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HomeMy WebLinkAbout1962-03-13 MinutesM MINUTES OF THE FAYETTEVILLE CITY PLANNING COMMISSION • The City Planning Commission of Fayetteville, Arkansas, met in a special meeting on Tuesday, March 13, 1962, at 4:00 p.me in the City Council Room in the City Administration Building. Present: Mr. Palmer, Miss Lighton, Dir. Walker, Mr. Young, Mr. Shreve, Mr. Stubble - filed and Alderman Carter Short. Absent: Mr. Dalton, Mr. McClinton and Mr. Caudle. The Chairman reported that the purpose of the meeting was to hold a public hearing to consider the rezoning of that area west from Pollard Avenue to Woolsey Avenue and from North Street south to Pike Street and more particularly described as: lots 1, 2, 3, 14, 15 and 16 of Block 1; lots 1 through 5 of Block %; and lots 1 through 5 of Block 8, all lots being located in A. L. Trent's Revised Plat of City Park Addition to the City of Fayetteville, Arkansas. This area is proposed to be rezoning from R -1B Single Family Residential District to R -P Professional Office Residential District. The Chairman declared the hearing open for discussion and requested those present who wanted to comment on the rezoning proposal to state their name and address. Dir. Paul Jameson, 1001 North Park Avenue—Mr. Jameson asked the Planning Commissim if anyone had Sled a petition requesting that this change in zoning be made. Mr. Palmer, Chairman of the Planning Commission said that the City Council had requested a study and recommendation be made of the area by the Planning Commission. Mr. Jameson reviewed Ordinance No. 1284, passed and approved January 22, 1962, by the City Council. He stated what could be constructed in an R -P Professional Office and Residential District, and he read the off -street -parking requirements. He felt that not only the area proposed to be rezoned, but also the neighboring area would be damaged by the rezoning which would allow the construction of doctorst offices. He said that Fayetteville had more business than residential districts. Dir. Jameson, on behalf of the property owners in the area, filed a petition with the secretary of the Planning Commission signed by eighty (80) persons in protest to the proposed rezoning. He stated that the welfare of the general public should be considered and not just the welfare of a few. Mr. Fred Stevenson, 830 Park Avenue—Mr. Stevenson stated thatthis was the second time the property owners had to appear in protest of the rezoning of their pro- perty; the first time being when Dr. Joe Hall petitioned for the rezoning of this same area so that he could build a doctor's office. He mentioned that when Dr. Hall's petition for the rezoning of the area was denied, Dr. Hall built his present clinic ,just north of Trenton Boulevard. Mr. Stevenson pointed out that at that time there were very few places available for doctorst offices but that present zoning provides several places in which doctors could build offices with- out rezoning. Mr. Bob McFeeters, 923 Woolsey Avenue --Mr. McFeeters wanted to know if the Plan- ning Commission had the poorer to rezone the property if the majority of the pro- perty owners opposed the rezoning. Chairman Palmer and others of the Planning Commission explained that the opinion of the property owners has considerable 88 Minutes of march 13, 1962 weight but that technically the Planning Commission has the authority and • obligation to recommend to the City Council that any rezoning under study be approved or disapproved and the City Council then takes final action. Mr. J. D. Eagle was present to represent his sister. He said that Mr. McFeeters had probably stated what the people present wanted to know. Mr. Carl Rose, 934 Park Avenue—Mr. Rose stated he had lived on College Avenue when he first moved to Fayetteville, but he thought Park Avenue was more desir- able. His property line is about 125 feet from Pike Street. Mr. Hose was con- cerned about the parking problem. There was a lack of parking space and if the area were rezoned to permit doctors' offices, the parking problem would be in- creased. Mr. Emory Gose, 316 Adams --Mr. Gose said he was a former member of the Planning Commission and was familar with their problens. He,however, was concerned about the property value and the beautification of the area. He felt that the rezon- ing of the area would be detrimental to the residences. He said the value of the charm of Fayetteville would be greater than the cost to put business elsewhere if College Avenue could be restored and he did not want to see the streets in the area become more "College Avenues.' Mr. 0. H. Gamble, 847 Park Avenue --hr. Gamble said that a party had purchased two lots in the 900 block and had planned to build a home, but the party was hesitant because of the possibility that the area would be rezoned. • Mr. Roy Allen, 311 West North Street—Mr. Allen does not feel that the area needs to be rezoned. He thought Fayetteville should do more long range planning. He said that the property owners like to feel their property is being protected by planning so that an area once zoned would remain for 25 or 30 years. 40 Mr. Huey Bullington, 1036 North Highland—He owns property across from the hospital. The property under the old zoning regulations was zoned to permit doctors' offices. Mr. Walker pointed out that the area was zoned C Residential and did permit doctors' offices. Mr. Bullington said that his property had been rezoned, when he did not know, but that he could not now build the doctor's clinic he had proposed. Dr. J. D. Mashburn, 236 Oakwood—Dr. Mashburn owns property in the area. He felt that doctors' offices should be located as close to the hospital as possible. He stated he had already built on East Dickson Street and that his building had helped enhance the property around his new office building. He said the archi- tect had saved trees at expense in order to protect the looks of the property. Dr. Mashburn pointed out that North Street may some day connect Highway 112, Highway 71 North and Highway 45 East. He said he would rather see nice doctors' offices constructed in the area than other commercial buildings which could be expected to develop along the highway. He stated that doctors do better near shopping centers or in residential districts. The doctor stated that his home was not far from the Evelyn Hills Shopping Center and that he felt that the shopping center did not degrade his property. Mr. Gose mentioned that according to the Major Street Plan and the desire of the Planning Commission, North Street was undesirable as a thoroughfare. li m Minutes of March 13, 1962 Mr. Hugh Kincaid, 944 Park Avenue—Mr. Kincaid requested that the zoning be left as is in the respective neighborhoods. Mr. Walter Brown, 1138 North Vandeventer—Mr. Brown said that he agreed with Dr. Mashburn to a certain extent. He thinks that a zone in which doctors, offices can be built should be created but not in this area. Mss. Gamble felt that an area for residential use only should be maintained. Mr. Palmer, Chairman of the Planning Commission, presented a letter from Mrs. Hubert R. Cowan. Mrs. Cowan protested the rezoning. There was no further discussion. The Chairman thanked the public for participating in the hearing and showing their interest by attending the meeting. The Chairman reported that the purpose of the public hearing having been accomplished, the public hearing was adjourned. The Chairman declared the Planning Commission in executive session. After discussion Mr. Stubblefield moved that the Planning Commission recommend to the City Council that the area west from Pollard Avenue to Woolsey Avenue and from North Street south to Pike Street and more particularly described as: lots 1, 2, 3, 14, 15 and 16 0£ Block 1; lots 1 through 5 of Block 7; and lots 1 through 5 of Block 8, all lots being located in A. L. Trent's Revised Plat of City Park Addition to the City of Fayetteville, Arkansas, not be rezoned from R -1B Single Family Residential District to R -P Professional Office Residential District. Mr. Shreve seconded the motion and upon roll call the following vote was recorded: Shreve, Stubblefield, Young and • Walker "Yes" and Lighton "No". There being four "Yeses" and one "No" the chairman declared the motion passed. Miss Lighton moved that the Planning Commission accept the wording of the contract between the subdivider and the City of Fayetteville as written in the attached copy. The motion was seconded by Mr. Shreve and passed unanimously. The Chairman referred to the Zone Revision Committee for study and recommendation at the public hearing to be held March 30, 1962, the rezoning of an area on Church Avenue as petitioned by Mrs. Mary Bessie Blake and Mr. and Mrs. E. E. Osburn and the rezoning of an area on the corners of Oliver and Maple and Maple and Razorback as petitioned by Mr. Humphrey Heasty and Mr. Tom Featharc There was no further business, so the meeting was DATE: 0 • `iWa Aztec /3, / 9l -3� C O N T R A C T Comes now , hereinafter known as the Subdivider, and the City of Fayetteville, Arkansas, a Municipal Corporation, hereinafter known as the City, and enter into the following,contract, to -wit: WITNESSETH That for and in consideration of the hereinafter mentioned covenants, promises, and conditions, the City agrees to accept and approve the Final Plat of the following described territory: (Description or name of Subdivision) prior to and in advance of the installation of the improvements required by Fayetteville Ordinance No. 1245, Section 5, Paragraphs A through F, with the • understanding and agreement by the Subdivider that he will install the required improvements designated in the above-mentioned Ordinance on the property located in the above-described territory, within from the date when the building permits are issued. The Subdivider hereby covenants and agrees that if he should fail to comply with the terms of this contract, the City may then install the required improvements and charge the cost to the Subdivider, plus interest at a rate of 8% per annum, and that this contract then will constitute a lien in favor of the City of the real estate located within the subdivision, to secure payment of the amount spent by the City in providing the improvements. In such case, the City hereby agrees that it will release said lien on any individual lot in the subdivision upon payment of that lot's proportionate share of the City's cost in making the improvement. This proportionate Is share per lot shall be determined by the lot's proportionate ad valorem assessment (less building improvements). 2. isWitness our hands and seals on this _ day of , 19_0 SUBDIVIDER MAYOR and/or CITY CLERK I:t�Y��C@��IiIDOTVIuIMU STATE OF ARKANSAS ) COUNTY OF WASHINGTON) ss. BE IT REMEMBERED, that on this day came before the undersigned, a within and for the County aforesaid, duly commissioned and acting , Subdivider, and , Mayor and/or City Clerk of the City of Fayetteville, Arkansas, that are known as the parties in the fore- going Contract, and stated that they had executed the same for the • consideration and purposes therein mentioned and set forth. Witness my hand and seal as such this day of , 19_0 My Commission Expires: