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HomeMy WebLinkAbout1963-02-12 Minutes144 MINUTES OF A CITY PLANNING COMMISSION MEETING • The Fayetteville City Planning Commission met in a special meeting at 3:30 p.m. on I Tuesday, February 12, 1963, in the City Council Room'in the City Administration Building. Members present: J. F. Palmer, Suzanne Lighton, Hugh Stubblefield, Bryan Walker, Clark McClinton and George Caudle. Members absent: Paul Young, Bill Dalton and Henry Shreve. J. F. Palmer, Chairman of the Planning Commission, called the meeting to order. The Chairman reported that the purpose of the meeting was to hold a public hearing to hear and consider the rezoning petition of Austin Parish and Ethel Parish, husband and wife, who were acting in their own behalf as well as in the behalf of Julius Hellums, Elizabeth Hellums and W. H. Falls, Chairman Palmer requested the secretary of the Planning Commission to read the petition in which property east off Garland Avenue and approximately 105 feet, more or less, south of the University of Arkansas Experimental Farm was petitioned to be rezoned from R-lA Single Family Residential District to I-lA Light Industrial District. The Chair man reported that a petition from protesting persons had been submitted with approxi- mately 70 signatures. Mr. Palmer read the heading of the petition of the opposition. After the acknowledgment of the petition of the opposition, the Chairman declared the hearing open for discussion and that those opposing the rezoning would be heard. Mrs. Norman DeMarco, who lives at 1134 North Maxwell Drive, stated her objections to the time at which public hearings were held. She pointed out that few people • could attend this meeting because of the time element. As far as the change in zoning was concerned, Mrs. DeMarco said this small industrial zone placed in and surrounded on three sides by residential zones was too spotty. She questioned the need for even a light industrial zone; however a larger area to be rezoned she claimed would be better and look better. Mrs. DeMarco said that this change did not look like far sighted planning as the present neighborhood would be changed and the rural areas would be spoiled should the petitioned area be zoned for industry. Mrs. Z. L. Thomas, whose property is outside the city but adjoins to the east the property in question, remarked that she and her husband have a nice brick home upon their property. Their house would be only a few feet from the fence of the petitioners' property; therefore:.she was very much opposed to the change in zoning. Mrs. A. T. Parker owns property south of the property in question. Mrs. Parker said her property was recently annexed to the City of Fayetteville; therefore she was now within the city limits. She stated that she was against the rezoning proposal and she agreed with Mrs. DeMarco's statements. Mr. Orland Maxfield, 533 North Willow Avenue, told the Planning Commission members that although his own property was not directly affected, he felt that due to his occupation (teaches at the University of Arkansas subjects dealing with planning) and his being a mident of Fayetteville for about 17 years he owed it to himself and to his fellow residents to attend more of the Planning Commission's meetings. • There was some question as to whether or not Mr. Maxfield was involved in this rezoning proposal. Mrs. DeMarco maintained it was her duty and the duty of her neighbors to act as residents in their own interests and in the best interests of the city. She 145 emphasized that regardless of where a person lived within the city, he had the right to voice his opinion of that which would affect the city within which he resides. • Mr. Maxfield agreed with Mrs. DeYarco and then continued. He said that industry in Fayetteville seemed more prevalent in the southern portion of the city and more closely associated with the railroad. He remarked that the zoning rap indicated there are large areas to the south termed O-1 Open Land; adjacent to these.large areas are areas already zoned to permit industry. Mr. Maxfield said that Fayetteville's growth should be more organized and he said perhaps Fayette -i ville should have an industrial park. Should the area petitioned for a change in zoning be rezoned to permit light industry, this industrial zone might eventually and gradually be extended, and an industrial area in the northern part of Fayetteville where such area does not now exist would be started. Mr. Maxfield said a traffic problem would be created. He mentioned the proposed by-pass and cited several problems which might occur. The Chairman reported that those in favor of the change in zoning would now have an opportunity to be heard. Mr. Lynn Smith, West Deane Street, told the Planning Commission that he had no objections to the proposed charge in zoning. He was of the opinion that uo damage was to be incurred. Mr. Austin Parish, one of the petitioners, requested time to explain for what purpose and why he and others had petitioned for the rezoning from R-lA to I-lA of the area in question. Mr. Parish pointed out that this property is not des- irable for residential use as thought because of the flat terrain which collects • and holds moisture. The land, Mr. Parish added, has been available for some time and during that time was not purchased but was permitted to be covered with brush and sage grass. Developing the area would be a vast improvement over the way it now exists. Mr. Parish informed those who attended this hearing that the property had been outside the city limits for years as the owners protested to it being brought with- in the city limits. He said that this property, should it have remained outside the city limits, would have been open for any use, and the Ozarks Electric Cooperative, however, did not desire to use such means to obtain property. Mr. Parish said that two contracts had been entered into: One between the property owners of the land and himself (and wife) and the other between Ozarks Electric Cooperative and himself (and wife). Ozarks Electric Cooperative would purchase the property subject to it being rezoned for industry. Mr. Parish briefly narrated the reasoning of the Ozarks Electric Cooperative. For the past two years the idea of moving from the present location (corner of Center Street and Church Avenue) had been persued. Several properties had been looked at and checked into, but this property in question more nearly suited the purposes of the corporation. Trucks deliver more and more of the materials used by Ozarks Electric Cooperative; therefore being in a location accessible to the railroad is not essential. As a great deal of the operations are on north, this location would be within the territory of the Ozarks Electric Cooperative and would be within a more reasonable location. The traffic and parking problems which caused concern at the present location would no longer be a severe problem because of the increase of lot area and the outlet afforded by Highway No. 112. • He commented on the fact that the University of Arkansas favored this light industrial zone. Because of the odors of the livestock and flies from the barns, 146 residential use would not be suitable; however the use to which the Ozarks Electric Cooperative would put the lot would be more desirable. The rezoning, • therefore was highly commended by the University of Arkansas. Clark McClinton inquired as to whether or not this proposed operations center of the Ozarks Electric Cooperative would be similar to that of the Southwestern Electric Power Company on Highway No. 180. Mr. Parish's reply was that the two would be similar. Suzanne Lighton asked Mr. Parish where, approximately, would the proposed buildings be erected. Mr. Parish said the buildings would be more or less centrally located upon the property. Miss Lighton inquired what was to be done with the property to the south which was also included in the petition. Mr. Parish replied that this land was to be used for another business --a bakery. Mr. Orland Maxfield pointed out that although the Southwestern Power Company's operations center was not offensive, he would not like to live within sight of it. Mr. Maxfield added that such use would not be consistent with the orderly and systematic development of the existing uses in the vicinity of the property in question. Virginia Bowers, 1907 North Garland Avenue, remarked that she does not live far from the University of Arkansas Experimental Farm. She said she had been annoyed by flies but never by any odors. Suzanne Lighton said she had received a telephone call from John Vinzant who requested she state that he opposed the rezoning. He was unable to attend the hearing. • Mr. Austin Parish stated that he felt the proposed use of the property should have effect upon as few people as possible. He claimed that the use proposed by the Ozarks Electric Cooperative was not similar to other light industries within the city of Fayetteville; therefore it did not fit in the light industrial zones. Bill Torres, representative of the Ozarks Electric Cooperative, stated a local architect would design the buildings tO fit the needs of the corporation. He said that buildings would be erected for the storage of the vehicles. Mr. Torres re- marked that the hazardous traffic problem which the signers of the petition submit- ted to the Planning Commission (mentioned earlier) implied would be created actually would become less hazardous. The vehicles of the company must now pass by almost all the schools within Fayetteville; however at the proposed location the routes would be changed and the number of city streets traveled would decrease. Once the bypass is in use only a very limited number of city streets would be used. Mr. Torres emphasized that the proposed location would greatly help and not make worse the traffic problem. A. D. McAllister, Jr., attorney representing petitioners, stated he wished to make known an error which had been made in the drawings of the area petitioned to be rezoned. Mr. McAllister was informed that the error was known and corrected draw ings had been mailed to the Planning Commission members. Mr. McAllister continued. He pointed out that according to the law, any land newly annexed to the city auto- matically becomes zoned R-lA Single Family Residential District. He said he realiz- ed that the question had two sides; however the property owner has the right to use • his property for a use which would best suit his potential needs. Mr. McAllister said that in his opinion the University of Arkansas should be the party most likely to object to the change in zoning and such was not the case. 147 Charles Phillips told those present his opinion of the rezoning; not only the petition now being considered, but also that of Tom Comley and J. W. Eoff. • (George Caudle arrived at the hearing at this time.) Mr. Orland Maxfield was very disturbed by A. D. McAllisterts remark concerning the rights of property owners. Mr. Maxfield said that property consisted of rights given a person over an object by society, and a person does not have the right to to with his property as he sees fit. A. D. McAllister explained his previous statement. He said a person should have a right to do with his property waht he can do under the law if his action does not damage his neighbor and by neighbor he had reference to the adjoining neighbor. Lynn Smith said that this zoning change would give Fayetteville another opportunity for growth and development. There were no additional facts which could be given at this time; therefore the Chairman reported that the purpose of the hearing having been accomplished, the hearing was over. The Planning Commission members met after the hearing. A few members wanted more time to consider the petition for a change in zoning; therefore Suzanne Lighton moved that the Planning Commission defer action on the petition of Austin Parish and Ethel Parish, husband and wife, until a later date. The motion was seconded by Clark McClinton and passed unanimously. The meeting was adjourned. • LA Resnectfully submitted_ Date: �aht�i 5, /9103 • c•ry ccntcrs ,. 0 Ciry ..00v �; •-� , Unl/TS f , r University of Arkansas N ;� Experimental Fad a a �zv ,°,Ca fry sv W; 240 e.ryuis�, En Cc ry c inic rs R-� e^� Public Street "' - Not Op � y U) I U) � U Ccry S Rudolph R -JB Subaivision c I o 1 I Davis Street R -1B T%4 Area petit- ioned to be rezoned from R-lA Single Family Residential District to I -1A Light Industrial District. Public hearing tbe held ebrua 12 1 Go I P-lA