HomeMy WebLinkAbout1963-09-24 Minutes•
U3.
MINUTES OF A CITY PLANNING COMMISSION MEETING
The Fayetteville City Planning Commission met in a special session at 4:00 P.M. in
the City Council Chambers in the City Administration Building on Tuesday,
September 24, 1963.
Members present: J. F. Palmer, Suzanne Lighton, Bryan Walker, Hugh Stubblefield,
George Caudle, Henry Shreve and Bill Dalton.
Others present: Peter G.
Estes, attorney; Lewis Jones,
attorney;
Harold
E. Lieberenz,
City Building Inspector;
and about 15 persons who were
interested
in the
petition.
Chairman J. F. Palmer called the meeting to order. Mr. Palmer reported that the
purpose of the hearing was to hear and consider the rezoning petition of Julius
Hellums and Elizabeth Hellums, husband and wife, who requested the rezoning from
R-lA Single Family Residential District to I-lA Light Industrial District of that
real estate south of the north city limits boundry, north of property which has recently
been rezoned for church use and east of Garland Avenue (Highway No. 112).
Chairman Plamer declared the hearing open for discussion and he requested that those
persons in favor of the rezoning be heard.
Peter G. Estes, attorney representing the petitioners, stated that some time ago the
REA had petitioned for the rezoning of the real estate now in question and additional
real estate to the south. At that time the Planning Commission granted the request
• of the petitioners. Since that time, Mr. Estes said, the area has changed considerably.
To the north is property owned by Mr. J. Frank Prince who operates an auto repair shop.
Mr. Estes filed with the Planning Commission a letter signed by Mr. and Mrs. J. Frank
Prince. In the letter Mr. and Mrs. Prince stated they felt the land within the
vicinity was much better suited for light industry than for residential use; hence they
favored the rezoning.
The attorney continued. Mr. Estes said north of the Prince property is the University
of Arkansas experimental farm. Mr. Estes called to the Planning Commission's attention
the opinion of the University of Arkansas officials as stated in a letter introduced
at the public hearing of February 12, 1963, The University of Arkansas felt a buffer
zone as afforded by this I-lA zone between the experimental farm and the residential
area would be desirable.
To the south of the real estate petitioned for rezoning is property which has recently
been rezoned for church use. Mr. Estes submitted a letter from'the congregation of
the Calvary Assemblies of God Church and signed by Mary R. Branham, Pastor. The letter
dated September 19, 1963, contained a statement making known the congregation had no
objection to the rezoning of real estate in question.
South of the church is property owned by Mr, and Mrs. A. T. Parker. Their land is
open with the exception of a few small houses in a cluster. To the east is property
owned by Mr. and Mrs. Z. L. Thomas. The Thomas property is outside the city limits;
therefore they are not governed by zoning.
Mr. Estes said several building contractors had been contacted. The builders did not
• consider the property suitable for residential development because the land is too
wet and low and a drainage problem prevails. In conclusion Mr. Estes told the Planning
Commission that he felt it was a question of whether the land was suitable for a light
industrial zone or a residential zone.
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George Caudle arrived at the meeting.
• There was no one else present to speak in favor of the petition for rezoning. The
Chairman declared the hearing open for discussion and those who wished to make known
their objections would be heard.
Bill Dalton arrived.
Ns. Lewis Jones, attorney for the protestants, said regardless of how many people
were reported to favor the zoning change, he was at the hearing to represent a
number of people who opposed the rezoning.
Mr. Jones said many homes had been built in the area and by all indications more
homes will be built. Mr. Jones remarked that the zoning map showed a large area
had been set aside for heavy industrial use and smaller more centralized areas for
light industrial use. Mr. Jones said that with the exceptions of a few areas
Fayetteville has no slum areas. The planning and zoning in Fayetteville is drill
young, but drastic action would cause damage which could result in a blight area.
It was Mr. Jones' opinion that a professional planner would not favor this rezoning.
Again Mr. Jones stated that not all the people who objected left as rumored. Also,
the only circumstances, according to Mr. Jones, which had changed was the property
south of the real estate in question had been rezoned to permit church use. He
stated that the people did not have any objections to the church, but did have to
the I-lA zone.
In reply to a comment about Mr. and Mrs. Z. L. Thomas being able to do what they
• wanted with their property, Mr. Jones reminded those present of the Jurisdiction Map.
Also, Mr. Jones pointed out that as long as the University of Arkansas operated the
experimental farm there would be only a few small pieces of land available for
industry.
Orland Maxfield, 533 North Willow, said he heartily endorsed Mr. Jones' remarks.
He said although he does not live immediately adjacent to the property in question,
he was concerned whether the rezoning request was in the best interest of the
City of Fayetteville. He commented on his lack of understanding why the land was
more valuable zoned for industry rather than for residences.
At this point Suzanne Lighton asked if the petitioners specified the use for
which the property would be used. Mr. Estes said there was no specific use in
mind. Mr. Estes said there was no point in contacting anyone until the property
were rezoned. No purchasers have been contacted.
Mrs. Z. L. Thomas said they had built a new 5 room house on their property which
is located east of the real estate in question. She felt that the land was
suitable for residential use.
Virginia Bowers, 1907 North Garland Avenue, said that there were houses all
around and the houses are built upon the same type of land.
Mrs. A. J. Marty, 1766 Janice, lives south and west of the real estate in question.
Mrs. Marty wanted to know who had said the land was unsuitable for residential
development and their basis for the statement.,
• Mr. Z. L. Thomas remarked.that to build his new house he obtained a federal loan
through Federal Building & Loan. He did not think the loan company would have
financed his house unless the land were suitable for residential use.
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Dir. A. J, Marty, 1766 Janice, said he had talked to over 20 people who objected
• to the proposed rezoning. These people could not be present because they were
working.
There being no further discussion, the Chairman thanked those who attended the
meeting for their interest and time. Dir. Palmer declared that the public hearing
having been accomplished, the meeting was adjourned.
After the public hearing, the Planning Commission members met to take action upon
the petition for rezoning. Bill Dalton moved that the Planning Commission recommend to
the City Council the rezoning from R-lA Single Family Residential District to I-lA
Light Industrial District of that property described as: A part of Lot Four (4)
in Evins Farm, as designated upon the recorded plat of said subdivision filed
March 22, 1907 and recorded in Plat Book, Page 53, in the office of the Circuit Clerk
and Ex -Officio Recorder for Washington County, Arkansas, being more particularly
described as beginning 104 feet south of the Northwest Corner of the Northwest
Quarter (DRI -4') of the Southwest Quarter (SPTw) of Section 4, Township 16 .North, Range
30 West of the Fifth Principal Meridian, thence South 556 feet; thence East 660
feet; thence North 556 feet to the Southeast corner of the lands heretofore conveyed
to William J. Prince and Betty Lou Prince by W. H. Falls and Nettie Falls, by
warranty deed dated July 20, 1955, and recorded in Deed Record Book 477, at Page 184,
in the office of the Circuit Clerk and Ex -Officio Recorder for Washington County,
Arkansas; thence West 660 feet to the point of beginning, and less that portion lying
in right-of-way of State Highway No. 112 as presently located, and subject to an
easement for roadway Ten (10) feet of equal and uniform width on the South and East
side of said property as reflicted on the above-mentioned plat. Hugh Stubblefield
seconded the motion. Upon roll call the following vote was recorded: Dalton,
• Stubblefield, Caudle "Aye"; Lighton, Shreve, Palmer "Nay" and Walker abstained.
There being three "Ayes", three "Nays" and one abstaining vote, the chairman declared
the vote'was tied, and therefore the motion failed to carry.
RESOLUTION PC 17-63
WHEREAS,
a public hearing was held by the City
Planning Commission on September 24,
1963, to
hear and consider the
rezoning petition of Julius and Elizabeth Hellums,
husband
and wife, within which
said petitioners
requested the rezoning from R-lA
to I-lA
of real estate south of
the north city
limits boundary, north of property
which has
recently been rezoned
for church use
and east of Orland Avenue; and .
WHEREAS, after the public hearing, the Planning Commission voted to take action upon
the petition and requested that said vote be made known to the City Council,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY PLANNING COMMISSION OF THE CITY OF
FAYETTEVILLE, ARKANSAS.
SECTION 1. That the following action was taken: Bill Dalton moved that the Planning
Commission recommend to the City Council the rezoning from R-lA Single Fami7,y
Residential District to 3-lA Light Industrial District of said real estate. Hugh
Stubblefield seconded the motion. Upon roll call the following vote was recorded:
Dalton, Stubblefield, Caudle "Aye"; Lighton, Shreve, Palmer "Nay"; Walker abstained.
• There being three "Ayes", three"Kays" and one abstaining vote, the chairman declared
—the -vote tied, and therefore the motion failed to carry.
PASSED AND.APPROVED THIS ��ay of
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There was no additional discussion; the meeting was adjourned.
•
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Respectfully submitted,
S re ary
Date: