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HomeMy WebLinkAbout1969-12-02 MinutesMINUTES OF A PLANNING COM14ISSION MEETING The Fayetteville Planning Commission met at 4:10 P.M., Tuesday, December 2, 1969, in the Directors Room of the City Administration Building, Fayetteville, Arkansas, Members Present: Dr. Walter Brown, Ernest Jacks, Morton Gitelman, Allan Gilbert, Roy Clinton, Dr, James Mashburn, Members Absent: Clark McClinton, Byron Boyd, Wade Fincher, Others Present: Larry Wood, Wesley Howe, Sturman Mackey, Harold Lieberenz, Jim Vizzier, David Malone, George R. Cole, Jr., George Cole, Sr., Harmon E. Lushbaugh, Jr., Roy Allen, Paul Jameson, Hugh Kincaid, J. D. Eagle, Mrs. Charles Kent, Mrs. Fred Stevenson, E. H. Donaubauer, Mary Lillian Wilkes. The meeting was called to order by Vice -Chairman Allan Gilbert, Mr. Gilbert stated that the Planning Commission is in a state of limbo at the present time due to the Proposed Zoning Ordinance and Subdivision Regulations being prepared. There will be some zoning changes in the City when the Proposed Zoning Map is made effective. He stated that the public hearings on Items 2 and 3 under New • Business on the Agenda will not be held at this time. The petitioners, Edmiston Builders, Inc. and Helen Edmiston, have requested a continuance at a later date. The first public hearing on the Agenda was the rezoning petition of Harmon E. Lushbaugh, Jr. and George R. Cole, Jr. for property HARMON E. LUSHBAUGH,JR, located on the Southeast corner of the intersection of Woolsey & Avenue and North Street from R -1B, Single Family Residential District, GEORGE R. COLE.JR. to R -P, Professional Office Residential District. David Malone, Attorney, represented the petitioners. He stated that the property is located immediately across the street from the Washington General Hospital. All the uses to the North are public in character. South of the property is all residential, $5,000 to $40,000 new houses and well -kept, older houses. He stated the petitioners planned to conform with Use Unit 25 under the Proposed Zoning Ordinance, which requires professional offices in a residential area to conform to residential character. He was aware of opposition, but felt the R -P more suitable than past rezoning requests for the same area. R -P would serve as a buffer to protect the residential area from the high intensity uses to the North. He stated that Washington General has an expanding need and such a buffer would prevent them from encroaching further South. North Street should become a major East-West thoroughfare as it is the only East-West street of any consequence. Mr. Malone showed slides to demonstrate the deteriorating condition of the existing building and an architect's rendering of the proposed building. He asked for a show of hands in favor of the petition; approximately 12-2-69 -2- ten persons responded. He summarized by asking: Is it a good idea to group related uses? Does it provide easy access? Is it a good . location? Roy Clinton asked what the plans were for off-street parking. Mr. Malone stated the requirements would be met. Dir. Gilbert asked any opposing the petition to state their case: Roy Allen, all West North Street, asked if the Commission wanted to maintain the residential character of the area. He questioned whether North Street would ever become a 4 -lane thoroughfare as Mr. Malone had stated. He suggested there were several points for the Commission to consider regarding the future of this area. Hugh Kincaid, Attorney, presented 4 petitions containing signatures of 128 individuals in the surrounding area who oppose the rezoning. He stated these people were there first, many for over 30 years, and had invested in the neighborhood. They resent any intrusion by business or professional uses. He cited Dr. Hall's clinic on Lollar Lane as an example of the traffic and parking problems created by such a use. The area residents paid the cost of paving Park Street, Woolsey Avenue, and North Street. Overriding concept of Arkansas law is the protection of residential areas. Staff Report doesn't say the character of the area is changing. New houses • have gone in on North Street in recent years. The area has stable values. The cost to the City of obtaining 4 -lane right of way is prohibitive. He summarized by saying there was no reason to justify the change. Paul Jameson, 1001 North Park Street, Stated that Mr. Vizzier, Planning Consultant, in his impartial study has recommended residential uses in his long range plans for this area. He asked that the Planning Commission not be motivated by the number of people opposing or seeking rezoning but by the overwhelming public necessity or reason for rezoning. There are other locations available for development of this office use. The property was residential when purchased. He cited the need for stability, the "domino effect," and that spot zoning is generally derided. He stressed the well -kept homes in the area. J. D. Eagle speaking for his sister who was ill at home asked that the decision be left to the people. Mrs. Charles Kent, 411 West North Street, asked if the petitioners would have adequate parking space should North Street be widened. David Malone stated that not one opposing individual had contacted either himself or the petitioners regarding what was planned for the area. He felt they were not well enough informed. George Ray, 434 West Prospect, said be resented Mr. Malone's implication that the people had signed something without reading it. 12-2-69 -3- He-stated that he personally carried a petition and everyone who signed it read it before doing so. • Mrs. Fred Stevenson, 830 Park Avenue, asked for specific plans for parking. Mr. Malone had said his clients would "try" to comply with the regulations. She said in Oak Plaza the parking specifications had never been carried out. She was informed that the new subdivision regulations would control such things. Mr. Malone said the off-street parking would meet the requirements of the present ordinance and also the proposed ordinance. The need for parking would not be as demanding for specialists as for general practitioners. George Cole, 315 West Cleveland, said that he passed the vicinity of Hall Clinic daily and had never found overflow parking or traffic congestion. Hugh Kincaid said he valued the friendship of the petitioners and had a high regard for their integrity. He had lived in the neighborhood and knew this was a terrible experience for many of the people. This is an area of quietness and beauty. He urged denial. George Cole, Jr. asked to speak. This had also been his home. • He doesn't wish to see the beautiful trees cut either and has no such plans. The owner of the newest home in the area (Wilson Matthews) has not indicated any opposition. Not all the houses are nice and beautiful homes. Mrs. Charles Kent, 411 West North Street, asked why they could not utilize some land already zoned for such uses. Was it really necessary to locate so near the hospital? Harmon Lushbaugh, Jr. stated that their offices are currently in the Colonial Village Shopping Center, very near the hospital. Sometimes they have great difficulty reaching the hospital due to the heavy traffic flow on College Avenue. He felt the time would come when this could be a factor in saving a life. They dont have a large volume of patients. They had looked the town over very carefully seeking the proper location. E. H. Donaubauer, 1101 Woolsey, stated he had had no pressure from either side. He was concerned; spot zoning is difficult to correct. Finding a home in Fayetteville is not easy. His major concern was the repetitious reference to the proposal of North Street as a 4 -lane thoroughfare. Allan Gilbert explained that the Planning Commission had been trying to find a way to route traffic East-West in Fayetteville. One of the few ways possible is the widening of North Street; • however, no firm decision has been made. The Staff Report was surprising in this respect. The Planning•Commission has more or 12-2-69 -4- less agreed that this would be retained as a residential area. • Hugh Kincaid stated that concerning Dr. Lushbaugh's statement regarding saving a child's life, he felt spot zoning could jeopardize young children in the area. He asked for a show of hands of those opposing the perition. Approximately 20 persons responded. Roy Allen, 311 West North Street, said he felt it would be unwise of the Commission to act on this petition until the people had an opportunity to study the matter and talk it over. Morton Gitelman said the people themselves had not shown sufficient interest in the City's planning in the past. When the land use plan was being formulated, there were five public meetings held. They were well publicized at the time and not very well attended. Dr. Walter Brown explained that the Planning Commission has been having committee meetings. They have discussed the problems of widening North Street and opening up some other streets. No concrete decision has been reached. When decisions are made, the public will have ample opportunity to study them. Hugh Kincaid said he felt the widening of North Street was not a valid reason for granting the rezoning. Roy Clinton, the only member on the Board of Adjustment, said he felt one of the major problems had been avoided in the discussion. • As demonstrated recently with the University of Arkansas, a public body whether openly or discreetly can do something which may or may not fit in with the Planning Commission's feelings. Washington General Hospital will probably put parking and a day care center on their property South of North Street, whether the Planning Commission approves or not. No decision is possible today. The hospital could feasibly purchase other property in the area. The Planning Commission has no control over them. They have never obtained building permits. Morton Gitelman stated that in Arkansas there is no judicial interpretation on the matter, but around the Country there is a general proposition that County, State, and Federal bodies are not bound by City ordinances. At this time the public hearing on the Lushbaugh-Cole petition was closed. At this time, the Commission called for the petition of Carl Tune to rezone property located North of North Street and East CARL TUNE of Leverett Avenue from I-lA, Light Industrial District, to C-1, Neighborhood Commercial District. There was no one present to either represent or oppose the petition. • Mr. E. H. Donaubauer asked to be permitted to voice his observations. He considered it odd the petitioner was not present and didn't think the plans listed would be compatible with the rest of the neighborhood. 12-2-69 -5- He'remarked that this is one of the streets visitors to Fayetteville use getting to Razorback Stadium and this is the part of Fayetteville is they see. The public hearing was declared closed. Allan Gilbert announced that Red Arrow Land Company, Inc. RED ARROW LAND CO.. INC. and C. T. Pearson, Jr., Items one and three under Old Business, tabled from November 18, 1969 meeting had requested that their C. T. PEARSON, JR. petitions be continued tabled. The Commission reconsidered the rezoning petition of Gerald B. and Anne W. Jones for property located on the East side of State Highway No. 112 and lying between Hickory Street and GERALD B. & ANNE W. JONES Lawson Street from R-2, Two Family Residential District, to R-3, Multi -Family Residential District, tabled from November 18, 1969. Ernest Jacks moved that the petition be approved on the basis of our intention to zone that as a medium density area in the future and also on the basis of the letter from Hugh Kincaid, petitioners attorney. Roy Clinton seconded the motion. Before the vote was taken, Morton Gitelman asked if the petitioners were willing to submit a development plan for the entire parcel of property. He would like to have them come up with an integrated development. • The vote was called for and the petition was approved unanimously. WHEREAS, a public hearing was held by the Planning Commission, Tuesday, November 18, 1969, 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 table the rezoning petition of Gerald B. Jones and Anne W. Jones requesting rezoning from R-2, Two Family Residential District, to R-3, Multi -Family Residential District, of the property described as follows: Part of the Northwest quarter (NW1) of the Northwest quarter (NW41) of Section Nine (9) in Township Sixteen (16) North of Range Thirty (30) West, described as follows, to -wit: Beginning at a point which is 525 feet South and 210 feet East of the Northwest corner of said forty acre tract for a point of beginning, and running thence South 105 feet, thence East 210 feet, thence North 105 feet, thence West 210 feet to the point of beginning, and containing one-half () of an acre, more or less, and Part of the West Half (Wj) of the Northwest quarter (NW -41) of • Section Nine (9) in Township Sixteen (16) North of Range Thirty West, being more particularly described as follows, to -wit: 12-2-69 -6- Beginning at a point 630 feet South of the Northwest corner of said 80 acre tract and running thence South 130 feet, thence • East 420 feet, thence North 130 feet thence West 420 feet to the point of beginning, containing 14 acres, more or less, less and except that part of the above described land embraced in Garland Avenue, and Part of the Northwest quarter (NW�) of the Northwest quarter (NWw) of Section Nine (9) in Township Sixteen (16) North of Range Thirty (30) West, described as follows, to -wit: Beginning at a point 760 feet South and 30 feet East of the Northwest corner of said 40 acre tract and running thence East 390 feet, thence South 80 feet, thence West 100 feet, thence South 30 feet, thence West 290 feet, thence North 110 feet to the point of beginning. WHEREAS, at a meeting on December 2, 1969, the petition was resubmitted to the Planning Commission for consideration, and the Planning Commission voted to make a recommendation to the Board of Directors on the rezoning petition of Gerald B. Jones and Anne W. Jones, - NOW, THEREFORE, BE IT RECOMIENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS, SECTION 1. That -an ordinance be adopted for the purpose of rezoning from R-2, Two Family Residential District, to R-3, Multi - Family Residential District, the above described property. • SECTION 2. That the above described property be rezoned from R-2, Two Family Residential District, to R-3, Multi -Family Residential District, so that the petitioner may construct an orderly, attractive, and well -organized multi -family housing complex. PASSED AICD APPROVED this 2nd day of December 1969. APPROVED: CLARK McCLINTON, CHAIRMAN The Harmon E. Lushbaugh, Jr. and George R. Cole, Jr. petition was reconsidered at this time. Dr. Walter Brown moved that HARMON E. LUSHBAUGH, JR. the petition be denied at it was not in conformity with the I & current comprehensive land use plans for that area. Morton GEORGE R. COLE, JR. Gitelman seconded the motion. To support his motion, Dr. Brown made the following statement: In regards to the Staff Report, he personally feels the Commission • has not decided the issue of widening North Street; it is impossible to make it a 4 -lane street. It does need to be opened up all the way and widened in some places. He feels the object 12-2-69 -7- should be to make North Street strictly a collector type residential street. As long as it remains two lanes, the Planning Commission has an obligation to protect the residential area. There is no • overwhelming necessity to erode this residential neighborhood. The Planning Commission recently went on record as opposing location of a new Federal building on Woolsey Avenue because it would degrade the residential area. Land is available to the East which would also be accessible. He urged denial. Ernest.Jacks voiced the opinion that the big part of this situation is the matter across the street (Washington General Hospital's plans for future). He felt the petition was ill-timed. David Malone informed the members that his clients were agreeable to putting off any decision on the matter if the Commission would agree. Dr. James Mashburn made a motion that the petition be tabled; Ernest Jacks seconded the motion. This motion to table would take precedent over the earlier motion to deny the petition. A vote was called on the motion to table, and it was tabled unanimously. Both the petitioners and opposition are to be notified when the petition is to be reconsidered. The Commission returned to the Carl Tune rezoning petition. Dr. Walter Brown moved to deny the petition on the basis it does not CARL TUNE follow our intended use on the comprehensive land use map. Gitelman seconded. Morton Gitelman stated that he objected in the • sense that they didn't take into consideration what Mr. Tune had in mind in terms of other neighborhood shopping. There is a need to keep them centered in neighborhood shopping centers. The vote was called for. Dr. Walter Brown, Ernest Jacks, Morton Gitelman, Roy Clinton, and Allan Gilbert voted "Aye" to deny the petition. Dr. James Mashburn voted "Nay." The petition was denied by a five to one vote. WHEREAS, a public hearing was held by the City Planning Commission, Tuesday, December 2, 1969, 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; and WHEREAS, after the public hearing, the Planning Commission voted to make a recommendation to the Board of Directors on the petition of Carl Tune for rezoning; NOWo THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. • SECTION 1. That the petition requesting the rezoning of property, described as follows, from I-lA, Light Industrial District, to C-1, Neighborhood Commercial District, be denied. 12-2-69 -8- LEGAL DESCRIPTION: Beginning at a point 200 feet East of the Southwest corner of the Southeast Quarter of the Northwest Quarter of Section Nine (9), Township Sixteen (16) North of Range Thirty (30) West, and running East 280 feet; thence North 600 feet; thence West 480 feet; thence South 300 feet; thence East 200 feet; thence South 300 feet to the point of beginning. SECTION 2. That the rezoning of the above described real estate would not presently be desirable. PASSED AND APPROVED this 2nd day of December , 1969. APPROVED: CLARK MCCLINPON, CHAIRMAN Ernest Jacks requested that the minutes of November 25, 1969 be amended to show that the designations he asked for on the map were zoning designations, not street designations. is Dr. Brown moved that the minutes for November 14, November 18, November 21, and November 25, 1969 be approved as mailed with the one correction just mentioned. Ernest Jacks seconded; and the minutes were approved unanimously. The Commission asked Mr. Harold Lieberenz and the Planning Administrator to advise future petitioners of the current work being done by the Planning Commission and to discourage initiation of new petitions until the Proposed Zoning Nap and the Proposed Zoning Ordinance are made effective. Ernest Jacks moved to give Jim Vizzier approval for publication of the Proposed Zoning Map with the corrections noted at the last meeting with Jim Vizzier. Dr. Mashburn seconded, and the motion carried unanimously. The question arose as to whether the Staff Reports should be distributed to anyone other than Commission members prior to the public hearings. Mr. Wood expressed the opinion they should not be as the petitioners will use the Staff Reports as a basis for preparing their arguments. Allan Gilbert said he felt the Staff should not include recommendations on the report; he felt this was an attempt to decide the issue. Mr. Horne said the Staff was not trying to "decide" anything; but that the Commission was being given the professional assistance it asked for. Dr. Brown would like to see the facts only. 0 The meeting was adjourned at 6:30 P.M.