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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. 356-2 1-26-70 -2- 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 1-26-70 -3- 357-2 • 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. 358-2 1-26-70 -4- 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. Ll