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HomeMy WebLinkAbout1981-05-11 MinutesMINUTES OF A PLANNING COMMISSION MEETING A meeting of the Planning Commission was held Monday, May 11, 1981, in the Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Ernest Jacks, Don Hunnicutt, Elizabeth Crocker, Morton Gitelman, Martin Redfern, David Williams. Newton Hailey, Windell Cullers, Joe Wilson. Larry Wood, Bobbie Jones, Cynthia Stewart, Irwin Davis, Fred Robinson, Jim Stephens, Dr. John Andre, George Washington Lewis, Carl Robertson, Jim Lindsey, and other members of the press and audience. The Chairman called the meeting to order CALL TO ORDER at 5:05, P.M. The first item of business was the approval of the minutes of the April 27, 1981 Planning Commission meeting. The minutes were approved as mailed. MINUTES The next item of business was LARGE SCALE DEVELOPMENT the approval of the Large Scale DR. JOHN ANDRE Development Plan for Dr. John Andre SOUTH COLLEGE AVENUE to be located East of Highway 71 South, South of Arkansas Highway 156 (Willoughby Road), and West of McCollum Road; Dr. John Andre, Owner. Zoned I-1, Heavy Commercial and Light Industrial District. Dr. John Andre was present to represent. The Chairman asked for a report from the Subdivision Committee. Chairman, Don Hunnicutt gave his report. The Subdivision Committee made the recommendation that the Planning Commission consider the following: 1. The 12-1/2 ft. setback requirement from access drive to property line must be waived if this access is to be used. 2. The 30 ft. safety zone between drives would have to be waived if the Highway 71 access is used with this development. 3. Recommend that the driveway not connect with McCollum now or at any time in the future. 4. Recommend acceptance of the Northeast corner of this tract as described in letter dated April 28, 1981, from Don Grimes to Dr. John Andre. 5. Only dedication to bring Willoughby Road up to City Standards according to the Master Street Plan will be required at this time. 6. Setbacks from Willoughby Road for future structures are not approved at this time. 7. Bill of Assurance to be posted by Developer assuring that a 5 ft. wide sidewalk will be constructed adjacent to Willoughby Road by this Developer Planning Commission Meeting • May 11, 1981 Page 2 • • for the entire length of his property. 8. Planning Commission to address the length of the proposed 25 ft. access drive off of Highway 71 and access by other properties to the private drive. 9. All other Plat Review Committee comments will apply. Hunnicutt stated that the Committee wanted this 25 ft. access discussed since other properties between Highway 71 and Dr. Andre's property have access to this 25 ft. strip. Jacks asked if agreement had been reached on all other items in the recommendation. Dr. Andre stated that is correct, the access is the only item of dispute. Dr. Andre stated that he had spoken with the owner of the property between his and Highway 71, and that person indicated to him that he will seek a commercial zoning for this property sometime in the future. Andre wondered if he could be granted access by this 25 ft. strip, and the Planning Commission consider the other properties as they develop. Beth Crocker stated her concern was the waivers of safety zones on this busy highway. She said that waivers are usually granted when there is no other alternative. In this case, there is plenty of access on Highway 156 (Willoughby Road). At the Subdivision Committee level, Dr. Andre stated that he wanted the Highway 71 access for higher visibility to people coming into his place of business. Ms. Crocker said she understands this, but did not feel it was a -valid reason for granting the required waivers. Andre stated he is planning to install a nice office complex, that he did not want to put up that investment and have it served by a dirt road. Hunnicutt stated that the Highway Department plans to straighten out Willoughby Road coming out to Highway 71. Andre asked if the concern was the traffic on 71. Hunnicutt stated that and the fact that other properties could have access to 71 via the private drive. Andre stated that if a traffic hazard was the concern, that he hoped the same considerations will be given to the truck stop to be installed on the West side of Highway 71. He stated it is his understanding that the City had already voted to back the development with bonds. Beth Crocker stated she would not feel so strongly if this developer did not have frontage on Highway 156. Ernest Jacks asked if the factory would be served by large trucks and if they would use the 25 ft. access. Andre stated he felt that most traffic to the development via this access would be customers looking for domes.and that large trucks would use Willoughby Road Beth Crocker stated she doubted this as the property will have a South College address. Martin Redfern asked what the Subdivision Committee recommends. Don Hunnicutt replied that other than denying the proposal, the only other alternative would be to bring the access up to some of the City Standards with the possibility of the access being used by other property owners. Jacks stated he was concerned about the width of the access. Andre stated he was not concerned about the size, as Willoughby Road will be improved and the other properties front on Willoughby Road David Williams stated that at the Subdivision Committee meeting the points on which a Large Scale Development Plan could be turned down were discussed. The Planning Commission Meeting May 11, 1981 Page 3 only point which would apply to this development would be if this development plan created or compounded a dangerous traffic situation. After discussing it, Mr. Williams felt that perhaps a dangerous traffic hazard might be relieved by this developer using the 25 ft. access and not Willoughby Road. If the truck stop is going in across 71, he wondered if perhaps the Planning Commission is turning down one access on 71 which will be much less of a problem because of another. He stated that it was his understanding that if this lot was immediately off of Highway 71 and did not have frontage on Willoughby Road, and if there was not the potential of other properties using the access, the Planning Commission would not turn down this request Williams said it appears that the Planning Commission is saying no based on what might happen in the future. Jacks stated that nothing had been before the Planning Commission on the proposed truck stop. Gitelman stated he sees a problem with a property owner's property having frontage on a public road (Willoughby) and the developer choosing to have access into the lot by a private easement. Gitelman felt that the public dedicated right of way should be used in lieu of the proposed private access. Ernest Jacks stated that the tandem lot ordinance is for properties that would otherwise be undeveloped without access, that is not the case here. Andre asked if posting a sign that says something like "Autos Only" would be acceptable. Beth Crocker stated there is no turning lane for persons hesitating to read a sign, and that might create an even greater hazard. Don Hunnicutt moved that the Large Scale Development Plan for Dr. John Andre be approved as planned, incorporating the comments from the Subdivision Committee report. David Williams seconded. The motion failed to pass with Hunnicutt, Williams and Redfern voting "Aye", and Gitelman, Crocker, and Jacks voting "Nay". (3-3) Morton Gitelman moved to approve the Large Scale Development plan based on the report from the Subdivision Committee with the exception that requested waivers for safety zones will be denied. Beth Crocker stated she would second if Mr. Gitelman's motion would include dedication of an easement for the existing water line located in the 25 ft. access easement. Gitelman stated the water line was installed without an easement and did not think it had to be in the motion. Gitelman moved the Plan be approved but that the requested waivers for primary access off of Highway 71 would not be approved. Beth Crocker seconded. The motion passed (5-1), with Don Hunnicutt casting the "Nay" vote. Andre asked if it was correct, that his plan had been turned down because a dangerous traffic condition would be created or compounded. Redfern stated he was voting against the Plan as he did not want this lot and the intervening lots served by this narrow access. Andre stated that the only point for turning down this plan, according to the ordinance, would be the fact that a dangerous traffic condition would be created or compounded. The next item of business was the request to waive the minimum lot size applicable to a lot split submitted by Dr. John Andre for property located on the REQUEST TO WAIVE MINIMUM LOT SIZE FOR A LOT SPLIT DR. JOHN ANDRE 83 Planning Commission Meeting May 11, 1981 • Page 4 South side of Willoughby Road, West of McCollum Road, and East of Highway 71 South (South School Avenue). There was no one present to represent. Bobbie Jones stated that this property was split from the same original tract as Ichiban. She further stated it consists of 3.37 acres. Ichiban was split from the original tract prior to the existence of minimum size requirements. Mort Gitelman asked if this would be the last split on the original tract. Bobbie Jones stated that any others would have to be approved by the Planning Commission for the same reasons this request was submitted. Morton Gitelman moved to approve the requested waiver of the minimum size for a lot split and Don Hunnicutt seconded. The motion to approve passed (6-0) • • The next item of business was a Conditional CONDITIONAL USE REQUEST Use Request submitted by Robin Hernreich ROBIN HERNREICH toconvert an existing structure into nine 15 NORTH CHURCH one -bedroom units at 15 North Church Avenue, Zoned R-0, Residential- Office District. There was no one present to represent. This property was considered for a rezoning at the last Planning Commission meeting. The Planning Commission voted to grant a conditional use for apartments in R-0 for this property if the City Attorney determined that the Planning Commission has that power. Bobbie Jones stated the City Attorney, determined that the petitioner should reapply for a Conditional Use Request so that the adjoining property owners could be notified of the use and have a chance to appear. Bobbie Jones stated that in addition to this conditional use request, the applicant will also have to appeal to the Board of Adjustment for a waiver of the minimum lot width for this property as well as a waiver of the required number of parking spaces for his use. Bobbie Jones stated she had received a letter from an adjoining property owner stating opposition to the requested conditional use. This owner was opposed because of the way the building sits on the lot, and also, because there is currently a traffic problem in this neighborhood. Bobbie Jones stated that there had been an alley on the South side of this property which has been closed. The 10 ft. alley as well as 10 ft. off the lots to the South of the vacated alley are currently a mutual 20 ft. drive. This drives serves the Office building to the South of the 20 ft. mutual drive and Moore's Chapel. Ernest Jacks stated he agreed with Ms. Ramsey's letter that this is a congested area. Since there was no one present in favor of the request, the . Chairman entertained comments against the conditional use. Irwin Davis addressed the Commission representing Moore's Chapel, an adjoining property owner. He stated that Mr. Hernreich's plan incorporates a 20 ft. mutual easement that presently serves Moore's Chapel. The proposed use for this 20 ft. is parking area. Instead of the 40 ft. of parking area shown on the plan, there will actually be only 20 ft. of parking area and 6 ft. of that is a proposed sidewalk Mr. Davis said the area is simply too cramped for this plan. The party Mr. Davis represents wanted to go on record as being strongly opposed to the proposed conditional use. Mort Gitelman stated that since Mr. Hernreich was not present, nor anyone representing him, that he moved this item be tabled until the next meeting so that Mr. Hernreich could be present to clarify the width of his property. Don Hunnicutt seconded. The motion passed (6-0). Sy Planning Commission Meeting May 11, 1981 Page S The next item of business was CONDITIONAL USE REQUEST the Conditional Use Request submitted DUPLEX IN R-1 by Charles Combs to have a duplex located CHARLES COMBS North of Highway 16 East, and East of Mally Wagnon Road, Zoned R-1, Low Density Residential District. There was no one present to represent. The Chairman asked if adjoining property owners had been notified. Bobbie Jones stated she had received no proof from the applicant that adjoining property owners had been notified, that proof is required by ordinance. David Williams moved to table this item until proof is submitted that adjoining property owners had been notified, and someone could be present to represent. Morton Gitelman seconded. Beth Crocker stated that there had been a similar request for property in this area. Bobbie Jones stated that is correct. That developer had been required to bring Mally Wagnon Road up to City Standards for that portion inside the City Limits, and to work with Clayton Powell on any drainage problems. The motion to table passed (6-0). The next item of business CONDITIONAL USE REQUEST was a Conditional Use request submitted CARL ROBERTSON by Carl Robertson to change a 213 NORTH COLLEGE AVENUE nonconforming use from a Lumber Company to a Wholesale Distribution Center for dairy products at 213 North School Avenue, Zoned C-3, Central Commercial District. Carl Robertson was present to represent. The Chairman asked if adjoining property owners had been notified. Robertson stated they have and Bobbie Jones concurred. Robertson stated that his plans are not firm, but that he felt the conditional use should be obtained before his plans progress any further. He stated that the location is presently used to sell lumber and other items from time to time. With the proposed use there would be at least one outside freezer located at the Northwest corner on the back side of the property. He stated that a retaining wall will be constructed on the North side of the property and a 6 ft. shadow box fence will also be installed. He would try to do something to block people from using the North part of the property to park their cars. There will be one or two trucks serving the use each day. He felt that if a large tractor trailer had to serve the business, the truck would have ample room for turning in that lot. Morton Gitelman asked if this property has access to Spring Street. Robertson stated it does not. Gitelman stated that right behind this property there is a wholesale produce establishment and several warehouses with retail shops right across the street. He stated he could see no reason for turning down the request. Gitelman moved to approve the Conditional Use Request for the property located at 213 North School Avenue and Martin Redfern seconded. The motion passed (6-0). • • • Planning Commission Meeting May 11, 1981 Page 6 The next item for consideration was a request submitted by Rick Cowdrey for Southern Heights, Phase I, for a waiver of street light spacing. The Preliminary Plat for this subdivision was approved September 22, 1980. Jim Stephens was present to represent. Jacks stated that the minimum spacing for street lights in a subdivision is 300 ft. This request is for two lights one to be waived from 300 ft, to 320 ft. and the other light to be waived from 300 ft. to 360 ft. Jim Stephens stated that the reason for the request is so that utility lines can be run to the street lights in such a way as to save trees. Bobbie Jones left the proceedings at 6:00, P.M. Morton Gitelman stated that this waiver would not affect the lighting that WAIVER OF STREET LIGHT SPACING - SOUTHERN HEIGHTS PHASE II, JIM STEPHENS much. David Williams moved to approve the requested waiver and Beth Crocker seconded. The motion passed (6-0). The next item of business SWEETBRIAR PUD was a request submitted by Jim Lindsey CHANGE IN BUILDING DESIGN to clarify Sweetbriar Planned Unit Development and change building design on the West half of the PUD. The PUD was approved March 10, 1980. Jim Lindsey was present to represent. Lindsey stated he would like to request two things, one to install a tennis court 108 ft. long, the recommended length is 120 ft. He stated this will place the tennis court partially in an utility easement. He said that the utilities are buried in the easement and that the tennis court can be installed without encroaching any closer than S ft. to the utilities. Lindsey said a swimming pool will also be installed, but it will meet all requirements. The second request is that the townhouse units on the West half of the PUD be modified. The density will be decreased from 16 units to 14 units. There will be one, six unit structure and one, eight unit structure. This request stems from requests from older people who do not want to climb steps within their unit. All units will be on one level. Along with this modification, the legal documents will be modified to implement the horizontal property act with this new design. Don Hunnicutt moved to approve the requests. Martin Redfern seconded. The motion passed (6-0). Ernest Jacks stated that the REPORT FROM COMMERCIAL Committee had met and laid some ground SUBDIVISION COMMITTEE work. A system still needs to be worked out whereby the Subdivider can construct the envelope, and subdivide it as needed with respective lot split provisions. about insurance problems and fire walls still have to be worked some requirements from the developer for landscaping, etc. need further. Some questions out. Also, to be discussed gG Planning Commission Meeting May 11, 1981 Page 7 The Committee felt that perhaps this should be placed in the Planned Unit Development Ordinance. However, until the full revision is formulated, it will probably be placed in the Large Scale Development ordinance. Martin Redfern felt the Committee should keep up the good work. Ernest Jacks stated he had been given OTHER BUSINESS some literature by Bill Bonner concerning a conference on Community Planning to be held in Little Rock, June 4th through 6th. He stated he had spoken with Don Grimes and the City Manager had stated that the City would pay the expenses of any Planning Commission members who wish to attend. Jacks stated that Windell Cullers had been appointed to the Subdivision Committee to begin serving in April. It is his understanding that Mr. Cullers has not attended Mr. Williams had been given temporary status on the Committee while Newton Hailey was on a temporary leave. Jacks felt the membership should remain as is. Beth Crocker stated she has some concern about a memo from the City Attorney in regard to enforcement of the lot split ordinance. The memo appears to indicate that lot splits will be enforced from the date the County Recorder implemented the recordation procedure (August 1, 1980), instead of the date of the ordinance (June 29, 1970). That is, instead of a piece of property being considered a lot of record prior to June 29, 1970, it would be considered a lot of record prior to August 1, 1980. Morton Gitelman stated he did not think this memo meant that at all. He felt that it applied only to the issuance of building permits. Morton Gitelman asked that the City Attorney be requested to provide a clarification of his clarification. Jacks stated that there had been some discussion about forming a committee to consider development plans for subdivisions. This committee would consist of members of the Board of Directors and the Planning Commission and would meet with Developers. One of the things that would be evaluated would be the Final Plat process. The Committee will be looking into the possibility of making a final plat automatically approved if there is just a little bit of elaboration and nothing too great is altered. The purpose is to make development easier if at all possible and still maintain quality development. There being no further business, the meeting adjourned at 6:20, P.M. 17