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Home My WebLink About1962-03-30 MinutesMINUTES OF FAYETTEVILLE CITY PLANNING COMMISSION • The City Planning Commission of Fayetteville, Arkansas, met in a special meeting on Friday, March 30, 1962, at 4:00 p.m. in the City Council Room in the City Administration Building. Present: Mr. Palmer, Miss Lighton, Mr. Caudle, Mr. Dalton and Mr. Young, Absent: Mr. Walker, Mr. Shreve, Mr. Stubblefield and Mr. McClinton. The Chairman reported that the purpose of the meeting was to hold a public hearing to consider the rezoning from R-3 Multi -family Residential District to C-2 Thoroughm fare Commercial District property belonging to Mary Bessie Blake and Mr, and Mrs. E. E. Osburn, said property being located on the corner of South Church Avenue and South Street, and to consider the rezoning from R-lA Single Family Residential District to R-3 Multi -family Residential District property belonging to Mr. Humphrey Heasty and Mr. Tom Feathers, said property being located on the corner of Oliver Avenue and Maple Street and on the corner of Maple Street and Razorback Road. The Chairman declared the hearing open for discussion and that those present for or against the petition for rezoning presented to the Planning Commission by Mary Bessie Blake and Mr. and Mrs. E. E. Osburn would be heard at this time. No one present spoke for or against said petition for rezoning. The Chairman reported that those present for or against the petition for rezoning presented to the Planning Commission by Mr. Tom Feathers and Mr. Humphrey Heasty • would be heard at this time. Mr. Marion E. Maddox, 460 Oliver Avenue --Mr. Maddox said he had purchased a lot in the area several years ago, and he preferred the area presently zoned R-lA remain as it is. Mr. Xzin McNeal, 1520 West Maple Street --Mr. McNeal stated he had purchased his property in 1955 or 1956 and had built his home in 1957. The property at that time was zoned for single family residences. Mr. McNeal said he would like for the area to remain zoned for single family residences. Mr. Charles E. Scharlau, 410 Oliver Avenue—Mr. Scharlau stated he had purchased property in the area the first of this year. He said that after examining the zoning ordinance that the area was zoned R-lA Single Family Residential District except a small jut which was zoned P-1 Institutional District. A petition signed by 64 persons was presented to the Planning Commission by Mr. Scharlau. Mr. Scharlau said other people in the area do not desire a change in the zoning and these people have signed the petition protesting the rezoning. Mr. Scharlau said that the rezoning of such a small area is "spot zoning" which is not desirable in planning. Mr. Scharlau pointed out that an R-3 zone would, in addition to the apartment houses, allow various home occupations which would be detrimental to the property values of the surrounding area. Another reason the rezoning is undesirable is because of the narrow streets. Oliver Avenue and Maple Street are too narrow to permit on-themstreet parking which would probably . exist. Mr. Scharlau also pointed out to those present that the zoning ordinance had been • 91 Minutes of March 30, 1962 violated. Article I% AMENDMENT, 1 Amendment Procedure for Private Parties, b. Petitions, which states "Any private party or parties desiring an amendment to the ordinance, upon payment of the above fee, shall submit to the Planning Commission a petition giving the legal description of the property involved and the zoning classification requested for the property. The petition shall also include a statement and diagram explaining why the proposed changes will not conflict with surrounding land uses", had been violated since no statement and diagram explaining why the proposed changes would not conflict with the surround- ing land uses had been included with the petition. Mr. Scharlau, however, said that this violation would be waived as far as the residents and he were concerned. Mr. Scharlau further stated that he saw no reasonthat would justify the rezoning. Mr. T. C. Carlson, 546 Gray Avenue—Mr. Carlson said he favored zoning but piece or spot zoning is not good for the city. People purchase property because of the zone in which it is located. Rezoning should be done in larger sections and for a very pressing need. He also said he hoped that the Planning Commission would not rezone the small area. Mr. Russell Benedict, 535 Oliver Avenue—Mr. Benedict said that when he purchased property in the area, the property was zoned for single family residences. Mr. Benedict said he would like to see the area remain zoned as it is. Mr. Humphrey Heasty, 1517 Ridgeway Drive—Mr. Heasty stated he was one of the petitioners who had requested the rezoning. Mr. Heasty said he was aware of the need for University housing for the increasing number of students. He would like to have his property rezoned so that he could build an apartment building • and rent the apartments to University students. Also, he said he heeded the income. Mr. Maddox said he had checked with the building inspector when he built and he learned that he could keep students in his home. He said he had three roomers now. Mr. Maddox said perhaps this statement would answer Mr. Heastyts question about others in the area having apartments. Mr. Tom Feathers, 477 North Razorback Road—Mr. Feathers said there seemed to be a misunderstanding. 'He said he had no intentions of building an apartment house in the area as some of the residents think. He said that he had housed freshman girls and that if the girls had caused anyone any problems, the people had not mentioned the problems to him. Mr. Feathers said that the reason he signed the petition was so that he could repair his existing apartment house if it were damaged. Mr. Feathers also stated that the University of Arkansas had approved the pur- chase of land from Mr. Hotz for student housing pr`upoaea..Ml. Mr. Carlson said the residents did not object to students staying in houses, but they did not care to see the property taken and rezoned for apartment houses. Mr. Carlson stated that the University of Arkansas had not approved the purchase of land from Mr. Hotz as Mr. Feathers had stated. • Mr. Scharlau pointed out that the zoning ordinance would permit Mr. Feathers to repair his apartment house if no more than 75% of the apartment house were damaged. 92 Minutes of March 30, 1962 Mr. James L. Dale, 648 Gray Avenue—lir. Dale said he built his home in 1960, and he would like to see the area remain as it is presently zoned. Miss Lighton said Mr. S. C. Dellinger had telephoned her and requested she state that he objected to the rezoning. He said he was unable to attend the meeting because of illness. Mrs. J. L. Charlton, 607 Gray Avenue—Mrs. Charlton said she would like for the area to stay zoned as it is. Mrs Young asked Mr. Feathers if the only reason he signed the petition was in - order to repair his existing apartments if damaged. Mr. Feathers said yes; he stated that he did not know that the ordinance would allow him to repair the apartments. There was no further discussion. 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. Miss Lighton moved that the Planning Commission recommend to the City Council that the area on the corner of South Church Avenue and South Street being further described as: lots 1, 2, 3 and 4 of Block 25 of Jenning*s Addition to the City of Fayetteville, be rezoned from R-3 Multi -family Residential District to C-2 Thoroughfare Commercial District. Mr. Young seconded the motion, and the motion passed unanimously. After a lengthy discussion, Miss Lighton moved that the Planning Commission recommend • to the City Council that the area petitioned for rezoning by Mr. Humphrey Heasty and Mr. Tom Feathers and said area being located on the corner of Oliver Avenue and Maple Street and on the corner of Maple Street and Razorback Road and being further described as: (Mr. Heastyfs property --Part of the NW Quarter of the NE Quarter of Section 17 in Township 16, North of Range 30 West, described as beginning at a point 30 feet south and 280 feet west of the NE corner of said 40 acre tract, thence south 95.5 feet, thence west 119 feet, thence north 95.5 feet, thence east 119 feet to the point of beginning.) (Mr. Feathers} property—Beginning at a point 30 feet south and 30 feet west of the NE corner of the NW Quarter of the NE Quarter of Section 17, Township 16 North, Range 30 West and running thence south 1661 feet, thence west 250 feet, thence north 1 feet, and thence east 250 feet to the place of beginning.), be not rezoned from R-lA Single Family Residential District to R-3 Multi -family Residential District, and that said petition be denied because the ground involved is not adaptable for apartment structures, the size of the lot in question, the location of the lot being in a single family residential area and the unanimous objection of the residents in the area. The motion was seconded by Mr. Dalton and passed unanimously. The meeting was adjourned. APPROVED: bass DATE: is I (� El 309 3 El b SOUTH STREET ARCH I BALD � � I C -Z r :D2 3 U �3 h -4 - r 3 3-30-6 a, v -v Area to be rezoned from R-3 Multi -family Resi- dential District to C-2 Thoroughfare Commercial District N