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HomeMy WebLinkAbout1980-09-22 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Planning Commission was held at 5:00, P.M., Monday, September 22, 1980, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Ernest Jacks, Don Hunnicutt, Martin Redfern, Peg Anderson, Morton Gitelman, Newton Hailey, Beth Crocker, Windell Cullers. MEMBERS ABSENT: OTHERS PRESENT: Keith Newhouse. Larry Wood, Cynthia Stewart, Bobbie Jones, Ralph Gray, Bill Scott, Elvie Heiney, John Maguire, John Ambrose, 0. U. Green, Mrs. George Gray, Sr., Joe Philips, Paul Marinoni, Jr., Bryce Davis, Bill Lazenby, Emil and Darlis Utecht, David Gilbert, and other members of the press and audience. The minutes of the September 8, 1980 Planning Commission Meeting were approved as mailed. MINUTES The first item for consideration THE ASPEN was the Large Scale Development Plan for the A LARGE SCALE DEVELOPMENT Aspen Apartments to be located on 7.25 acres RALPH GRAY North of Wedington Drive and West of Garland Avenue; Ralph Gray - Owner. Also, includes a request for waiver of sidewalk requirements from a point starting with the West property line and running East to the Central Access Drive. Zoned R-2, Medium Density Residential District. Ralph Gray and Bill Scott were present to represent. The Chairman asked for a recommendation from the Subdivision Committee. Newton Hailey made a motion to approve the Large Scale Development Plan for the Aspen Apartments with the following contingencies: 1. The entrance off of Wedington Drive will be ingress/egress with a left hand turn lane. An additional ingress/egress will be placed in an easement to be obtained from Washington Madison Baptist Association to provide access to James Street. 2. Waive the 12-1/2 ft. setback requirement from adjoining property lines for the drive to be placed in the Northeast corner of the Development to provide access to James Street. Also, waive the 25 ft. setback requirement between individual drives. 3. Sidewalks will be as per recommendation by the City Board of Directors. 4. All other Plat Review comments will be applicable. Don Hunnicutt seconded Newton Hailey's motion to approve with the above mentioned contingencies. Planning Commission Meeting September 22, 1980 Page 2 Martin Redfern asked if the Arkansas Highway Department has approved the alternate access plan. Newton Hailey stated that the Plat Review Committee had suggested two additional drives restricted to one-way, in addition to the centrally located ingress/egress for a total of three drives off of Wedington. He said the Highway Department did not approve of so many drives off the Highway. Peg Anderson asked if there would be only one point of access. Newton Hailey stated that is not correct, that there would be another point of access at the Northeast corner of the Development out to James Street. Martin Redfern asked if the sewer problems had been resolved. Bill Scott replied that they had been. He explained that the Development would be served from a gravity system to the North. He stated that the gravity system would handle the needs of the Development and that he had a letter from the City Engineer Don Bunn to that effect. Bobbie Jones asked Mr. Gray if he would be purchasing the property that would be contained in the easement used for access to James Street. Mr. Gray said he would not be purchasing title to the property, only an easement. The Commission voted on Mr. Hailey's motion to approve. The motion passed (8-0). As no revisions were submitted to the Office of City Planning, the third item was withdrawn. The fourth item of business was REZONING PETITION R80-191'. the Public Hearing on Rezoning Petition JOHN MAGUIRE R80-19, John Maguire, to rezone property SOUTH OF HWY. 16 EAST located South of Hwy. 16 East, East of Ed Edwards Road, and West of Mally Wagnon Road from R-1, Low Density Residential District, to C-1, Neighborhood Commercial District. Elvie Heiney and John Maguire were present to represent. The Chairman asked for Planning Consultant Larry Wood's comments. Larry Wood stated that he recommends the C-1 zoning for the following reasons: 1. The property is located within the Baldwin Community, and is indicated on the adopted General Plan as a commercial grouping within the Baldwin Community. 2. The rezoning is in character with the commercial developing nature of the property along the South side of Hwy. 16 East. 3. Water and sewer facilities are on the site and available to serve commercial development. The Chairman asked if there was anyone present in the audience against the requested rezoning. There was no one present in opposition. Beth Crocker asked Larry Wood how much of this area was planned for Commercial development, she stated she did not want to see a stripping out of commercial along Hwy. 16. Larry Wood said that everything from Ed Edwards Road, East, about 330 ft. past Mally Wagnon Road, on the South side of Hwy. 16 East is recommended for Planning Commission Meeting • September 22, 1980 Page 3 • • commercial development, according to the General Plan. Windell Cullers moved to approve the rezoning of the 2.14 acres from R-1 to C-1. Don Hunnicutt seconded. Beth Crocker pointed out that all of the 2.14 acres was not within Fayetteville's City Limits, and asked Windell if he would like to change his motion to reflect this. Windell amended his motion to move that the requested rezoning be granted for that portion of the 2.14 acres that lies inside the Fayetteville City Limits from R-1 to C-1. Don Hunnicutt seconded, the motion passed (8-0). The next item for consideration was the REZONING PETITION R80-20 Public Hearing on Rezoning Petition JOHN AMBROSE R80-20, John R. Ambrose to rezone NORTH OF HWY. 62 WEST property located North of Hwy. 62 West and West of Dinsmore Trail from A-1, Agricultural District, to C-2, Thoroughfare Commercial District. John Ambrose was present to represent. The Chairman asked for Larry Wood, the Planning Consultant's comments. Mr. Wood stated that he is recommending this rezoning for the following reasons: 1. He said that a special study had been performed on this piece of property, and that this piece of property is recommended in the General Plan for commercial development. 2. Water and sewer are available 3. It is in character with the development of the area, there is commercial development to the East and to the South of this tract. Peg Anderson said that on her map it appears that a road goes down through the middle of this tract of land. Bobbie Jones explained that what looks like a road on the map is actually a section line, but that is an error in the map. All the property under petition is in Section 19. Peg Anderson asked if the plan was to strip the property along the Highway all the way to Farmington, with commercial development. Larry Wood stated that commercial development, according to the General Plan would stop just West of this property. Ernest Jacks asked if there was anyone present in the audience either for or against this proposed rezoning. There was no one present in opposition. Mort Gitelman stated that according to the land use map, the property immediately to the West of this property is proposed for R-2, tapering into R-1. Windell Cullers moved to approve the rezoning petition R80-20 to rezone this property from A-1 to C-2. Martin Redfern seconded. The motion passed (8-0). Planning Commission Meeting September 22, 1980 Page 4 The sixth item of business was a CONDITIONAL USE conditional use request submitted by 0. U. Green 0. U. GREEN for a tandem lot at 1540 East Fifth Street, TANDEM LOT zoned R-1, Low Density Residential District. 0. U. Green was present to represent. The Chairman asked Bobbie Jones if the adjoining property owners had been notified. Bobbie replied that three adjoining property owners had been notified. Mr. Green stated he had spoken to all of his neighbors. Peg Anderson asked if the lot would be developed with a single family home. Mr. Green replied that it would. Beth Crocker asked if utilities would be provided to the lot. Mr. Green said that all utilities are available to this lot. Don Hunnicutt asked if Mr. Green would be able to get to the sewer line from the West where he has access to Sth Street. Mr. Green stated that he owns title to 30 ft. between Lots 3 $ 4, for access or utilities. Peg Anderson moved to grant the conditional use for a tandem lot. Mort Gitelman seconded. The motion passed (8-0). The next item for consideration was the conditional use request submitted by George Gray, Jr. for a tandem lot at 3310 City Lake Road, Zoned A-1, Agricultural District. Mrs. George Gray, Sr. was present to represent. The Chairman asked if the adjoining property owners had been notified. Bobbie Jones said that they had been notified. The Chairman asked if there was anyone present in the to this request. There was no one present in opposition. Peg Anderson asked if the access to the tandem lot was Mrs. Gray replied that it is actually a road. Bobbie Jones a City road, but that both adjoining property owners had for a road Bobbie said that the applicant's deed should for access of 30 ft. for the road. Peg Anderson moved to approve the tandem lot request seconded. The motion passed (8-0). CONDITIONAL USE GEORGE GRAY, JR. TANDEM LOT audience in opposition a deeded easement. said this is not reserved 30 ft. each contain an easement and Mort Gitelman The next item of business CONDITIONAL USE - TANDEM LOT was a Conditional Use request JOE PHILIPS submitted by Joe C. Philips for a 1690 HUNTSVILLE ROAD tandem lot at 1690 Huntsville Road, zoned R-1, Low Density Residential District. Joe Philips was present to represent. The Chairman asked if adjacent property owners had been notified. Bobbie Jones replied that they had. Mr. Philips stated that he had purchased this property totally unaware that there was any problem with it, until he had applied for a building permit. Peg Anderson asked Mr. Philips if he owned the easement to the road, on the drawing. Mr. Philips said that he does. Planning Commission Meeting September 22, 1980 Page 5 Peg Anderson moved to approve the tandem lot request. Windell Cullers seconded. The motion passed (8-0). The next item for consideration was VARIANCE FROM LOT SIZE the request for a variance from REQUIREMENT - LOT SPLIT the lot size requirement applicable to a PAUL A. MARINONI, JR. lot split, submitted by Paul A Marinoni, Jr. for property South of Wedington Drive, West of Lonnie Avenue and East of Cumberland Presbyterian Church, Zoned R-1, Low Density Residential District. Paul A. Marinoni, Jr. was present to represent. Mr. Marinoni stated that he had laid a subdivision out about 15 years ago. He said he and his father had run a road back 420 ft. that it has curb and gutter, and water and sewer, but no pavement. He said they have never filed the final plat. He wishes to complete the project on this portion, file dthe final plat, and dedicate the street to the City. The tract will be developed into Single Family Residential lots. The street will be located on the West side of the property. Bobbie Jones said there will be streets on both sides of the lots, and a drainage ditch on the East side of the property. Mr. Marinoni stated that Lonnie Street would be on the East and Aberdeen Street would be on the West. Mort Gitelman asked if Mr. Marinoni does not file the final plat, if he could perform future lot splits. Bobbie said that legally, Mr. Marinoni, Sr. could split his property two more times before being required to file a formal Subdivision Plat. Windell Cullers asked if there is a plat on file of this property. Mr. Marinoni stated that a preliminary plat had been "filed" fifteen& years ago and that he was planning on revising it. It was never recorded as a final plat. Mort Gitelman moved to approve the lot split. Martin Redfern seconded. The motion passed (8-0). The next item on the Agenda CONDITIONAL USE IN R-0 was the Conditional Use Request submitted BETTY JOE DRIVE by Bryce Davis for Bill Lazenby to DAVIS - LAZENBY construct apartments at 937, 951, 1011, and 1035 Betty Joe Drive, zoned R-0, Residential -Office District. Bryce Davis and Bill Lazenby were present to represent. The Chairman asked if the adjoining property owners had been notified. Bobbie Jones replied that they had. Mort Gitelman stated that both medium density and high density apartments are permitted upon conditional use in R-0, he asked Mr. Davis if he had a specific request. Mr. Davis stated he was planning on developing the property at medium' density, four to twenty-four families per acre. Peg Anderson asked if this was a Large Scale Development. Mr. Davis stated that the subdivision plat, for this property, had been approved, but that at this time he is requesting a conditional use. 4o` Planning Commission Meeting September 22, 1980 Page 6 Peg Anderson asked the status on sewer service. Mr. Davis said that sewer is available and adequate, and that it comes from in back of Maple Manor Apartments. He stated that all utilities are in place Don Hunnicutt asked what size water line would be servicing this area. Mr. Davis said there is an eight inch water line in the street. Peg Anderson moved that the Conditional Use be approved for Medium Density Development in Residential Office District. Beth Crocker seconded. The motion passed unanimously (8-0). The next item was an opinion OPINION FROM CITY ATTORNEY from the City Attorney regarding the legality of the City requiring sidewalks to be constructed as shown on the Master Sidewalk Plan where sidewalks have previously been waived in the approval of a subdivision plat. Ernest Jacks asked Bobbie Jones to outline this item for the Commission. Bobbie Jones stated that when the Subdivision Plat for Township Common was at the preliminary plat level, the Planning Commission waived the off-site sidewalk requirements along Township Road. Since that time, the Master Sidewalk Plan has been implemented and it calls for sidewalks along both sides of Township Road (two lots will be involved). She stated that about the same time the Planning Commission requested a clarification on this subdivision, the Board of Directors asked for a clarification on Wade Bishop's Subdivision on the North side of Appleby Road. Ernest Jacks said he felt the opinion meant that sidewalks would not be required if they were waived at the preliminary plat level. Ms. Jones said that is correct, but that the builder can still be required to install the sidewalks as designated on the Master Sidewalk Plan. Mort Gitelman felt that if someone is going to be required to install sidewalks when they develop their lot, that should be so noted on the Plat at the preliminary level. Beth Crocker felt that this makes the preliminary plat stage of a development even more important. She said that it seems that if sidewalks are not required at the preliminary level, the developer will not be required to install the sidewalks. Bobbie said the purpose of the preliminary plat is to inform the Developer of exactly what improvements he will be required to do Beth Crocker asked if the sidewalks were waived. Bobbie Jones said that in the case of Township Common, sidewalks were waived. She stated she does not consider a waiver unless it is specifically addressed or requested. Jacks asked if a builder would not be able to obtain a building permit for lots in Township Common until such time as Milby Pickell installs sidewalks. Bobbie Jones said the builder would be required to install the sidewalks, according to the Ordinance. She said according to the ordinance, the sidewalks must be installed within three months of the date of issuance of the building permit. Newton Hailey said something to that effect should be noted on the Final Plat. Bobbie said that she would ask Jim McCord if the Developer could be required to include a note on the final plat. Planning Commission Meeting September 22, 1980 Page 7 Martin Redfern asked if this could happen again in the future. Ernest Jacks said it is unlikely as sidewalks are no longer being waived. Bobbie Jones said it could come up on the future phases of Wade Bishop's other property on Appleby Road The Chairman passed the Commission on to item twelve on the Agenda. Ernest Jacks said he would report on the REPORT FROM Green Space Committee in which Don Hunnicutt GREEN SPACE COMMITTEE and himself had been involved. He stated that the Committee had been trying to frame up an ordinance for a year. The intent of the Committee was to get more park spaces. An incentive ordinance had been extremely difficult to formulate. The mandatory ordinance had so many inequities, that it had also been difficult. The Committee finally recommended to the Board of Directors that the funds for parks come from General Funds The Parks Board had written a letter stating that they need park lands and that they would cooperate with the Commission. They had suggested requiring Developers to furnish lands for parks. Mayor John Todd and Director Frank Sharp were also concerned about getting something together.. Jacks said that he and Larry Wood had gone over the mandatory ordinance and had listed the difficulties with that type of ordinance. The Green Space Committee has set up a meeting for Thursday, September 25, 1980, to try to formulate a recommendation for the Planning Commission in the near future. The problems have been studied, all that is left to be done is to have a decision made one way or another. Martin Redfern, Chairman of the REPORT FROM Committee set up to study the TOWNHOUSE STUDY CO[MITTEE setbacks and width requirements in Townhouse Developments, gave his report. He stated that once the width requirements of Townhouse Developments is waived there may be problems with minimum square footage. A preliminary ordinance had been drafted by Jim McCord. Martin Redfern suggested that the Committee meet again, Larry Wood, Ernest Jacks, Don Mills, and Jim Lindsey, and try to reconcile the changed width requirements with minimum square footage requirements. The next item of business was APPOINTMENT OF COMMITTEE the appointment of a Committee TO MEET WITH MEMBERS from the Planning Commission to OF THE BOARD consult with a committee from the Board of Directors regarding the Planned:Unit Development (PUD) Ordinance. Ernest Jacks stated he had spoken with the Mayor, John Todd, about the meeting of the two committees, the Mayor had appointed himself, and Director's Rick Osborne and Paul Noland to serve as representatives from the Board of Directors. Jacks stated he would serve and asked Windell Cullers and Beth Crocker to join him in this Committee. A meeting of the two committees had been set up for (i93 Planning Commission Meeting • September 22, 1980 Page 8 Thursday, September 25, 1980, at 4:30, P.M. One of the items discussed will be whether a PUD is a use by right in R-1. Bobbie Jones asked about the Large Scale Development Definition Committee. Mort Gitelman said the Committee has a report, but Keith Newhouse has it. The next item of business CLARIFICATION OF LSD PLAN was a letter from Emil Utecht MISSION BLVD. BAPTIST requesting clarification of conditions CHURCH - EMIL UTECHT',; of approval of the Conditional Use and Large Scale Development Plan for Mission Boulevard Baptist Church at 2006 Mission Boulevard, zoned R-1, Low Density Residential District. The Chairman stated that some of the items mentioned in Mr. Utecht's letter should not be addressed by the Planning Commission, but are matters for the Police Department or the City Manager's Office. Jacks stated he would like to address the matter of whether the natural vegetation located on the site was to be left intact as a condition of the approval of the Large Scale Development Plan by the Planning Commission. Jacks said that in the minutes, Mr. Disney had stated he would leave the natural vegetation, but the Commission had not made that a condition of approval. Emil Utecht was present. David Gilbert was present representing Mr. Disney and the Church. Darlys Utecht asked the Commission when the Church would be required to build the view -obscuring fence that had been a condition of approval of the Large Scale Development. Mr. Jacks replied that the fence would have to be constructed prior to occupancy of the building. Mr. Utecht asked the Commission if they had approved the Large Scale Development as it was drawn on Mr. Disney's plans. In the drawings the Church had shown a 30 ft. buffer of existing vegetation between the Church and the houses developed on Lisa Lane, plus 160 ft. of vegetation extending from Highway 45 to the Church. The Chairman said the Conditions of approval did not mention the foliage as a condition of approval. Mr. Utecht felt that his privacy had been invaded. He stated that not only had the vegetation been removed, but the persons working on the Church construction were working until 3:00 and 4:00, A.M. and disturbing the neighborhood. Mr. Utecht said he would like the view obscuring fence constructed now. He said the lights and the noise were very disturbing to him. The Chairman said the Commission has no power over this type of disturbance, and asked Mr. Utecht if he had complained to the Police Department or the City Manager's Office. Mr. Utecht stated he had complained to the Police Department, the Fire Department and, also, the City Attorney, Jim McCord. Windell Cullers said that as long as the persons were complying with the ordinance, the Planning Commission cannot impose any restrictions on the builders of the Church. The Chairman asked why the Church had removed the vegetation. David Gilbert, representing the Mission Boulevard Baptist Church, addressed the Commission. He stated when the Church first appeared before the Commission, Mr. Utecht and other neighbors were concerned about the invasion of their privacy, Planning Commission Meeting • September 22, 1980 Page 9 heat factors, etc. He stated that when the meeting adjourned, and final approval had been granted, Mr. Utecht had approached Mr. Disney and requested a meeting between the neighbors on Lisa Lane and the Church, to discuss the view -obscuring fence, and Mr. Disney had agreed. Brian Disney and Ron Rone met with Mr. Utecht and Mr. Utecht had requested a 14 ft. view -obscuring fence. Mr. Gilbert said the Church's original intention was to leave the foliage intact in an effort to buy some good will. At the time of the meeting, it was understood by the Church that good will could not be bought. He said the Church had decided to utilize the land and comply with the City Ordinances in regard to the fence. Ernest Jacks asked if the Church had removed the foliage in order to get their parking situated the way they wanted it. Mr. Gilbert stated this would give the Church more parking and, also, flumes for drainage. Darlys Utecht addressed the Commission. She stated she had met with Mr. Disney and Mr. Rone, they had viewed the Church site, and Mr. Disney had said he would leave the vegetation, and that the parking lot would be lowered. They had decided that the height of the fence would be agreed upon at a later date. She said all of the vegetation had been removed. Ms. Utecht cited a letter to Mr. Disney from Bobbie Jones, Planning Administrator, and she interpreted this letter to require that the view -obscuring fence be constructed immediately. Ernest Jacks said the fence would have to be constructed prior to issuance of the Certificate of Occupancy. Don Hunnicutt explained that a fence would also have to be constructed to obscure any additions to the Church, in the future. The fence for future • additions would not be required until the additions are constructed. Windell Cullers asked Mr. Utecht what he was requesting of the Planning Commission. Mr. Utecht stated that on Mr. Disney's plans he had noted that the 30 ft. of vegetation would be left intact between the Church and Lisa Lane, and that the 160 ft. of vegetation would be left intact from Highway 45 back to the Church. He asked if the Commission had approved the plans as they had been drawn and presented. Peg Anderson left the proceedings at 6:10, P.M. Mort Gitelman said that there is nothing in the Ordinance that says the Planning Commission can require a developer to leave existing vegetation. He said the Commission had discussed requiring developers to leave trees and vegetation, but the City Board of Directors has never adopted such an ordinance. Mr. Utecht said that Mr. Disney said he would leave the vegetation, and wondered if he had the right to come in now and remove it. Windell Cullers said the Church had been approved, the fence would have to be constructed before the Church can be occupied. • There being no further business, the meeting adjourned at 6:15, P.M.