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HomeMy WebLinkAbout1966-07-12 MinutesMINUTES OF A CITY PLANNING COMMISSION MEETING A special meeting of the City Planning Commission was held at 4:00 p.m., Tuesday, July 12, 1966, in the Directors Room in the City Administration Building. Members present: Clark McClinton, Wade Fincher, Ernest Jacks, Allan Gilbert, Bryan Walker and James Mashburn. Members absent: Byron Boyd, Bill Dalton and Henry Shreve. Others present: Wayne Bayley, petitioner; Walter Niblock, attorney; Vernon Wilson, petitioner; John Anderson, petitioner; Harold Garrett; Planning Consultant J. A. Vizzier; City Manager Gerald'Fox; and 55 persons interested in the petitions before the Planning Commission, Chairman Clark McClinton called the special meeting to order. He reported the purpose of this meeting was to hold public hearings on two petitions for rezoning. One was a petition filed by Vernon Wilson and the other was a petition filed by John Anderson. The Chairman said the petition filed by Vernon Wilson would be heard first. The petition called for the rezoning from R -IB Single Family Residential District to C-1 Neighborhood Commercial District of property west of Garland Avenue and north of Wedington Drive. The Chairman asked that the proponents be heard then the • opponents. J. VERNON WILSON (15 South Locust Avenue) said he owned the property on the NW corner of Highway 112 (South Garland Avenue) and Highway 16 West (Wedington Drive) which is presently zoned R -IB, a residential district for single family dwellings. Mr. Wilson said the property was an eye sore to the neighborhood and the community. He said he had always wanted to beautify and develop this particular lot so the property would be more desirable. Mr. Wilson said he had checked with many people within the area. Many had no objections to the rezoning request. He said he felt the reason some persons were opposed to the commercial zoning was because of their concern of the property being used for liquor stores. There would be no liquor store, Mr. Wilson assured, as long as he owned the property. The petitioner quickly described the surrounding land uses. There is a neighbor- hood shopping center already established east and north. To the west is the Presbyterian Church property where the commercial zoning would end. Mr. Milson said the commercialized use of the property in question is the highest and best use of the land. ELIZABETH CARTER (1705 West Hotz Drive) told the Planning Commission that she owned property in a number of areas in Fayetteville--Wedington Drive, Hazel Street and Berry Street. Some of her property was in the vicinity of the property petitioned for rezoning. She said she would like to see the property cleaned up and developed as proposed•by the petitioner. • KATHLEEN McKINSTRY (1715 North Garland Avenue) approved the request of the petitioner. She said she would like to see the shopping area expanded and would like for the property to be rezoned from residential to commercial as petitioned. J. W. GABEL (949 North Hall Avenue) said he was very much opposed to the request • of Mr. J. Vernon Wilson. He said he and his neighbors had been through this rezoning procedure before on several occasions. There was the shopping center to the east; this same property a couple of years ago; and the Presbyterian Church had two petitions before the Planning Commission for rezoning. At the time the property for the shopping center bras rezoned, all persons felt the proposed shop- ping center would take care of the neighborhood. The enlargement of the commercial zone was one of the many concerns of persons opposed to the rezoning. Should this petition be granted the result would soon consume more and moreof the residential zoning. Mr. Gabel said as to an eye sore he felt what would be an eye sore to one person would not necessarily be an eye sore to another person. Mr. Gabel pointed out that many people had spent a great deal of money for homes in the area. They will live in these homes for several years. He said the question is whether there is a need for additional commercial zoning at this time. CLAUDE LANGHAM (1217 Stephens Avenue) said if the rezoning request were approved, it would not be very long until commercial zoning would be at his back door. He thought Garland Avenue was a desirable buffer now and should continue to re- main a buffer. DON FITZGERALD (930 Hall Avenue) stated he had recently bought property on Hall Avenue and is building a home in which he expects to live for 20 or 30 years. In his opinion, the commercial zoning and use would detract from the residential area. REVEREND JOHN P. TEAS, a member of Bethel Heights Baptist Church on James • Street, told those present that he could not speak for all the people at the church, but he as an individual was opposed to the petition. He and many of the people at Bethel Heights opposed the rezoning because it would disrupt the Church's plans for expansion and would add to the traffic problem in the area. JACK HUGHES owns property to the wrest of Garland Avenue. He said his property interest would not be immediately involved. It eras the principal he opposed. The City had enacted zoning regulations and plans and in his opinion these regulations should be upheld. No facts had been presented which would cause the need for a change in zoning. J. VERNON WILSON inquired if Reverend Teas were speaking for all people at Bethel Heights. JON STUBBLEFIELD, pastor of Bethel Heights Baptist Church, answered Mr. Wilson's question. The pastor said he was notified officially of the Planning Commission meeting only yesterday. He did not have time to take a poll to determine how his people felt. He, however, believed he could say most of the poeple were opposed to this request for rezoning. Marty felt the traffic which is already a major problem would become more of a problem. C. A. HUGHES (1627 North Oakland Avenue) said he was now building a new home at 965 Hall Avenue. At a previous meeting the Presbyterian Church wanted to xezone property crest of and adjacent to Mr. Wilson's property. The Church had requested the rezoning from P-lA to R-3 to create a buffer zone. Mr. Hughes thought the cart was before the horse. At the hearing held for the petition of • the Presbyterian Church it was brought out that several promises had been made when property to the eastwere rezoned to permit a shopping center. None of these promises have been kept. Mr. Hughes said the old promises should be kept before any more are made. • MRS. GLEN ROSE (927 Hall Avenue) said she had nothing to add to what had already been stated. She said she oras opposed to the rezoning for the reasons already mentioned. CURTIS MELTON (2014 Lawson Street) said homes built upon the property described in the petition would in his opinion improve the property more than a shopping center. Another person remarked he was for cleaning up the lot, but he wanted it to remain zoned for residential purposes. MRS. PRESTON HATHCOCK (909 Hall Avenue) opposed the petition. She said she and her husband had appeared many times before the Planning Commission and the City Council to protest to petitions for rezoning within the vicinity of Garland Avenue and Wedington Drive. She pointed out that they had signed a petition so that the Presbyterian Church could buy property north of Wedington Drive and west of and adjacent to the property in question. The church had sought to dispose of a portion of their property recently with a petition requesting rezoning of the east 2 acres from P-lA Special Church District to R-3 Multi -Family Residential District. This request was not approved; however, if the rezoning petition for Mr. Wilson's property were approved, the church might want more and more property rezoned. A great deal of property to the east of Garland Avenue is already zoned for commercial, industrial and multi- family use. Mrs. Hathcock said she felt this zoning east of Garland Avenue • offered sufficient variety and area. REVEREND P,. OSBORNE of the Presbyterian Church. stated he wished to remain neutral in the request before the Planning Commission but would like to make a few state- ments in defense of the church. He said it was true that when the church purchased the property, it eras surrounded by residential zoning and use. A large section was then rezoned for the shopping center east of Garland Avenue. After the church had plans drawn up for the proposed building, it was discovered that they had more property than they needed. Reverend Osborne mentioned the use proposed for the area on the land use map adopted by the City in 1959. He felt the future would bring more commercial zoning and uses than there is now. J. W. GABEL mentioned the problem of the land use map adopted in 1959. He said it was a matter of opinion as to the future use of the property. He pointed out that the land use map according to the planning consultant needed to be updated. JACK GREGORY (1503 Cedar Street) reminded the Planning Commission of the landmarks being destroyed by commercial uses and zoning on Highway 71 North. He menitoned parking problems and traffic congestion near the three churches in the vicinity of Dickson Street and North College Avenue. Traffic will become more of a problem on Garland Avenue and Wedington Drive with commercial use of the property on the NWT corner of the intersection of these two streets. As for cleaning up the property, Mr. Gregory said the suggestion was more like blackmail. He felt the property should be cleaned up and kept clean regardless of the zoning classification. More encroachment and commercialization of an area is not • desirable. CARL HOFFMAN (939 Hall Avenue) was extremely opposed to the rezoning request. • He said he appeared before the Planning Commission to oppose the original shopping center request. If a shopping center is to be developed he felt the shopping center should be built first, then let the homes be built around the shopping center and not provide a shopping center in the middle of a developed residential area. VERNON WILSON said he had only owned the property for less than 30 days. He said he planned to clean up the lot very soon. On the traffic, Mr. Wilson, said he would be very willing to work with the City and the State and to work to the best interest of the community. He said he planned to leave as much of the natural beauty as possible. Mr. Wilson filed with the Planning Commission petitions with the signatures of 374 persons who favored the change in zoning he proposed. ROBERT L. CURTIS (1413 North Oakland Avenue) stated he was in favor of the commercial zoning. With the expansion of the University of Arkansas a need for more commercial.zoning rr l be created. The Rose Hall area will be used for multi -family residential purposes. He did not see how the commercial zoning would hurt the churches. If North Street were extended through to Wedington Drive as proposed, there would be fewer traffic problems. DONALD H. McWADE (1147 Turner Avenue) said most arguments have been of a personal nature. He favored the commercial zoning. He said he felt a person should be permitted to do what he wanted with his own property. J. W. GABEL said there was something personal involved. He said common sense in planning needed to be used. There is not any need for additional commercial zoning. One person pointed out that most rezoning requests were for a personal gain of man seeking to change the beauty or to change the value. MRS. PRESTON HATHCOCK presented a map showing houses and names of persons in an area bounded on the south by Cleveland Street, on the north by Mt. Comfort Road, on the East by Garland Avenue and on the west by Lewis Avenue. Petition with the signatures of persons opposed to the request were also filed with the Planning Commission. Mrs. Hathcock pointed out that some people had signed both Mr. Wilson's petition and the petition opposing the rezoning. C. A. HUGHES said he talked to some of the people who signed Mr. Wilson's petition. He felt many did not understand what they were signing or they were indifferent. Mr. Hughes mentioned the problem the Planning Commission and the Board of Directors would have applying the 1959 master plans,which are outdated, to the problems of 1966. REVEREND TEAS said he wished to make it very clear that the stand he and the members of Bethel Heights Church had taken had nothing to do with Vernon Wilson, There are no personalities in conflict. DON FITZGERALD said he owned Lot 8 in Hathcock Addition. Hathcock Addition includes almost all of the property south of Highway 16 filest across from • Mr. Wikson's property. He said the alley behind his lot would be paved and could be used by children going to and from school. Traffic from the commercial operations on the north side of Highway 16 West could also use this alley to • avoid heavy traffic on Highway 16 West and Highway 112. He was very concerned about his children's safety and the safety of his neighbor"s children. NOLAN KECK (919 Berry Street) said he did not understand why the traffic from the shopping center was considered to be such a problem when the traffic after football games was so much more congested and more of a problem. J. W. GABEL pointed out that ball games were not very frequent during the year; whereas, the shopping center is open the year around. There was no further discussion. The Chairman declared the purpose of the public hearing having been accomplished, the hearing on the petition of J. V. Wilson was closed. The second petition heard by the Planning Commission was filed by John Anderson who requested the rezoning from R-2 Two Family Residential District to R-3 Multi -Family Residential District of lots 1 and 2 of Block 3 in Fair Park Addition to the City of Fayetteville, Arkansas. Chairman McClinton declared the hearing on John Anderson's petition open for discussion and asked that the proponents be heard. JOHN ANDERSON, petitioner, said he had requested the change in zoning in order to sell the property. He briefly described the surrounding property. • HAROLD GARRETT told the Planning Commission that he proposed to purchase the property if it were rezoned. He planned to develop the property for multi- family residential structures. There were no opponents present. There being no further discussion, the Chairman declared the purpose of the public hearing on the petition of John Anderson having been accomplished, the hearing was closed. There was further discussion of Wayne Bayley's petition which had been heard by the Planning Commission on June 14, 1966, and later discussed on July 5, 1966. Walter Niblock, attorney for Wayne Bayley, and Mr. Bayley were present. Mr. Niblock told the Planning Commission members that his client was familiar with the requirements of'the proposed mobile home ordinance which had been presented to the Board of Directors. Mr. Niblock requested the Planning Commission to make a recommendation to the Directors on the rezoning petition before the Commission. He said his client had a contract to purchase the property in question if it were rezoned to 0-1 within a certain length of time. The time on the contract would soon expire. Chairman McClinton thanked the petitioner and his attorney for the information and told them that the Planning Commission would give consideration to the time problem. After discussion Allan Gilbert moved that the Planning Commission recommend to the Board of Directors the rezoning from R-2 Two Family Residential District • and R -IB Single Family Residential District to 0-1 Open Land District of Lots 2 through 10, inclusive in Block 9 of Parker's Plat of Valley View Acres in the City of Fayetteville, Arkansas. The motion was seconded by Wade Fincher. Upon roll call; the following vote was recorded: Gilbert, Mashburn, Walker and • Fincher "AYE" and Jacks "NAY." There being four "AYES" and one "NAY," the Chairman declared the motion carried. RESOLUTION PC 24-66 VMEREAS, a public hearing was held by the Planning Commission, Tuesday, June 14, 1966, fifteen (15) days after a sign was erected on the property and after a notice was published in the Northwest Arkansas Times, a newspaper of general circulation; WHEREAS, further study and consideration was given to the rezoning request at meetings held July 5 and July 12; and WHEREAS, at the meeting July 12 the Planning Commission voted to make a recommendation to the Board of Directors on the rezoning petition filed by Wayne Bayley, 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 R -1B Single Family Residential District and R-2 Two Family Residential District to 0-1 Open Land District property described as follows: • Lots Number 2, 3, 4, 5, 6, 7, 8, 9 and 10 in Block 9 in Parker's Plat of Valley View Acres, as same are designated upon the recorded Plat of said Subdivision, the same being a part of the East Half of the Southwest Quarter and the West Half of the Southeast Quarter of Section 4, in Township 16 North, Range 30 West, situated in Washington County, Arkansas. SECTION 2. That the above described property be rezoned from R -1B and R-2 to 0-1 so that the petitioner, Wayne Bayley, may develop a mobile home park upon said property. PASSED AND APPROVED this 12th day of July , 1966. ATTEST: ERNEST JACKS, SECRETARY APPROVED: CLARK C. McCLINTON, CHAIRMAN 3H:r..iY,E?�sF#-:FiHtiCin:-n=K;ricinrx=,'cici�-iciciHEiE#4E3HHHHti:;i-3HHH£###�".H"m�.HHtii-i.YF#•3:iEiHYtifiH(iEii-Y��HKHHE3HE#iH'n'fiEiF On the petition filed by John Anderson for the rezoning from R-2 Two Family Residential District to R-3 Multi -Family Residential District of lots 1 and 2 in Block 3 of Fair Park Addition, Bryan Walker moved that the Planning Commission • recommend to the Board of Directors the rezoning of aforesaid property as petitioned. The motion was seconded by James Mashburn and passed unanimously. • RESOLUTION PC 25-66 WHEREAS, a public hearing was held by the Planning Commission Tuesday, July 12, 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 IRHEREAS, after the hearing the Planning Commission voted to make a recommendation to the Board of Directors on the rezoning petition of John D. Anderson. NCW, THEREFORE, BE IT RECOIwffVENDED 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 R-2 Two Family Residential District to R-3 Multi -Family Residential District the property described as follows: Lots 1 and 2 in Block 3 of Fair Park Addition to the City of Fayetteville, Arkansas. . SECTION 2. That the above-described property be rezoned from R-2 to R-3 so that the property may be developed for multi -family residential use. PASSED AND APPROVED this 12th day of July 1966, ATTEST: APPROVED: ERNEST JACKS, SECRETARY CLARK C. McCLINTON, CHAIRMAN iFihY-lHS-1FiHHHHHHH.'x--I.-'.� iHi-riiriHHHHHHiiHHHHHHEiHHHHH�.�ciiics",�"c?'ci"ci.�-T:'��ciYyHHHfiisK"—, ,HHY.HHHHHHHii,S(#JF�Ht The Planning Commission discussed the petition of J. V. Wilson for the rezoning from R -1B Single Family Residential District to C-1 Neighborhood Commercial District of property described as: A part of the SEw of the NES and a part of the NE� of the SEy of Section 8 in Township 16 North, Range 30 West of the 5th P.M. and being more particularly described as follows: Beginning at a point 150 feet south of the NE� and running thence north 717 feet along the section line, thence west 349 feet, thence south 10 101 east 567 feet, thence on a line in a southeast direction to the point of beginning, containing 5 acres, more or less, less and except that portion presently embraced in the right of ways of State Highways No. 16 and No. 112, and existing utilities easements, Washington County, Arkansas: James Mashburn moved that the Planning Commission defer taking action on the petition of J. V. Wilson and that the Planning Commission further recommend Mr. Wilson be prepared to (1) Justify the need for more commercial zoning in an area which already has a shopping center for the neighborhood; (2) Dedicate sufficient right of way to the City of Fayetteville, Arkansas, for the extension of North Street west to Wedington Drive; and (3) Submit a site plan showing how traffic flow will enter and exit the property. The motion • was seconded by Bryan Walker and passed unanimously. Wade Fischer moved to adjourn. Bryan Walker seconded the motion, which passed unanimously. The Chairman declared the meeting adjourned. • APPROVED: ATTEST: ERNEST JACKS, SECRETARY • L CLARK C. McCLINTON, CHAIRMAN