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HomeMy WebLinkAbout1966-04-19 Minutes• Q1 MINUTES OF A CITY PLANNING COMMISSION MEETING The City Planning Commission met in a special session on Tuesday, April 19, 1966, at 4:00 p.m., in the Directors' Room in the City Administration Building. Members present: Clark McClinton, Byron Boyd, Bill Dalton, Allan Gilbert, Ernest Jacks, Henry Shreve and Bryan Walker. (Dr. J. Mashburn arrived at the meeting after the completion of the hearings on the petitions and after the Planning Commission had taken action on them.) Members absent: Wade Fincher. Others present: J. A. Vizzier, planning consultant; J. F. Robinson, attorney for petitioner; Reverend Osborne, representative of petitioner, the Presbytery of Arkansas, the United Presbyterian Church, U.S.A.; and other persons interested in two petitions. Chairman McClinton called the meeting to order and stated that the purpose of the meeting was to hold hearings on two petitions - 1. The petition of the Board of Trustees, the Presbytery of Arkansas, The United Presbyterian Church, U.S.A., for the rezoning from P -IA Special Church District to R�3 Multi -Family Residential District of property on the north side of Wedington Drive. • 2. The petition of Dr. Edwin G. Dooley for the rezoning from I -1B Light Industrial District to C-1 Neighborhood Commercial District of property south of Center Street and east of University Avenue. A request had been made to take up the second petition first, and since there was no objection to so doing, the hearing on the petition of Dr. Edwin G. Dooley was held first. J. F. ROBINSON, stated that he was the attorney for Doctor Dooley, the petitioner, who lives in Fort Smith and was unable to be present at the hearing. Doctor Dooley is the owner of the property on the southeast corner of Center Street and University Avenue, and he is now in the process of selling it. Under the present zoning, the property could not be used for the type of business that will be put in at this location when the property is sold. Mr. Robinson said that under the present I -1B zoning this property could be used for a poultry processing plant, planing mill and many other undesirable industries. By rezoning the property for C-1 Neighborhood Commercial, Doctor Dooley feels that the property could be used for something that would be computable with the neighborhood and that would actually upgrade the neighborhood. Mr. A. Gilbert asked what the property would be used for when sold. Chairman McClinton read the petition for the benefit of the Commission members and others interested in the rezoning of this property. Chairman McClinton then asked if anyone had any questions they would like to • ask Mr. Robinson. A. 0. White, of the Beverly Manor Apartments which are across the street from • the property being considered for rezoning, said it was of great interest to him that this property be rezoned. He said he would welcome the laundry and grocery store in the neighborhood and also that he felt it would be helping that part of the town. Chairman McClinton asked if anyone else had anything to say in support of the petition or in opposition to the petition. Chairman McClinton stated that he had received a call from a Mr. Elmo Ritchie who objected to have a beer joint on this corner, but if C-1 zoning would not permit a beer joint on this property he had no objection to the property being rezoned. It was determined that C-1 zoning does not permit the sale of alcoholic beverages. There being no further discussion, the Chairman declared the purpose of the hearing on the petition of Dr. Edwin G. Doolwy having been accomplished the hearing was closed. Chairman McClinton then opened the hearing on the petition of the Board of Trustees of the Presbytery of Arkansas, United States Presbyterian Church, U.S.A., by reading the petition for rezoning. REVEREND ROBERT OSBORNE, of the Board of Trustees of the Presbytery of Arkansas, United States Presbyterian Church, U.S.A., and minister of the church to be built on the site in question, spoke in behalf of the petitioners. Reverend Osborne stated that the Presbytery of Arkansas had purchased 9.15 acres of • land for the purpose of erecting a church. Development of the church, which will seat 600 persons, and parking facilities is presently underway. After the architect's plans for the building were completed, it was found that the whole 9.15 acres would not be needed for the construction of the church building and parking lot. Reverend Osborne said that the church would like to sell part of this land and asked that the area be rezoned R-3 to permit the construction of multi- family units in that area. Reverend.Osborne showed the plans of the proposed apartment complex and stated that the church feels that this type of apartment complex would not be down -grading to the neighborhood, but would be of benefit to the City of Fayetteville as well as to the immediate neighborhood. Chairman McClinton asked if anyone had any questions or if anyons else had anything to say in support of the petition. MR. EARL EVANS, a partner in the project to develop the apartment complex, said the developers had tried to design something that would be a credit to the community. They had also designed the apartment buildings in a way which would keep the flow of traffic in the area to a minimum. MR. VERNON WILSON, owner of property east of Garland Avenue, spoke in favor of the petition for rezoning. Chairman McClinton asked if anyone present wanted to speak in opposition to • the petition. N DR. PRESTON HATHCOCK spoke in opposition to the petition. He said he had gone along with the rezoning of the area for building the church, but that he opposed the change in zoning which would permit the church to well its property and the construction of an apartment complex on the site. J. W. GABEL, 949 Hall Avenue, stated that he was definitely opposed to the rezoning and that he felt it was wrong for a church to ask for the rezoning. In his opinion, the apartments would not help the neighborhood. Mr. Gabel said he felt that the Skull Creek Complex would be adequate to take care of the housing needs in that area for some time. GLEN ROSE, 927 Hall Avenue, speaking in opposition to the petition, also said that he felt the church should not ask for the rezoning for one purpose and then ask for rezoning for another purpose. He said he felt that this apartment complex would mean more traffic on the streets and would be a detriment to the homes that the people in that area had built to live in for the rest of their lives. CAPTAIN W. M. COPPER, 1356 Stephens Avenue, opposed the rezoning because of cars that will be parking in the area around the apartments and also because of the beer cans that will litter the area. He stated that at the time he built his house in this neighborhood he was told that the area was only for single family swellings. Since that time a house has been rented to college students. JOHN FITZGERALD, owner of the lot at 938 Hall Avenue, said he had recently bought this property because it is in a restricted area. He feels that an • apartment house will lower the value of property in the area. He stated that he was opposed to the apartment building, but not to the church itself. RALPH THIFSSE, a member of the Board of Directors of the Presbytery of Arkansas, spoke in behalf of the church to clarify a misunderstanding on the part of some of the opponents of the rezoning. He said the church had not purchased this property with the intention of later selling a portion of it, and that the people had come to the church with the idea of building the apartments. Doctor Hathcock said he wanted it made clear that the people who had gone to the church with the idea of building apartments were not the people living in the area. Doctor Thiesse cleared up the matter by saying that it was the developers of the apartment complex who approached the church with the idea for the apartments. Mr. Rose stated that other churches had gotten areas rezoned in this manner. First the area was zoned for a church and then later rezoned for something else, and that if the rezoning of this particular area were permitted it could set a precedent. Mr. Osborne told the group present that it has always been the policy of the United Presbyterian Church to buy land in excess of its needs for a church. It was not known until after the property had been purchased and the plans had been drawn how much of the property would be needed for the church building. Mr. Evans, a partner in the project, said the property owned by the church would • be difficult to sell because of the highway location and incline. J. W. Gabel stated that he questioned that the property would be difficult • to sell. He said he felt that the only fair thing to do would be for the rezoning to revert to the zoning of the area before -it was rezoned to permit the church to be built. Mr. Wilson said he failed to see how this would devaluate any property in the area. Doctor Hathcock asked the Planning Commission to look at the matter as though the apartments would be built right across the street.from their own homes. Chairman McClinton said the Planning Commission had received three letters from residents in the area opposing the petition for rezoning. They were from Charles J. Conrad, 1250 Stephens Avenue; Mrs. Florence McCormick, 1209 Mt. Comfort Road; and Mr and Mrs. Claude Langham. Doctor Hathcock and Mr. Gabel stated that the Planning Commission should have more letters from residents of the area in its possession. Chairman McClinton said that the secretary in the Planning Office was ill and that it was possible that there were more letters which had not been apssed on to the Planning Commission. There was no further discussion on this petition. The Chairman declared the purpose of the public hearing having been accomplished, the hearing was closed. On motion by Bryan Walker, seconded by Bill Dalton, the Planning Commission • unanimously voted to deny the petition of the Board of Trustees', the Presbytery of Arkansas, the United Presbyterian Church, U.S.A., for the rezoning from P -1A Special Church District to R-3 Multi -Family Residential District property described as: A part of the SEJ of the NE4 of Section 8, Township 16 North, Range 30 West of the 5th P.M., in the City of Fayetteville, County of Washington, and State of Arkansas, and being more particularly described as follows; to -wit: Beginning at a point which is 561.00 feet North and 789.06 feet East of the southwest corner of said 40 acre tract, thence East 195.00 feet, thence.South 564.96 feet to the North right-of-way of Wedington Drive (Highway 16), thence West with said right-of-way 195.00 feet, to a point that is due South of the point of beginning, thence North 564.96 feet, more or less, to the point of beginning, containing in all 2.081 acres, more or less. RESOLUTION PC 14-66 WHEREAS, a public hearing was held by the Planning Commission Tuesday,' April 19, 1966, fifteen (15) days after a sign was erected upon the property and after a notice was published in the Northwest Arkansas Times, a newspaper • of general circulation; and P, WHEREAS, after the hearing the Planning Commission voted to make a • recommendation on the petition of the Board of Trustees of the Presbytery of Arkansas of the United Presbyterian Church in the U.S.A. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the petition of the Board of Trustees of the Presbytery of Arkansas of the United Presbyterian Church in the U.S.A. for the rezoning from P -1A Special Church District to R-3 Multi -Family Residential District of the following described property be denied: A part of the SE4 of the NES of Section 8, Township 16 North, Range 30 West of the 5th P.M., in the City of Fayetteville, County of Washington, and State of Arkansas, and being more particularly described as follows; to -wit: Beginning at a point which is 561.00 feet North and 789.06 feet East of the southwest corner of said 40 acre tract, thence East 195.00 feet, thence South 564.96 feet to the North right-ofway of Wedington Drive (Highway 16)0 thence West with said right-ofway 195.00 feet, to a point that is due South of the point of beginning, thence North 564.96 feet, more or less, to the point of beginning, containing in all 2.081 acres, more or less. SECTION 2. That said petition be denied because the multi -family use • requested is not in character with the existing single family residential character of the area. PASSED AND APPROVED this 19th day of April , 1966. ATTEST: APPROVED: ERNEST JACKS, SECRETARY CLARK MCCLINTON, CHAIRMAN On motion by Allan Gilbert, seconded by Byron Boyd, the Planning Commission unanimously voted to recommend to the Board of Directors that an ordinance be enacted for the purpose of rezoning from I -1B Light Industrial District to C'-1 Neighborhood Commercial District property described as follows: Part of the NEy of the SW� of Section 16, Township 16 North, Range 30 West, beginning 947.7 feet East and 25 feet South of the NGT corner of said 40 acre tract, thence South along the East side of University Avenue 214.5 feet; thence East to the railroad right-of-way; thence Northerly along the railroad right-ofway to a point 96.2 feet due . East of the point of beginning; thence West to the point of beginning, AND Part of the NE4 of the SA of Section 16, 92 Township 16 North, Range 30 West, beginning at a point on • the East line of University Avenue 358.5 feet North of the center line of Putman Street, thence North with the East line of University Avenue 62.0 feet; thence East 102.0 feet to the railroad right -of -ray, thence South along the railroad right -of way 62.0 feet to a point due East of the point of beginning; thence West 105.2 feet to the point of beginning, all land situated in Washington County, Arkansas. RESOLUTION PC 15-66 WHEREAS, a public hearing was held by the Planning Commission Tuesday, April 19, 1966, fifteen (15) days after a sign was erected upon the property 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 rezoning petition of Dr. Edwin G. Dooley. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That an ordinance be enacted for the purpose of rezoning from I -1B Light Industrial District to C-1 Neighborhood Commercial District • the property described below. • Part of the NE4 of the SWC of Section 16, Township 16 North, Range 30 West, beginning 947.7 feet East and 25 feet South.o£ the NW corner of said 40 acre tract, thence South along the East side of University Avenue 214.5 feet; thence East to the railroad right-ofway; thence Northerly along the railroad right -of way to a point 96.2 feet due East of the point of beginning; thence West to the point of beginning, AND Part of the NE4 of the SWk of Section 16, Township 16 North, Range 30 West, beginning at a point on the East line of University Avenue 358.5 feet North of the center line of Putman Street, thence North with the East line of University Avenue 62.0 feet; thence East 102.0 feet to the railroad right -of -ray, thence South along the railroad right-of-way 62.0 feet to a point due East of the point of beginning; thence West 105.2 feet to the point of beginning, all land situated in Washington County, Arkansas, SECTION 2. That the above-described property be rezoned from I -1B to C-1 so that it may be used for commercial purposes. PASSED AND APPROVED this day of , 1966. ATTEST: APPROVED: EST JACKS*, SECRETARY CLARK Ce McCLINTONj CHAIRMAN 9s Following the action of the Planning Commission on the petitions, J. A. • Vizzier made a brief report on the status of the planning grant for Fayette- ville. The group discussed the regional planning commission to be set up and the regional airport. Allan Gilbert moved to adjourn. The motion was seconded by Bill Dalton and passed unanimously. The Chairman declared the meeting adjourned. ATTEST: ERNEST JACKS, SECRETARY • 0 APPROVED: CLARK C. MCCLINTON, CHAIRMAN