HomeMy WebLinkAbout1970-01-26 Minutes355-2�
9' The Fayetteville Board of Adjustment met at 10:00 A.M., Monday,
January 26, 1970, in the Directors Room of the City Administration
Building, Fayetteville, Arkansas,
Members Present: Carl Yates, Roy Clinton, Ed Clement, J. F. Robinson,
J. F. Palmer.
Members Absent: None,
Others Present: Paul Jameson and Hugh Kincaid, lawyers representing
the opponents of the proposed exception, Bill Murphy
and Marshall Carlisle, lawyers presenting the case
for Washington General Hospital, Glen Estes, Harold
Lieberenz, Wesley Howe, Roy Allen, Mrs. Fred
Stevenson, Dr. Walter Brown, Carl Rose, Tom Burke,
and other members of the public, names unknown,
The Chairman called the meeting to order.
The purpose of this meeting was to continue the public hearing on
the application of Washington County General Hospital for an Washington County
exception from the zoning ordinance for property located at the General Hospital
Southeast corner of the intersection of North Street and Highland SE corner of North
Avenue. This hearing was continued from the January 12, 19702 Street & Highland Ave
meeting.
Bill Murphy; -attorney representing the Hospital, spoke first. The
property is 180 feet by 190 feet on North Street directly across
from the County Hospital. As required, notice was given to the five
surrounding property owners. Under Section 2a of Article V, the
Hospital is asking to be allowed to make some changes on the
Bullington house so that they can use it as a day care center for
employees. He read a list of particulars as to what they plan to
do to the property to adapt it to their use. He stressed the need
for the day care center and additional parking. The Hospital is
unable to obtain more land from the Veterans Administration and must
expand in some direction. They are aware of objections and have
talked to Paul Jameson. They plan to use residential type lighting
and patrol the parking area. There will not be an increase in traffic,
since the parking will be for employees. They hope to get better
control of the traffic.
Marshall Carlisle, attorney also representing the Hospital, stated
the Hospital has conducted a survey with the present employees.
Twenty-six are interested in using the facility with a total of
forty children. The Hospital expects the day care center to make
it easier to hire registered nurses and technicians with young children.
Mr. Glen Estes, Hospital Administrator, said an Arkansas State Health
Department ruling effective January 1, 1969, requires a hospital to
have two parking spaces for every bed for which the Hospital is
licensed. They are licensed for 166 beds, therefore need 144 spaces.
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They have only 245 spaces at the present time. The land area and
land usage they have has been planned. Plans are being drawn for
expansion and additions which will add 100 beds and extend some
services. This will further reduce the parking area. Parking is
so critical that the doctors have to park in fire lands, around
the perimeter of the building, and around back at times.
Chairman Robinson asked Paul Jameson and Hugh Kincaid, attorneys for
the opposition, if they wished to question the applicants at this
time. They declined.
Carl Yates asked how many additional parking spaces the Hospital
expected to gain through use of the Bullington property. There
would be 75 new parking spaces. Mr. Yates also inquired how long they
expected the day care center and parking lot to be adequate in view
of the projected growth.
Mr. Estes said the Hospital was considering a 3 or 4 level parking
garage in connection with their expansion program. Use of the
Bullington property for parking is an interim situation until more
parking can be found. The day care center play area would be .
surrounded by a residential -type, 5 -foot, chain-link fence. Part
of the lot would be filled. The parking lot would open onto
North Street. Access and egress onto Highland Avenue would be
from the front of the day care center only.
Chairman Robinson opened the discussion to anyone else in the room
who might wish to comment on behalf of the applicant or ask questions
of the applicant.
Roy Allen asked what age children would be cared for at the center.
Mr. Estes said they expected 15 from 8 weeks old to 2 years of age;
9 from 2 years to 4 years; 6 from 4 years to 6 years; ten in the
ages 6 to 11 group. The 6 to 11 group would be there only in the
evening from 3:00 P.M. to 11:00 P.M. If the Hospital staff increased,
the number of children might also increase. The staff for the day
care center would be trained personnel headed by Carol Swope. No
instruction or kindergarten would be furnished. The day care center
would be in operation from 6:30 A.M. until 11:30 P.M.
Mrs. Fred Stevenson said she had heard the Hospital paid $75,000
for the property. How much more dirt the Hospital plan to spend
remodeling it? Answer: Approximately $4,500. She asked if a
multiple floor facility will be built later, why not do it now
rather than invest this money in this way? Mr. Estes explained
that the main problem is money. Enlargement must be programmed by
the availability of money. She felt it would be better to put the
money into something permanent.
Carl Rose commented about having watched traffic backed up on North
Street waiting to get onto College Avenue. Mr. Estes said he didn't
expect an increase in traffic in connection with this property.
Mr. Rose also asked what specific advantage lay in having the health
center located on the Hospital grounds. Mr. Estes said the Hospital
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• does the County health center's lab work for them.
Paul Jameson asked if he might present his case for the opposition
as he had another appointment. He and Hugh Kincaid represented
other interested property owners. He read a petition signed by 105
property owners in the area. He stated the property was purchased
with public funds, but without public knowledge. It was zoned R -1B
at the time of purchase. The long range plan recommends that it
remain R -1B. Mr. Jameson read from the Code of Ordinances what is
permitted in the R -1B district on appeal to the Board of Adjustment.
He quoted Article 8, Section 6-2 of the Zoning Code which states
that "Before any variance is granted it shall be shown that special
circumstances are attached to the property which do not generally
apply to other property in the neighborhood." He felt this did not
apply to this property. He stated the Hospital could have asked to
have the property rezoned. Also, he said they could have used the
right of emminent domain to obtain it. He asked that the Board consider
the sections of the law he had quoted before making a decision. He
asked why the grassland area immediately off College could not be used
for these purposes. He thought the granting of the "variance" would
permit and cause an eroding of adjacent properties. He also felt
that parties with rezoning petitions before the Planning Commission
would use this as a spring -board.
Hugh Kincaid spoke next. He cited a matter of legislative construction.
R-2 specifically permits day nurseries on appeal to the Board of
• Adjustment. It is noticeably absent from the R-1 districts. He
considered the omission intentional. Where the ordinance states
the use "would not unreasonably congest traffic, endanger public
safety, or in some way be injurious to the stability and residential
character of the neighborhood," he felt the word unreasonably only
applied to congesting traffic. He stated the people took great pride
in their neighborhood and wish to retain what they have. He considered
this in effect a request for rezoning.
Bil Murphy stated that he was the one who had chosen to file for an
exception as he considered this the swiftest way. The Hospital has
the power to condemn, but is trying to be good neighbors. This was
their reason for filing the application.
Walter Brown said he felt the Hospital should solve the day care
center and parking problem by using the land they have. He also
felt the Bullington property should have been appraised.
The County has never applied to the City for a Building Permit.
Roy Clinton said he is not sure what kind of jurisdiction the Board
has on this. He is unsure if this is a request for a zoning measure
or for a usage.
Marshall Carlisle said the Hospital is doing what they think best;
the situation is desperate. They consulted Harold Lieberenz on the
• matter.
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Ma. Estes told Walter Brown the property was acquired around July, 1969.
• The land acquisition was paid through building and depreciation funds,
not operating funds, and did not affect hospital rates charged.
No one else had any comments to make, so the public hearing was closed.
There followed a discussion by the Board members as to the jurisdiction
in the case. Carl Yates said he felt the day care center would not
change the residential character of the neighborhood as much as the
parking lot would. J. F. Palmer remarked that the North Street area
from Woolsey Avenue to College Avenue is deteriorating. He could see
the need; but does the Board have the authority to act on -the matter?
Carl Yates asked the status of the new land use map. Wesley Howe told
him it is supposed to be received momentarily.
Roy Clinton remarked that the Missouri Supreme Court has ruled that a
county hospital does not have to obtain a building permit. Mr. Clinton
said he thought they should have gone through condemnation processes.
Chairman Robinson questioned if in effect the Board was not being asked
to rezone property.
It was decided to meet again Friday, January 302 at 10:00 A.M. to further
consider the case.
• The meeting adjourned at 12:00 noon.
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