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HomeMy WebLinkAbout1980-12-22 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the Planning Commission was held at 5:19, P.M., December 22, 1980, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Ernest Jacks, Don Hunnicutt, Keith Newhouse, Beth Crocker, and Martin Redfern. Mort Gitelman, Newton Hailey, Peg Anderson and Windell Cullers. Jim Vizzier, Jim Hill, Mel Milholland, Dr. Donald W. Stanton, B. W. $ Mildred Graue, R. C. Wray, Mr. and Mrs. Myron E. Lancaster, City Attorney Jim McCord, Larry Wood, Jim Lindsey, Cynthia Stewart, Bobbie Jones and other members of the press and audience. The minutes of the December 8, 1980 Planning Commission meeting were approved as mailed. MINUTES The next item of business was PRELIMINARY PLAT the approval of the Preliminary Plat WASHINGTON MOUNTAIN PUD of Washington Mountain, a Planned Unit Development to be located West of Highway 71 By-pass, South of Highway 62 West and East of Finger Road, Washington Properties - Owner and Developer. A portion of this development lies outside the City Limits, the County has indicated they would like this portion to conform to City Standards, and the Developers have indicated that they will have this portion annexed into the City Limits. The portion lying inside the City Limits is Zoned R-1, Low Density Residential District. James Vizzier, Jim Hill and Mel Milhol•land were present to represent. Ernest Jacks asked for the Subdivision Committee's recommendation. Keith Newhouse, Chairman of the Subdivision Committee moved that the Preliminary Plat for Washington Mountain PUD be approved with the following conditions: 1. Easements will be indicated on the Preliminary Plat as being 25 ft. on each side of the street until engineering data is compiled, at that time, the utility companies will close those easements that are not to be used 2. Waive the maximum number of units allowed on a dead end street and the maximum length of a dead end street. 3. The first phase of development will consist of a strip of land located on the West side of the Development being 1/2 mile long and 800 ft. wide, with access on Finger Road. Street lights will be as recommended by the Board of Directors. Sidewalks will be as required by the Subdivision Regulations. Planning Commission will determine the developer's proportionate share • • • Planning Commission Meeting December 22, 1980 Page 2 of off-site improvements. (Bringing Finger Road up to City Standards between the development and Highway 62.) 7. All Plat Review Committee comments from the November 20, 1980 and the December 18, 1980 meetings will apply. Ernest Jacks asked if the Planning Commission had to make the determination of proportionate share of improvements to Finger Road at this time. Bobbie Jones said it isaimportant for the Developers to know the cost they will have to incur in the improvement of Finger Road at this time. Beth Crocker said she did not know if the Developers' figure of 20% of the improvements would't'be enough, as there would be no need for Finger Road to be improved if the Developers were not putting 180 units in. She felt the Developers were creating the need for the improvement. Jacks said he would like to get a recommendation on the Developers' share of improvements from the City Street Superintendent and the City Engineer. Beth Crocker seconded Keith Newhouse's motion to approve the Preliminary Plat for Washington Mountain PUD with the above contingencies. Jacks said that a process would have to be set up for determining the Developers' share of the expenses in improving Finger Road. He stated he did not feel the Planning Commission should make a recommendation without first talking to Clayton Powell and Don Bunn. The motion to approve passed (5-0). The third item of business was the Public Hearing on Rezoning Petition R80-31, Donald W. Stanton, to rezone property located South of North Street, West of Storer Avenue, and East of Oakland Avenue from R-3, High Density R-0, Residential Office District. Donald Stanton was present to represent. The Chairman asked for Larry Wood, Planning Consultant's Wood stated he is recommending the R-0 zoning for the following reasons: REZONING PETITION R80-31 DONALD W STANTON NORTH ST. W. OF STORER, E. OF OAKLAND Residential District,to comments. Larry 1. The necessary public facilities and services are available to support the potential uses of the R-0 District. 2. The potential uses of the R-0 District are compatible with those of the R-3 District. 3. The property under application is being attached to an existing R-0 District. NOTE: In 1978, application (R78-27) was approved which rezoned Lot 1, Block 2 of Rose Hill Addition. It was suggested at that time that the applicant consider acquiring additional land to present a better development package. Planning Commission Meeting December 22, 1980 Page 3 Dr. Stanton stated that he is purchasing this additional area in order to provide more parking. He stated that the use will be the same as requested back in 1978. The parking will be provided for an outpatient veterinary clinic. The Chairman asked if there was anyone present in the audience appearing in opposition to the rezoning request. There was no one present in opposition. Keith Newhouse moved to approve the rezoning requested based on the positive recommendation by the Planning Consultant. Beth Crocker seconded. The motion passed (5-0). The fourth item of business REVISED PLOT PLAN was a revised plot plan submitted MILDRED GRAUE by Mildred Graue on a Conditional Use 314 WEST ROCK STREET Request to construct an 8-plex at 314 West Rock Street, zoned R-0, Residential Office District. A Conditional Use was granted on November 10, 1980, with a stipulation that a revised plot plan would be submitted to the Planning Commission for approval. Mildred and Bill Graue were present to represent. Ernest Jacks said that when the Conditional Use was granted, there had been a question of whether the Developer could provide adequate parking and still construct an 8-plex. Mildred Graue stated that the number of units had been reduced from eight to seven, and that adequate parking and drive facilities have been provided in the plot plan. Bill Graue stated that room had also been provided for dumpsters, and that Wally Brt had approved the plan. Keith Newhouse moved to approve the revised site plan for Mildred Graue for a seven plex at 314 West Rock Street and Don Hunnicutt seconded. The motion passed (5-0). Bobbie said that the Graue!•s.Should make sure that they do not encroach on their neighbor's property. She felt the development would be tight. The next item of business was a request to construct temporary driveways on the undeveloped street right-of-way of James Way (East of REQUEST TO CONSTRUCT TEMPORARY DRIVES ON JAMES WAY BALL AND HATCHER Walnut Avenue and West of Rayview Drive) submitted by Rudy Hatcher and Wayne Ball. Zoned R-1, Low Density Residential District. There was no one present to represent. Bobbie Jones said that the owners had combined three of the lots and are considering them as one tract. Ernest Jacks said he had been submitted a letter that requested this matter be tabled. Also, he had received a copy of a telegram from Mr. Steve Williams, the owner of the property at 1754 Walnut, requesting that the Commission deny this request. The Chairman asked if there was anyone present in the audience appearing in regard to this request. Mr. R. C. Wray, 1719 Rayview, addressed the Commission. Mr. Wray said that when he purchased his property, he thought the neighborhood would be developed • • • Planning Commission Meeting December 22, 1980 Page 4 single family. He stated that he does not like the term "private drive", as the owners could put up a gate. He wondered how the owners of the lots below the three purchased by Mr. Hatcher and Mr. Ball would get access. Also, he felt that if development consisted of Mr. Hatcher's and Mr. Ball's property only, that the road would never get paved. Mrs. Myron Lancaster, 1722 North Walnut, addressed the Commission. She stated she is opposed to the granting of this request. She felt that if the road remains unimproved and if anything other than single family residences are constructed in the neighborhood, that there will be an erosion problem, and that one already exists. She wondered who would be responsible for maintaining the drive if approval is granted for it to become a private drive. She felt that if the request is granted, that the abstract should indicate who will be responsible for maintaining the private drive. Ms. Lancaster felt that by allowing the owners to combine the three lots, that perhaps something other than single family would be constructed back there and that it would destroy the R=1 nature of the neighborhood. Hunnicutt asked who would pave the street. Mr. Wray stated that the property owners would be responsible. He stated that Mr. McClelland, the subdivider, had said that the street would be paved when the lots were developed. Martin Redfern moved to table the request to give Mr. Ball and Mr. Hatcher a chance to appear and give their input. Also, the letter had stated that a property owner who is in favor of the request is ill and that he would like to hear their comments also. Mr. Wray said that if the applicants are allowed to make that a private drive, he felt the right-of-way should be vacated. Don Hunnicutt seconded Martin Redfern's motion to table. The motion passed (5-0). Mr. Myron Lancaster stated that he had requested to use the right-of-way in much the same manner as the applicants are requesting when he built his home and had been denied. Jacks said he would like those persons who had appeared to be informed when this matter comes back before the Planning Commission. The sixth item of business was a Public Hearing to consider an ordinance to amend Appendix A, (Zoning), Art. 8, Section 11, of the Fayetteville Code of Ordinances, to define a Large Scale Development, and for other purposes. Ernest Jacks said he had input that the Ordinance would greatly increase the work load of both the Planning Office and the Plat Review Committee. He wondered if perhaps a paragraph could be added to exclude certain types of construction. Larry Wood said that the original amendment had been worded to exclude any developments that did not have 10,000 square feet or 25 parking spaces Bobbie Jones said that if this was the case, the only developments that would have to follow the Large Scale Development process would be eight-plexes or larger, and developments of over an acre. PUBLIC HEARING ORDINANCE TO AMEND APPENDIX A, ART. 8, SEC. 11 LARGE SCALE DEVELOPMENTS • • • Planning Commission Meeting December 22,:1980 Page 5 Jim McCord said he liked Mr. Wood's concept. McCord suggested that he get with Mr. Wood and that they work on the amendment. Beth Crocker moved to send the amendment back to committee for revision. Keith Newhouse seconded. Bobbie Jones pointed out that this was a public hearing and wondered if Ms. Crocker would like to amend her motion. Beth Crocker amended her motion to reflect that the public hearing be continued on.this'item. Keith Newhouse seconded. The motion passed (5-0). The next item of business was a Public Hearing to consider an ordinance to amend Appendix A, (Zoning), Art. 7, Section 21, Fayetteville Code of Ordinances to clarify the regulations pertaining to tandem lot development. The Chairman asked if there was anyone present in the+.:.audience either in favor or against the amendment. There was no one present either for or against the proposed amendment. Keith Newhouse moved to recommend the amendment to the Board of Directors for approval.. Beth Crocker seconded. Martin Redfern asked Jim McCord if he was comfortable with Section 2A of the proposed ordinance. McCord stated he is. The Commission voted on Mr. Newhouse's motion to approve. The motion passed (5-0). PUBLIC HEARING ORDINANCE TO AMEND APPENDIX A, ART. 7, SECTION 21 The next item of business was a public hearing to consider an ordinance to amend Appendix A, (Zoning), of the Fayetteville Code of Ordinances, to amend the minimum lot width and area requirements for townhouses, to amend height regulations for buildings in excess of 20 ft. in height, to amend the definition of townhouse and to define condominium. This public hearing had been continued from December 8, 1980. Martin Redfern, Chairman of the Committee formed to consider this amendment, stated that Jeff Slaton, from Villa North Subdivision had contacted him and requested that the Commission consider wording the ordinance so that it would not apply to subdivisions that had already been approved through the Planning process (platted). Bobbie Jones said she had also talked with this. gentleman, he had wanted the Commission to word the ordinance so that it would apply only to subdivisions approvedC..after the ordinance is adopted and not be retroactive. Redfern said that Mr. Slaton had felt that the change was much more intensive than Mr. Redfern feels it is. McCord said that he would not be in favor of such a change in the proposed ordinance, as it could be subverted simply by resubmitting a subdivision plan. He felt that it would cost the Developer more money and really would not be effective. PUBLIC HEARING ORDINANCE TO AMEND APPENDIX A, OF THE FAYETTEVILLE CODE OF ORDINANCES • • Planning Commission Meeting December 22, 1980 Page 6 Martin Redfern moved to recommend approval of the proposed ordinance to the Board of Directors. Don Hunnicutt seconded. The motion passed (5-0). Ernest Jacks, Chairman of the COMMITTEE REPORT Green Space Committee gave his report. GREEN SPACE Jacks asked the Commission to consider the proposed ordinance before them. He asked the Commission to consider the two different exactions before them. One for multi -family and one for single-family development. Jacks said the Green Space Committee had voted out giving any credit to PUD's from the Green Space exaction. Jacks explained that there was included in the information a Parks study including maps and definitions of the different types of parks. The City was originally divided into twelve districts, this has been modified, and the City is now divided into four districts. Jacks said the ordinance is requiring either land or cash. He said the Committee felt that most developers would want to contribute cash in lieu of land. Jim Lindsey stated that he felt the program for the acquisition for parks is a good one. He felt the Commission may get some negative feed back as no results will be seen for some years to come. He complimented the City on its.: approach to obtaining parks. Jim McCord said that the Planning Commission would have to differentiate between a subdivider and an apartment developer and would have to take less of an exaction from an apartment developer. McCord was confident that the Commission could make that differentiation. Larry Wood addressed the Commission. He broke down the Parks Study. He said that a neighborhood park is within a'1/2..mil.e radius walking distance to the park. He said the study portrays the standards for Community Parks which will be two miles apart. Regional Parks will have no separation (Wilson, Sequoyah and Lake Fayetteville). A Regional Park, such as Wilson, can also serve as a neighborhood or.:community park. Mr. Wood said he recommends that the study be included in the amendment to the General Plan. He said he recommends that the notice of public hearing statedthat this green space ordinance is being added to the Community Facilities Plan of the General Plan. The representative present for the Parks Board stated that he is happy with the ordinance as it is written. Bobbie Jones asked if the ordinancewould be for the Planning Area and the City Limits and not necessarily for the City Limits only. McCord said that is correct. Bobbie asked if this would apply to lot splits. McCord said it would. Bobbie asked if this ordinance should be applied to cases where preliminary plat approval has already been granted, but the final plat has not yet been submitted. McCord said in his opinion, it should not. Hunnicuttasked at what level a subdivider or developer should be notified of the green space exaction requirement. McCord said they should be notified at the preliminary plat level. 1 • • Planning Commission Meeting December 22, 1980 Page 7 Beth Crocker moved to hold a public hearing 1) to incorporate the Park Plan into the Community Facilities Plan of the General Plan 1970-1990, and 2) to consider the ordinances amending the Subdivision Regulations to impose exactions for parks. Martin Redfern seconded. The motion passed (5-0). Ernest Jacks wished to say goodby to Keith Newhouse and Peg Anderson, whose terms are up at the end of the year. There being no further business, the meeting adjourned at 6:37, P.M.