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HomeMy WebLinkAbout1980-08-11 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:00 P.M., Monday, August 11, 1980, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Ernest Jacks, Don Hunnicutt, Elizabeth Crocker, Newton Hailey, Peg Anderson, Windell Cullers, Martin Redfern. MEMBERS ABSENT: OTHERS PRESENT: Keith Newhouse, Morton Gitelman. Cynthia Stewart, Bobbie Jones, Ervan Wimberly, Paul Young, Gary Carnahan, and other members of the press and audience. The meeting was called to order CALL TO ORDER at 5:00 P.M. The first item of business was the approval of the minutes of the July 28, 1980 meeting. Upon a motion by Peg Anderson, the minutes were unanimously approved as mailed. MINUTES The second item of business was the LARGE SCALE DEVELOPMENT approval of the Large Scale Development JOHN MAGUIRE Plan submitted by John Maguire for property HWY. 265 AND HWY. 45 located on the Southwest corner of Highway 265 (Crossover Road) and Highway 45 (Mission Boulevard). Property contains 3.00 acres, more or less, and is zoned C-2, Thoroughfare Commercial District. Ervan Wimberly was present to represent. Chairman Ernest Jacks asked for the Subdivision Committee's recommendation on the Large Scale Development. Elizabeth Crocker, acting Chairman for the Subdivision Committee, moved for approval of the LSD with the following contingencies: 1. Construction of sidewalks, on the North and East sides of the property, not being developed at this time, will be deferred until such time as the property develops, or, if the property remains undeveloped at the end of two years, the Developer will install the sidewalks. 2. Required screening on the West side of the property will consist of existing vegetation until such time as the West side of the property develops. 3. All other pertinent Plat Review Committee comments will be applicable. Don Hunnicutt seconded Beth Crocker's motion to approve. The Chairman asked for further discussion. Newton Hailey clarified the motion to defer construction of part of the sidewalk requirement. He stated that only a portion of the sidewalk requirements had been deferred. He stated that the Developer would not have to immediately install sidewalks South of the entrance drive from Crossover Road to the Development, and the Planning Commission Meeting August 11, 1980 Page 2 portion North of the proposed building on towards the West property line. All other sidewalks that would be required will be installed by the Developer when he develops the convenience.store. The Commission voted on Beth Crocker's motion to approve, _and the motion passed (7-0). The third item of business was the MC ILROY BANK AND TRUST MOTOR BANK approval of the development plan for Mcllroy HWY. 71 BY-PASS AND HWY. 62 Bank and Trust Motor Bank to be CONTROLLED ACCESS HIGHWAY located on the Northwest corner of Highway 71 By-pass and Highway 62 West. Property is zoned C-2 Thoroughfare Commercial District, and contains .71 acre. Highway 71 By -Pass is designated a "controlled access highway" and requires provision for a service road. Paul Young was present to represent. Ernest Jacks stated that the West side of_the proposed motor bank would be contiguous to the West Gate.;Shopping Center parking lot. He stated that the bank could be reached by going across the parking lot. Peg Anderson moved to approve the plan as submitted. Martin Redfern seconded. Don Hunnicutt asked about sidewalk requirements, he stated that the bank plans showed none on the perimeter. Ernest Jacks asked if the area was designated on the Master Sidewalk Plan. Hunnicutt stated that Highway 62 was on the Master Sidewalk Plan. Bobbie Jones stated that the ordinance provides that as commercial, industrial or multi -family development that takes place along any street which is not constructed to City Standards, the Developer shall install sidewalks. She stated that this was a commercial development and that sidewalks should be installed. The Chairman stated that the ordinance provides for the installation of sidewalks along Highway 62 and not on the off ramp. Peg Anderson stated that she would like to change her motion and moved to approve the plan as submitted with the contingency that sidewalks will be installed as per the ordinance. Martin Redfern seconded. Mr. Young asked if the sidewalks would be adjacent to the Highway or to the property line. Bobbie Jones replied that Mr. Young should consult the Highway Department to see where the sidewalks should be placed. Bobbie Jones stated that Mr. Young had advised her that a Highway Department representative had told him that a contract has already been let on the service road but it will not be completed until 1981. The Commission voted on Peg Anderson's motion to approve, and the motion passed unanimously (7-0). The fourth item of business CONDITIONAL USE was a Conditional Use Request to LOW DENSITY RESIDENTIAL DISTRICT change non -conforming use of property 1540 HUNTSVILLE ROAD at 1540 Huntsville Road. Property is zoned R-1, Low Density Residential District. The request, submitted by Steve Simpson of Lindsey $ Associates, is to change the use from "retail sales and repair of restaurant equipment to "retail sales Planning Commission Meeting August 11, 1980 Page 3 of carpet and floor coverings". Steve Simpson was present to represent. Simpson stated that he would like to add that the Use would also include the manufacture and sales of synthetic marble counter tops. Windell Cullers asked if this would be a sale or lease Mr. Simpson replied that it would be a lease with an option to buy. Bobbie Jones stated that the cubic content of the building could not be increased nor could the outside of the building be enlarged. She further stated that the Commission could approve the use if it was at least as appropriate as the previous use. Windell Cullers moved to allow the request for the change of the conditional use from retail sales and repair of restaurant equipment to the retail sales of carpet and floor covering and the manufacture of synthetic marble counter tops. Elizabeth Crocker seconded. Ernest Jacks asked if there was anyone present in the audience appearing in opposition to the request There was no one present in opposition. Newton Hailey felt there may be a greater traffic flow to a business that sold carpets, as opposed to a retail restaurant equipment and service establishment. Simpson stated that Huntsville Road is. well travelled, he did not see a great increase in traffic flow. He stated that there was a great deal of parking and that the establishment would have easy access. He stated that the parking area provides for plenty of room to turn around and that there would be no traffic backing out onto Huntsville Road. Newton Hailey stated he would like to see ingress/egress off of Sherman rather than Huntsville. Windell Cullers stated that would be confusing to the customers. The Commission voted on Windell Cullers' motion to approve, the motion passed (7-0). The next item on the Agenda was the CONDITIONAL USE Conditional Use Request to construct APARTMENTS IN R-0 apartments in the R-0, Residential Office KANTZ DRIVE AND EAST OAKS District submitted by Gary Carnahan for Lindsey Construction Company, Inc. and L -Saw Rentals, Inc. The request is filed for Lots 10, 11 and 12, Block 2, Kantz Place and is specifically located on the Southeast corner of Kantz Drive and East Oaks Drive. The three lots involved total 1.57 acres and would have a total of 40 dwelling: units constructed on them. No large scale development plan would be processed as each lot would be handled as a separate development. Gary Carnahan was present to represent. Gary Carnahan stated that normally, R-3 Density is allowed in R-0 zoning, which the site of the proposed development. is. He stated that the proposed apartments would have R-2 Density. He said that he is proposing 40 units in an area that would allow up to 68 units on the same tract. Carnahan felt the complex would blend in well with the surrounding areas. Peg Anderson stated that actually, any apartments in R-0 are a conditional use She felt apartments should be allowed in R-0 along with C-1 and C-2 zones, in which they are not allowed. She moved to approve the Conditional Use Request and Don Hunnicutt seconded. The motion passed (7-0). Mrs. Anderson said she would like the Commission to consider allowing apartments in the Commercial Districts. She thought the Commission would soon be seeing proposals for apartments over commercial establishments. • • • Planning Commission Meeting August 11, 1980 Page 4 Ordinance No. 2647, recently amended INFORMATIONAL ITEM Section 18-47 (B)(3) of Chapter 18 of the STREET IMPROVEMENTS Fayetteville Code of Ordinances and pertains to :- improvements to sub -standard streets to be required when the property fronting on said streets is developed. Mr. Jacks said that Jim McCord felt that the previous ordinance was too broad and needed to be brought into better focus, in relation to applying rational nexus. The amendment requires the dedication of right-of-way when a commercial, industrial or multi -family development takes place, and the installation of off-site improvements. The developer will be required to bear that portion of the cost of improvement which bears a rational nexus to the needs created by the development. Mr. Jacks stated that a committee composed of Mort Gitelman, Keith Newhouse, and Larry Wood had been appointed to look at the Large Scale Development ordinance. Jacks stated that the Mayor had PARKS STUDY requested that the Commission look at the problem of providing funds for Public Parks. Jacks said that he was re-forming a Committee to look at this problem again, consisting of himself, Don Hunnicutt, Ann Henry, David Lashley, Jim Lindsey and Helen Edmiston. Jacks said that when he had worked on this problem before, the Committee had vacillated between an incentive ordinance and a mandatory ordinance. He said at that time, the Committee had not wanted to write a mandatory ordinance. Windell Cullers stated that he had BOARD OF ADJUSTMENT discussed some things with Don Mills of the Board of Adjustment. He stated that the Board of Adjustment did not have enough leeway in granting variances. He also stated there are many older pieces of property in town that cannot be improved because of their existing non -conforming status. Mr. Cullers felt this was nonsence. Peg Anderson stated it was her understanding that the Board of Adjustment is governed by state law and that there is nothing they could do but adhere to the rules set down for them. Windell stated that was correct. Cullers stated he was proposing that older pieces of property be given a freer rein. Don Hunnicutt asked what course of action these people had if they were turned down by the Board of Adjustment. Cullers stated that the Board of Adjustment was the last rung and that people wanting a variance had no further course of appeal. Bobbie Jones stated that in the past, City Attorneys have advised the Board to also consider practical difficulty as well as undue hardship. Bobbie further stated that there was a time when a member of the Planning Commission served on the Board of Adjustment so the two groups had some communication between them at that time. Peg Anderson stated she felt this was a matter for legal interpretation. Bobbie stated there is an attorney on the Board of Adjustment. There being no further business, the meeting adjourned at 5:57 P.M.