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HomeMy WebLinkAbout1967-08-15 MinutesMINUTES OF A CITY PLANNING COMMISSION MEETING • The City Planning Commission met in a regular meeting at 4:00 P.M., Tuesday, August 15, 1967, in the City Directors Room of the City Administration Building. Members present: Ernest Jacks, Allen Gilbert, James Mashburn, Roy Clinton, and Henry Shreve. Members absent: Clark McClinton, Susanne Lighton, Wade Fincher, and Byron Boyd. Others present: Jim Vizzier, Harold Lieberenz, John Maguire, E.J. Ball, Levis Jones, Bass Trumbo, Mr. and Mrs. Donald Bunting, Mr. Austin Parish, Clay Yoe, Mr. Harold E. Duggar, Vine Blumenberg, and twenty four interested parties. The meeting.was.called to order by Acting Chairman, Ernest Jacks. The first petition on the agenda was that of Evelyn Hills Shopping Center, Incorporated. Mr. E.J. Ball represented the petitioner who is asking that the property, located west of and adjoining Hillcrest Avenue situated in the unplatted portion of Evelyn Hills Addition to the City of Fayetteville, be rezoned • from R-lA, Single Family Residential District, to C-2, Thoroughfare Commercial District. Mr. Ball explained that the intended use of the property, if the rezoning is approved, is parking space for customers and tenants of the shopping center. Mr. Ball pointed out that the area would be landscaped and largely blacktopped. In his opinion the equities would require that the commission approve this rezoning. Mr. Lewis Jones represented the opponents and presented a petition signed by 41 persons protesting any rezoning of this property. Mr. Jones pointed out that this case actually started in 1960, when rezoning was proposed for the area in question along with the property now occupied by the shopping center. A public hearing was held and the rezoning was approved with the exception of the 150' strip now in question. This area was left as a buffer zone between the commercial and residential districts. In 1962, T.I. Abshier and Evelyn Hills Shopping Center, Inc., again asked for rezoning of the 1501 strip. The Planning Commission and the City Council approved rezoning to a commercial district 1301 of the property leaving the remaining 201 strip residential to serve as a buffer zone, however, this issue was presented for public vote later that year and the voters decided the property should be left as a • residential zone. Under the City Ordinance a petition for rezoning which has not been approved may be resubmitted after one year if the conditions or circumstances have changed. The proponents changed the surface of said property, grading it and (2) spreading gravel on it making it unuseable for residential property and at some later date used it for parking. The circumstances have changed, but only to the effect the need is greater for the buffer sone to be held. The residents of the area feel it would be detrimental to the residential district if this rezoning were approved. The history of this property would militate most strongly that this is not good planning. Mr. Jones asked that Dr. Mashburn refrain from voting on the petition as he had previously expressed his preference for this property to be rezoned for commercial use. Mr. Walter Brown spoke in behalf of Mrs. Richart who owns the property at 1516 Hillcrest. Mrs. Richart was unable to attend the hearing. Mr. Brown said that the property owners on Hillcrest had constantly been harrassed by trucks, and on occassion elephants, parked on the residential property in question. This use of the lot had been protested to the City Manager and the City Building Inspector. Mr. Brown said nothing has been done to landscape or beautify the property and the residents of the area have been told that the City cannot force the owners of shopping centers to landscape. A rezoning to commercial use would further detract from the desireability of the neighborhood. Phylis Johnson spoke in behalf of Mr. J. Glenn Mitchell who resides at 1314 Hillcrest, she expressed the opinion that if the property were rezoned for commercial use, the petitioner could build a laundry is or some other commercial building on the lot. Mr. Jacks, Acting Chairman, asked if anyone else desired to be heard against the petition. There were none. Mr. E.J. Ball presented his rebuttal by saying, in effect, that Evelyn Hills Shopping Center, Inc., had purchased this property after the first rezoning in 1960 had been approved and that he had no knowledge of spy agreements which might have been made by the former owners. Any agreement made to keep the buffer zone was a verbal agreement and would not be legally bindiog# He pointed out that at the time the shopping cneter was built there were not any commercial buildings on the east or west side of highway 71 in this vicinity. Since that time all of this property has been commercially developed. The building permit for the residence at 1516 Hillcrest was obtained May 25, 1962, which was after the shopping center was built. The large residence at 1440 Hillcrest has about 6 students living it it. Mr. Ball pointed out that the petitioners have not broken the law, have never sanctioned parking in the area in question and have taken action to correct the situation when it has been brought to their • attention. Those present had nothing further to add; therefore the Acting Chairman closed the discussion of the rezoning petition filed by Evelyn Hills Shopping Center, Inc. (3) Public hearing on the petition of Mr. and Mrs. Donald Bunting was next. • Mr. Bass Trumbo represented the petitioners who are asking for rezoning from R-3, Multi -family Residential District to R-4, Multi:family Resi- dential and Dormitory District, of lot 1, in Block 7 of I.W. Duncan's Addition to the City of Fayetteville. Mr. Trumbo explained that Mr. Bunting is planning to construct multi- family apartments on the property in question. He pointed out that there are only slight differences in the two zones but with the R-4 classification Mr. Bunting will be able to construct two (2) more units than would be permitted in the R-3 zone. The property immediat]y north of Center Street has units similar to those Mr. Bunting desires to erect. Mr. Jack Kris - 3 South Duncan - explained that he was not objecting to the rezoning but was unfamiliar with the ordinances and was interested in whether this rezoning would effect the parking regulations. Mr. Lieberenz explained the parking regulations are the same for both of the sones. Mr. Jacks asked if anyone else desired to be heard on the petition. The next.petition to be heard was that of Mr. Vine Blumenberg who is asking for rezoning from R-2, Two Family Residential District, to R-3, Multi -family Residential District, of the property located on the west • side of Leverett Street with the north paoperty line on Lawson Street. t Mr. Blumenberg said he was asking for the property be rezoned for apartments. He pointed out the zoning of property to the south is I-lA, Light Industrial and -feels apartments would be more desireable in this.neighborhood than industry. Mr. Jacks asked abouth the location, in relation to Mr. Blumenberg's property, of the apartments which are presently being built on Leverett Street. Mr. Blumenberg answered that this is in the first block south of his property. Mr. Jacks asked if there were opponents who wished to speak.: Mr. James Mitchell - 910 Lawson - said he was opposed to R-3, he feels R-2 is a satisfactory zoning for this neighborhood. He is opposed to apartments of the size -that would probably be erected on this property if the rezoning is approved. Margaret Thurman - 1500 North Oakland - pointed out the rejection, by the Planning Commission, of the rezoning request for property adjacent to that of Mr. Blumenberg. She said the property owners in this neighborhood are for the most part elderly people who appreciate the peace and quiet of the neighborhood. • Mr. Blumenberg replied that the petition for rezoning which was turned down was on a wn,01 lot and was rejected because it was considered spot (4) • Mr. and Mrs. Clay Yoe's petition was next on the agenda, the have requested rezoning from 0-1, Open Land District, to C-2, Thorough- fare Commercial District, of property located on the southeast corner of Highway 45 and Highway 265. Mr. Yoe explained that he had purchased this property 13 years ago with comm rcial use in mind. The area in question is at the inter- section of two state highways and is well located to serve as a shopping area for this part of the city. Mr. Yoe presented a statement from Mr. Richard Walden, who owns property to the south, to the effect that he has no objections to the rezoning. Mr. Yoe said he had, with the help of the Federal Government, built this highway (#265) and pis are to continue it north to Springdale to intersect with Highway 264. Mr. Roy Clinton asked the total area of the property in question. Mr. Yoe replied that there is approximately 44 acres, and expressed the belief that commercial use of this property would enhance the value of the surrounding area. There were no opponents present. • The next petition on the agenda was that of Mr. and Mrs. J. Austin Parish who have requested the rezoning from R-2. Two family Residential, to C-1, Neighborhood Commercial District, of one lot 80' x 150' located on the east side of State Highway 112 and being the first property north of the entrance drive to Oak Plaza Shopping Center. Mr. Parish said the lot in question faces onto the presently zoned C-1 area of the shopping cneter. He explained that the intended use of the lot is for a movie theater. His plans are to ask for permission from the Board of Adjustment to erect a movie theater in the C-1, Neighborhood Commercial Zone. He also explained that the title to the property is vestdd in Oak Plaza Enterprises, Inc. which he and Mrs. Parish own. There were no opponents to this petition present at the hearing. Mr. Harold E. Duggar's petition for rezoning of property located on the east side of Green Acres Road between Gibson's Discount Center and Poplar Street was next on the agenda. Mr. Duggar explained that the property is owned by his mother, Mrs. Frona Duggar, the areas north, south and east are zoned commercial. The pro- perty in question is the only area on the east side of Green Acres Road not already zoned C-2. There were no opponents to the petition. • Dr. Mashburn was called out of the meeting on an emergency, there no (5) • longer being a quorum present the meeting was adjourned by Acting Chairman, Ernest Jacks. A special meeting will be held August 22, 1967, to act on the petitions heard in todays meeting. Approved: LI E Respectfully submitted, Secretary Date: