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HomeMy WebLinkAbout1966-03-01 Minutesr1 U MINUTES OF A CITY PLANNING COMMISSION MEETING The City Planning Commission met in a regular session Tuesday, March 1,1966, in the Directors' Room in the City Administration Building. Members present: Clark McClinton, Bill Dalton, Wade Fincher, Allan Gilbert, Bryan Walker, James Mashburn and Ernest Jacks. Members absent: Henry Shreve and Byron Boyd. Others present: J. A. Vizzier, consulting planner; Huey Bullington, petitioner; Walter Niblock, attorney for petitioner; Paul Jameson, attorney for opponents and 30 persons interested in the two petitions for amendments to the zoning district map. The meeting was called to order by Chairman Clark McClinton. The Chairman reported the purpose of the meeting was to hold two public hearings and a regular business meeting. Chairman McClinton asked that the petition of Huey Bullington and Roy Adams for the rezoning from R -IB to C-2 of all lots in Block 8 of A. L. Trent's Revised Plat of City Park Addition to the City of Fayetteville, Arkansas, be presented. First the proponents and then the opponents were asked to speak. • HUEY BULLINGTON (1306 Highland Avenue) petitioner, talked about the property he owns across from the Washington General Hospital. He said there was almost 1 acre included in the petition for a change in zoning. Mr. Burlington felt there was a need for doctorst offices in Fayetteville and across from the hospital was an ideal location. The hospital is being expanded. To make the best use of the hospital facilities the property described within the petition needs to be zoned and used for doctors' offices. Mr. Bullington told the Planning Commission that several years ago the property was zoned to permit doctors' offices. He bought the property with this use in mind. The curbing in front of the property was never installed on North Street because the property was to shortly be developed for offices of doctors. Mr. Bollington stated that when the zoning map was changed the last time (1960), the zoning of his property to permit doctors' offices was unintentionally omitted. WALTER NIBLOCK, attorney for petitioner, said he had only a few statements to make in addition to Mr. Bullington's. Mr. Niblock showed plans which had been prepared by Belle Dinwiddie and dated September 15, 1955. Dr. Richard Miller was to occupy one of the offices. Doctor Miller had even gone so far as to pay for a 10 year lease in advance. Doctor Miller died before the building was started and after his death the project tempbrarily came to a halt. From 1947 to 1960 the property in question was zoned "C Multiple Family Residence District." This zoning district permitted doctors, offices. Mr. Niblock said the property Mr. Bullington still owns should still be zoned for doctors' offices. 0 A5 The opponents were given an opportunity to speak. • PAUL JAMESON (1001 Park Street) spoke as an interested property owner as well as in behalf of others. Mr. Jameson read the heading of a petition which had been signed by 161 protestants who opposed the change in zoning classification proposed by Huey Hullington and Roy Adams. An original and four copies of the petition.had been circulated. These were filed with the, planning office. Mr. Jameson pointed out there were a number of rights and interests which had to be taken into consideration by the Planning Commission. First, there are the rights of the petitioner; second, there are the rights of 161 protestants; and thirds there are the rights of the general public, namely the City of Fayetteville. The purpose of zoning is to provide for orderly growth, to preserve existing property values, to provide areas for restrictive residential use, to provide areas for commercial uses and to provide other areas for heavy industrial use. Mr. Jameson said the area sought to be rezoned is part of the most centrally located and exclusive residential neighborhood in Fayetteville. It is second only to the new residential areas to the west. It has been a residential area for a good many years. As for the petitioner having plans drawn and talking about the zoning maps adopted, the petitioner and his attorney know about the zoning of the area. Mr. Jameson said the zoning had upon other occasions been called to the • Planning Commission's attention. As late as March 1962 a petition requesting a similar change was brought before the Planning Commission. This petition was denied. Mr. Jameson remarked about the investments made. He said all of Wilson -Adams Addition was built about the time of World War II, He remembered when Park Street was unpaved and remembered the paving of it, He could also remember when North Street was a dirt street. People within the area joined in the improvment district to pave it, North Street now is an east west collector. Woolsey Avenue paving was also done by contribution of the property owners. The scenic beauty of the area is its trees and plantings. Maple trees three-quarters of a century old bring people from various places to the area to see these trees. Many of these trees were planted by A. L. Trent. These aestic values should be maintained. Nice shrubs and plantings and well kept homes would disappear if the petition were granted, Mr. Jameson continued. When you have an exclusive residential area and carve out a piece and permit it to become commercial, an eroding process begins. Adjacent residential value decreases. Economic pressure causes the sale for commercial use. The people in the center of the residential area are too far from North Street to sell for commercial use. As a result, the property will not have prime value for commercial or residential use. Property will be maintained less and blight will result. If the petition is granted, it will be a short time before the commercial zone enlarges: We have prime residential area now. It is not going back, but it is going up. If protection is • continued in the zoning, the residential growth will be continued. There will be better investments and better up keep of the property. The hospital is on the north side of North Street immediately across from . the property in question. It is traditional and good planning for a hospital to be located in a quiet residential area. No property owner voiced his objections to the hospital being located there. Mr. Jameson said there now, however, is resentment of the hospital being used as a pry pole for the rezoning of Mr. Bullington's and Mr. Adams# property. Mr. Jameson commented on North Street. He pointed out that North Street is one of the few collector streets running eastmwest. It moves a lot of traffic. If the property is zoned commercial (C=2) as requested, the peititioner does not have to put doctors' offices there. By definition the CW2 zone is designed to serve the motoring public. It is located along major thoroughfares. Does the motoring public use North Street? In Mr. Jameson's opinion it did not. Mr. Jameson asked what was wanted across the street from the hospital, animal hospitals truck terminals taverns and night clubs auto agencies bus terminals cab stands auto laundries garage and auto repair skating rinks bowling alleys liquor stores grocery stores billard halls mobile or trailer courts lumber yards Any of these uses would produce more traffic. Some uses would be intolerable. Once the classification is changed that is it. There is very little rental property in the area. Almost all persons own their home. Many people have invested their life savings in homes in the area. They have looked to the City of Fayetteville for protection of their residential • investments. Mr. Jameson said it was the age old story of the rights of many verses the rights of a few. There should be some stability in zoning. People need to feel they will have some protection. Mr. Jameson said he believed the iniquities to be on the side of the opponents this time. In order for the property to remain an asset the petition ought to be denied. All commercial areas along North College Avenue are C�2 Thoroughfare: He felt the City was not over crowded with prime residential areas. The rights of the property owners, Mr. Jameson stated, could not be overlooked. Good planning practices require a buffer zone. He felt there are a number of good areas for clinics already zoned properly. Mr. Jameson asked what had happened in the area since March 1962 that would change the opinion of the Planning Commission. There had to his knowledge been no basic change. JAMES STICE (_847 Park Street) said he was born and reared on Park Street. He left Fayetteville only to return later to make it his home. He checked into the zoning before purchasing property. The property was zoned Hr1B when he bought it. At the time he felt there would be no change. He said other requests for rezoning along North Street had been made and denied. One such petition was very recent. It was a petition filed by Jerry Sweetser. Mr. Stice said he felt there was less reason for the petition now before the Planning Commission to be approved than that of Jerry Sweetser. • CARL ROSE (934 Park Street) complimented Mr. Jameson on his presentation. Mr. Rose said he had only one thing to add. A.bulldozer could in 10 to 15 minutes remove trees that had taken 50 to 75 years to grow. 15 WALTER BROWN (1138 North Vandeventer Avenue)saidhe Washington General Hospital owns all the property from Woolsey Avenue to North College Avenue, ID North Street is a collector street for residential traffic. To grant the petition would only help congest the area. Mr. Brown said after talking to Doctor Ward and other doctors he felt it would not be desirable to have doctors' offices located across from the hospital. Also, there already is a congestion problem at the hospital and a lack of off-street parking. These problems would be increased by the establishment of a doctors' clinic. Mr. Brown said he hoped a regional clinic would not be put in the area. WALTER NIBLOCK, attorney for petitioner, said along with the rights of the property owners Mr. Bullington had rights. The City Council through over- sight had subverted the petitioner's rights. He.said he had"not heard any adverse thoughts on Doctor Hauls office. Mr. Niblock said he felt the petitioner was not asking property values to decrease. If the property were rezoned it would be used for doctors' offices. Contrary to Doctor Ward's opinion, Mr. Niblock said it is becoming a very popular idea to locate doctors' offices close to the hospitals. Mr. Niblock said he was for enhancing and making property beautiful. Sometimes actions cannot be helped. Mr. Niblock told those persons present that he had to cut down a tree in his yard. The tree was estimated to be 200 years old. The tree was rotten and had become a menace. MRS. CHARLES KENT (411 North Street) asked._if there were any guarantee that could be given to the property owners. Some assurance their property would not be affected by the change in zoning. • HUGH KINCAID (944 North Park Street) said he had lived on Park Street for 30 years. He had sold property to a number of these people. People have bought homes in the area as it is prime residential in the opinion of the loan companies. All people have certain rights along the lines mentioned earlier. The change will definitely affect the property values within this area. Already sales have been affected by proposed zoning change. There being no further discussion, the Chairman declared the purpose of the public hearing on the petition of Huey Bulli Ston and Roy Adams having been accomplished, the hearing was over. The Chairman said the petition of the Planning Commission and the zoning map of the property along Highway 16 East would be considered. The hearing commenced with the Chairman asking those present to be heard. Two persons reported that they had attended the hearing out of general interest. They had no special interest in the zoning of the property. Everett Crouch was present to request the commercial zoning of his property on Highway 16 East. He planned the construction of a new service station. He said he would bring to the planning office the legal description of his property if it were needed. Another property owner was at the hearing to request the commercial zoning • of property on the north side of Highway 16 East across from the animal hospital. He had no immediate plans for commercial development. The Planning Commission had some revisions to make. The members requested • the churches be zoned P -IA (Special Church District) and asked that the school property be zoned for school use. Also some individuals had requested changes. These changes were noted on the zoning map and were asked by the Planning Commission to be made. There being no further discussion, the Chairman reported the purpose of the public hearing on the petition of the Planning Commission had been accomplished. The hearing was closed. James Mashburn arrived at the meeting. Bill Dalton moved that the Planning Commission recommend to the Board of Directors the acceptance of the zoning map of Highway 16 East with the revisions as shown on said map. The motion was seconded by Allan Gilbert and passed unanimously. RESOLUTION PC 1046 WHEREAS, a public hearing was held by the Planning Commission Tuesday, March�l, 1966, fifteen (15) days after a petition and map of property along Highway 16 East were filed in the office of the City Clerk and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; and • WHEREAS, after the hearing the Planning Commission voted to make a recommendation to the Board of Directors on the zoning district map of recently annexed territory along Highway 16 East. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING CCNMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That an ordinance be enacted for the purpose of adopting the zoning district map, dated March 1, 1966, which reflects the zoning of all property along Highway 16 East and presently located within the city limits of Fayetteville, Arkansas,,` -by the enactment of Ordinance No. 1458 on September 7, 1965. PASSED AND APPROVED this 1st day of March , 1966. ATTEST: F3**;Tdi/dI]A ERNEST JACKS, SECRETARY CLARK •CHAIRMAN After discussing the petition of Huey Bullington and Roy Adams for rezoning • from R -IB Single Family Residential District to C-2 Thoroughfare Commercial District property in Block 8 of A. L. Trent's Revised Plat of City Park Addition, Allan Gilbert moved that action on the petition not be taken at 0 49 II this meeting and that further study be made. The motion was seconded by Ernest Jacks and passed unanimously. The minutes of January 18, January 25, and February 1 were approved as written and mailed to the members. The minutes of February 15 were approved with the following correction: "The petition of John Askew for rezoning from I-2 Heavy Industrial District to C=2 Thoroughfare Commercial District was discussed. On motion by Bryan Walker, seconded by James Mashburn, the Planning Commission unanimously voted to recommend to the Board of Directors the rezoning from I-2 Heavy Industrial District to C-2 Thoroughfare Commercial District of property described as follows: A part of the NW4 of the SE4 of Section 21, Township 16 North, Range 30 West, described as follows: Beginning at a point on the East line of the original survey of State Highway (now U. S. 71) which is 26 rods and 6 links West of the NE corner of said 40 acre tract, and running, thence East 26 rods and 6 links to said 40 corner; thence South 645 feet; thence South 810 west 523.9 feet to a point on the East line of said original State Highway; thence North 80 311 East 730 feet, more or less, to the place of beginning, containing 6.09 acres, more or less, except 25 feet of equal and uniform width off the North side deeded to the City of Fayetteville for street purposes. and further recommended that J. A. Fizzier approve the traffic control within the proposed shopping center." Because of the time consumed by the public hearings the other items on the agenda were asked by the Chairman to be considered at a special meeting on Tuesday, March 22. Wade Fincher moved to adjourn. The motion was seconded by Bryan Walker and passed unanimously. The Chairman declared the meeting adjourned. ATTEST: ERNEST JACKS, SECRETARY APPROVED: CLARK C:,-MoCLINTON, CHAIRMAN