettus said he felt this is an ideal location for a restaurant
with disco dancing. Pettus said the building will be used for commercial
purposes regardless of the outcome of this hearing.
Hunnicutt asked when this property was rezoned. Bobbie Jones stated
Mr. Land had purchased the property and had it rezoned after 1970.
Stockdell said it was mentioned there was a way of permitting the
use without actually rezoning the property.
Jacks stated that is correct if a use is existing and nonconforming, it may
be changed to another nonconforming use if it is determined that the use will
be no more intense.
Crook stated this is a commercial use in the middle of a residential
neighborhood. She felt the commercial would remain, but so will the residential.
She felt the uses should be as compatible as possible. Crook felt dancing and
music will increase the noise in the neighborhood.
Sherman Morgan stated he did not feel the music would be that loud. He
said if people complain, the music will be turned down.
vyDavid Williams stated there are several issues here, compatibility with
Q the neighborhood and the conflict with the general plan. He felt with these
L'9 conflicts, he would have to go with policy.
Williams moved the rezoning petition be denied. Melanie Stockdell
° seconded, for the same considerations, There was some discussion whether or
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not the use could be considered under Use Unit 4, Cultural and Recreational
En
C.0
Uses. Bobbie Jones stated Use Unit 4 would be a conditional use and
c2 would require Planning Commission approval.
Hunnicutt asked about the change in nonconforming use. Bobbie Jones stated
U that would be up to the Planning Commission. She said the Planning Commission
c1 must determine that the changed nonconforming use would be less or equally as
intense as the existing nonconforming use. She stated the Planning Commission
ea can apply appropriate conditions and safeguards on the proposed ;use.
o Hunnicutt asked if the parking, on site, would be adequate for the proposed
p •
; use. Bobbie Jones stated she did not know.
The motion to recommend denial of the rezoning petition passed (8-0).
Don Hunnicutt moved that a change of nonconforming use be approved for
disco.dancing at 275 East Huntsville Road, for a 6 month period,..if adequate
parking can be provided for the proposed use.
David Williams seconded.
Planning Commission Meeting
January 11, 1982
Page 5
Williams stated this would put the burden of making the use work at its
location on the leasees. He stated it would be up to the neighborhood to
monitor it. The use will run out in 6 months at the most if it is undesirable.
This gives the needs of the neighborhood a chance to be met and, also, if
the use is truly noncompatible with the neighborhood, it has a termination point.
Hailey stated the usage should be less intense than the day to day usage
of the grocery store.
The motion to grant a change in nonconforming. use .for 6 months passed (8-0).
James Tackett asked that the persons appearing be notified when the 6 month
period is up so they may be present at the meeting the next time this use is
considered.
The next item of business VARIANCE OF MINIMUM LOT
was a request for a variance from the lot SIZE FOR A LOT SPLIT
size requirement applicable to a lot split. JIM PIERCE
submitted by Jim Pierce for property South
of Huntsville Road and East of Wood Avenue.
Lee Ward was present to represent.
The Chairman asked who was appearing in favor of the request. Lee Ward
addressed the Commission. He stated the owner of the property would like to
sell off the existing house and a portion of his property. The house is 38
years old. A ditch runs through the property and splits it naturally.
Jacks stated the ordinance regulating the splitting up of property was
passed to prevent persons from dividing property without installing the proper
facilities to serve it He stated that is not the case in this situation.
Jacks asked if adjacent property owners were notified. Bobbie Jones
stated they were not, that it is not required with a variance of this type.
Hunnicutt asked if this property was served by City Water and Sewer.
Bobbie Jones stated the lot split had been okayed by Don Bunn.
Gitelman moved the variance be granted. Windell Cullers seconded.
The motion. passed (7-0-1) with Melanie Stockdell abstaining.
The next item on the Agenda was the APPOINTMENT OF COMMITTEES
appointment of committees for 1982.
Jacks stated he would like the SUBDIVISION COMMITTEE
Subdivision Committee to stand with
Don Hunnicutt serving as Chairman and David
Williams remaining. He stated he would like to
appoint Barbara Crook to serve on that committee and that a fourth member will
be appointed at the January 25, 1982 meeting of the Planning Commission.
Jacks stated the Commercial PUD
Committee will consist of himself as
Chairman, Don Hunnicutt, Larry Wood and
Ervan Wimberly, and former Mayor Todd.
COMMERCIAL PUD COMMITTEE
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c3 Planning Commission Meeting
c3. January 11, 1982
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Ckd\ The Landscape Ordinance Committee LANDSCAPE ORDINANCE COMMITTEE
will consist of Ernest Jacks, Newton Hailey,
Frank Sharp representing the Board of
Directors, Claude Prewitt to represent
developer's interests, and Paul grickey,a landscape architect, to answer technical
questions.
Jacks appointed a committee PLANNING COMMISSION OFFICERS
consisting of Newton Hailey as
Chairman, Morton Gitelman and David Williams
to present a slate of officers at the February 8, 1982 meeting of the Planning
Commission.
There is an existing committee NONCONFORMING STRUCTURES COMMITTEE
consisting of Morton Gitelman,
and Windell Cullers working on a
proposal for relief from current setback
requirements, for structures constructed under obsolete setback requirements.
Jacks stated the Planning Commission OTHER BUSINESS
agreed to hold a retreat to familiarize
• members of the Planning Commission with PLANNING COMMISSION RETREAT
Qtheir duties:and objectives.
Jacks asked if the Planning Commission
Q had any preferences on dates or times to hold this retreat. David McWethy has
offered his house for a meeting place.
GUil The Commission agreed that they would come to a firm time to hold the retreat
c after discussing a convenient time with David McWethy.
C3
CiS
Gg There being no further business, the meeting adjourned at 6:13 P.M.
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PAGE APPLICANT DATE
1 Bill Shackelford (Rez. R81-20 - 1908 West 6th St.)
3 Lamar $ Donna Pettus (Rez. R81-21 - 275 East Huntsville Road)
5 Jim Pierce (Lot Split)
7 HARB-CO Place (Pref. & Final Plat)
8 S & J Company (Rez. R82-1 - Huntsville $ Sherman)
10 Katherine Stubblefield (Lot Split - Stubblefield Road)
12 Duane Nelson (Rez. R82-2- West of the Mall)
13 Omni Shelter, Inc. (Bronze Tree Village - Req. for Bituminous Curbing)
14 Northeast United Pentecostal Church of God (605 Appleby Rd.)
15 Zion Road / Zion Place
16 Charter Vista Hospital (LSD - Hwy 265)
18 S $ J Company (Sequoyah South PUD - Rodgers Dr.)
21 .Amendment to Appendix C Subdivision Waivers
22 Request for Amendment to Zoning Ordinance to Allow Sales of Antiques in
23 Station Restaurant (Mountain St. - Off -Site Parking)
.23 Report on Landscape Ordinance
24 Colony Shop (Front St. - Subdivision Waiver - Lot Split)
25 Colony Shop (LSD - Front St.)
26 Jack $ Jorgia Burge (Rez. R82-3 - North St.)
27 Report on Landscape Committee
28 Jack $ Jorgia Burge (Rez. R82-3 - North St.)
28 Bryce Davis (Req. for Rehearing for Rez. Petition)
28 Charles Leflar (Variance Lot Size - Nettleship & Lewis)
29 Commecial PUD Ordinance
'29 Comprehensive Plan
29 Request for Study of areas for possible annexation
31 Lois Stratton (One Mile Road - Rez. R82-4)
32 City of Fayetteville (Rez. R82-3 - Hwy 16 East Bypass)
33 Jim Rose III (Rez. R81-14)
35 Steve Wilcox (Lot Split)
35 Amendment to Ordinance to Allow Antique Sales in R-0
36 Happy Hollow Subdivision (Prel. Plat Approval)
36 Amendment to General Plan
38 Mexican Originals (LSD - Hwy 16 Bypass and Huntsville Rd.)
40 ,.Bryce Davis (Rez. R82-6 - Hwy 16 West)
42 Donald W. Nickell (Waiver for Frontage - 1553 Deane St.)
43 Referral from City Board Proposed St. Imp. District Concurrence w/MSP)
48 --r La-r-ge Scale Developments 0 Schools
50 Special Meeting (RE: Recommended Revisions to the General Plan)'
51 Mexican Original (St. Superintendent Recommendations)
53 Appleby Road (Referral from City Board question of Harmonization w/MSP)
53 Northwest Arkansas Grocery Co. (LSD - 2100 North College Ave.)
54 Carol MC Daniel (CU - Child Care Facility in R-1)
54 'Discussion of General Plan
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Appleby Road Improvement District
Land Management Hearings Washington County
Goals and Policies
Appleby Road Imp. (Ref. from City Board consistency with
Southern Heights, Phase I (Final Plat - Rodgers Dr.)
Bryce Davis (Rez. R82-6 - Betty Jo and Wedington)
Sang Ave. Baptist Church (1425 N. Sang Ave.)
Steven G. Manire, D.C. (Screening & On -Site Parking - 221 N. East St.)
Revisions to General Plan
Mexican Original (LSD - Drainage Controversy)
Park Place Properties, Ltd (LSD - Park Lake Apts.)
Johnnie Bassett (Concept Plat - Winchester Square)
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Master St. Plan)
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72 Lois Stratton (Rez. R82-4 - One Mile Road)
73 Don Carlon Bassett (Rez. R82-7 - Rebecca St.)
• 76 Eoff Trust III (Rez. R82-8 - South Hill Ave.)
77 S -S -L Partnership (CU - Apartments in C-4)
77 Charles G. Banks (Convert Single Family to Duplex)
79 Leverett Gardens II (LSD - Chestnut and Future Arterial)
81 Commercial Zoning
81 R-1 Holding Zone
81 Speed Zones on Different Street Designations
82 Increased Density in Town
82 Duplexes in R-1
82 Items to be discussed in Committee
84 Arkansas Western Gas (Industrial Park - LSD)
85 Pond Addition - Hwy 16 West (Revised Plat)
85 Rogers Produce (LSD - Hwy 16 East Bypass)
86 I.N.D. Corporation (Rez. R82-9)
86 "My Place" (CU - 275 East Huntsville Road)
89 Robert Melton - Hardware Store (CU - 525 Mission Blvd.)
89 Jim Vizzier (Updating Fayetteville General Plan)
91 Arkansas Conference on Community Planning & Development - 1982
91 Florence King (Off -Site Parking - 201 West Mountain)
92 Nianzer Anderson (CU - 275 E. Huntsville Road)
94 Brophy Circle (Bronze Tree Village - Final Plat - Omni -Shelter, Inc.)
96 Robert Whitfield (CU - Mini -Storage - Hwy 71 S. F, Whillock St.)
96 Rogers Produce (Waiver of Screening - Hwy 16 E. Bypass)
98 Arkansas Western Realty (Mud Creek Addition, Unit 1 - Prel. Plat)
99 Production Credit Assoc. G Federal Land Bank Office Bldg. (CollegeF,Millsap)
•99 Wilford and Serene Osburn (Rez. R82-10 - 2818 W. Sixth St.)
100 Lo Vina Payton (CU - Child Care - 407 Red Wing Circle)
103 Growth Area Zoning Report
104 American Biofuels (Paving Parking Area - 1860 Pump Station Rd.)
104 Memo From City Manager (Access Streets off Zion Rd.)
104 General Plan
107 Johnie and Ora Bassett (Prel. Plat - Ph. I - Winchester Sq. Subd )
108 David $ Lisa Lum (Rez. R82-11 - Giles Rd. and Anne St.)
109 Raymond D. F, Daphia D. Mitchell (Mountain St. - Rez. R82-12)
109 Mrs. H. R. Saxon (Rez. R82-13 - Hwy 71 North And Johnson Rd.)
110 Northwest National Bank (Off -Site Parking - Meadow and College)
110 Dolores Dillon Kirby (CU - Home Occupation - 932 Bel Air Dr.)
112 Lester Longwith (Ext. of Prel. Plat - Hwy 16 West - Hamstring S. Addition)
112 Discussion of General Plan Update
115 Walt Longstreet (Rez. R81-14 - Hwy 16 E. and 265)
116 Johnie and Ora Bassett (Prel. Plat - Ph. I - Winchester Sq Subdivision)
117 Lisa D. Lum (CU - to change non -conforming use - 1625 Giles Rd.)
117 Discussion of General Plan Update
120 Sequoyah Land Company (Prel. Plat - Fifth St. and Rodgers Dr.)
121 House, Latrechia, Payne * Harner (Rez. R82-14 - Hwy 16 E and Hwy 265)
122 Dale Holland (Cafe Santa Fe - 25 E. Center St. - Off -Site Parking)
123 Karen Muncy (CU - For Child Care - 1925 Greenvalley Ave.)
124 Alton McDaniel (CU - for Child Care - 1850 S. Washington Ave.)
124 Washington Mountain Estates $ Potential City Park Land (71 Bypass $ Hwy 62)
126 James Vizzier (Access Rd. f, Offsite improvements - Washington M'tain Es.PUD)
132 Robert K. Middleton (U of A - 4 -State Regional Planning Conf.)
• 133 Vickie Butler (CU - Montessori School - 1624 N. Garland Ave.)
134 Truman Yancey (Rez. R81-20 - Req. to re -petition within less than 12 Months)
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Minimum width requirements of non -sewer lots
General Plan Restudy (Resolution to Board of Directors)
J.B. Hays (Rez. R82-15 - 800 Block - Leverett Ave.)
Public Hearing -Amendment to Master St. Plan - Between
City Hospital (Off -Site Parking - Rock St. Between West
Committee Report - Non -Conforming Lots S Non -Conforming
Lester Longwith (Final Plat - Hamestring S. Addition - Hwy 16 W.Growth Area)
Butterfield Trail Village (LSD - Joyce St. F, Old Missouri Rd.)
Gordon Houston (Rez. R82-16 - Porter Rd. & Deane St.)
Gabbard, Holzwarth & George (Rez. R82-17 - Hwy 62 West)
Don Ousterhout (CU - 1022 Trust)
Ernest Jacks (Update Committee)
Johnie Bassett (Prel. Plat - Ph. II - Winchester Square Subdivision)
Authur Miller v Ann W. Tom Trust (Concurrent Plat - Miller Addition)
Lindsey & Sexton (LSD - Township Plaza - Lot 1, Blk 1, Colt: Square)
Walter Turnbow (Rez. R82-18 - Marie Steele Trust - S. 71 Bypass, W of 71N)
Don Ousterhout (CU - Home Occupation - 1022 Trust)
Dr. Connie Rothumel (CU - 2445 Valley Dr. - School of Metaphysics)
Jim Hill (Extension on Prel. Plat - Washington M'tain Properties, Inc.)
Johnie Bassett (Prel. Plat - Winchester Sq. Subdivision - Ph. II)
J.B. Hays (Final Plat - Northview Heights Addition)
Sarah's Country Store (LSD - Hwy 71 Bypass)
Butterfield Trail Village (Rez. R82-19 - Joyce St.)
Jim Lindsey (Hyland Park Subdivision - Sidewalk and Pathway Design)
Non -Conforming Uses of Property at the Time of Annexation
Helen Edmiston (Summerhill Subdivision -Variance from Setback)
Jim Lindsey (Sidewalk and pathway design - Hyland Park Subdivision)
Helen Mullins (CU - Day Care - 2190 N. College Ave.)
University Baptist Church (Vacate R -O -W - Vandeventer Ave.)
City Ordinance No. 1661
Ross Fefercorn (Bronze Tree - Brophy Subdivision)
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