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HomeMy WebLinkAbout1981-09-14 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Planning Commission was held at 5:00 P.M., Monday, September 14, 1981, in the Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Ernest Jacks, Morton Gitelman, Elizabeth Crocker, David Williams, Joe Wilson, Martin Redfern, Windell Cullers, Newton Hailey., Don Hunnicutt. MEMBERS ABSENT: OTHERS PRESENT: None. Bobbie Jones, Cynthia Stewart, Bob Crafton, Walter Turnbow, Dale Holland, Pat McGetrick, Sid Noorbakhsh, others. The minutes of the August 24, 1981 Planning Commission Meeting were approved as mailed. MINUTES The next item of business was PRELIMINARY PLAT the approval of the preliminary plat of a SERVICE ROAD service road along Highway 71 Bypass for 71B-MILLSAP-BYPASS Millsap Road, West of Highway 71B through property owned by Steele Investment Company, Zoned A-1, Agricultural District, and C-2, Thoroughfare Commercial District. Bob Crafton and Walter Turnbow were present to represent. Bob Crafton addressed the Commission, he stated this proposal had been before the Commission several weeks ago. The Commission approved only a portion of the preliminary plat (that portion from 71B, West to the termination point of the C-2 zoned property), and sent the remainder to the TAC Committee. Since that time,the plat has been reviewed by the TAC Committee, the Board of Directors Street Committee and the Board of Directors. He stated the Board has approved what has been submitted as a revised Preliminary Plat which is before the Commission tonight. The plan approved by the Board of Directors is the same access originally granted by the Highway Department. Ernest Jacks asked if the access point would be closed when the service road is completed. Crafton stated one of the recommendations made by the TAC Committee was that the off ramp for Southbound traffic be closed due to a sight distance problem; persons cannot see the merging traffic. If it is closed, this proposed street would serve as the off ramp for right turn movement. They did not want to close this off ramp at this time, however, after the street is constructed, they will review it again. Hunnicutt stated there would eventually be a signal light at Millsap to direct traffic. Jacks stated some concern over the controlled access having signal lights. Crafton stated that actually, the controlled access ends at Millsap. Gitelman stated he felt this access was different from other accesses onto the controlled access highway. He stated the only traffic coming off the bypass onto this road will be the same traffic that is presently using the off ramp. Millsap will not be used to head South on the bypass He did not see a problem. /61 Planning Commission Meeting • September 14, 1981 Page 2 Crafton stated he would like to see the preliminary plat approved so that the location of the proposed service road can be substantiated. Although this plan is called a preliminary plat, it does not designate tracts A Large Scale Development plan will be submitted with each tract sold. Morton Gitelman asked if a final plat will he filed when the property is subdivided. Crafton stated that a final plat will have to be filed with each segment of the proposed road. Hunnicutt stated the Subdivision Committee approved the street and not a Subdivision Plat. Hunnicutt moved approval of the preliminary plat for the street location only. He stated as Large Scale Development plans are submitted they will be considered as preliminary plats at that time. David Williams seconded. Morton Gitelman stated that this Preliminary Plat should state "Street Location ". Jacks stated he was not in favor of approval. He stated the Commission has worked hard to close the many accesses onto the Controlled Access Highway granted by the Highway Department. He said the idea of the bypass is to flow into other major streets. Hunnicutt amended his motion to approve the street location only and that the plat will state "Street Location". Davis Williams seconded the amended motion. The motion passed (8-1) with Gitelman, Crocker, Hunnicutt, Williams, Wilson, Redfern, Cullers and Hailey voting "Aye", and Jacks casting the "Nay" vote. The next item for consideration was the CONCURRENT PLAT approval of the concurrent plat, REPLAT LOT 6, BLOCK 3, a replat of Lot 6, Block 3, Kantz Place KANTZ PLACE located West of East Oaks Drive and North of Highway 45 East. Fred B. Hanna and John Maguire, Owner and Developer. Property is zoned R-2, Medium Density Residential District. Bob Crafton was present to represent. The Chairman asked for a report from the Subdivision Committee. Don Hunnicutt, Chairman, moved the concurrent plat for a replat of Lot 6, Block 3, Kantz Place be approved with the following conditions: 1. Pending clarification of utility service easements by the City Attorney. 2. Compliance with Plat Review Committee comments and requests. Bobbie Jones stated she had shown the deed restrictions for Kantz Place to the City Attorney. McCord stated in his opinion, these restrictions cover service lines that cross lot lines within the structure, but would not cover transmission lines. Mr. Crafton stated that only service lines are run into the buildings, the transmission lines are outside the buildings. Hunnicutt amended his motion to approve the concurrent plat of Lot 6, Block 3, Kantz Place subject to Plat Review Committee comments and requests. Beth Crocker seconded the amended motion. The motion passed (9-0). 162 • z t C) c G lV • I U co • 6 •0 C;J Planning Commission Meeting September 14, 1981 Page 3 The next item of business was the approval of the concurrent plat, a replat of Lot 1, Block 3, Kantz Place, located North of Highway 45 East and West of East Oaks Drive. Ball Family Trust, Owner and Developer. Property zoned R-2, Medium Density Residential District. Bob Crafton was present to represent. The Chairman asked for a report .from the Subdivision Committee. Don Hunnicutt, Chairman, stated that this was in the same block as the previously approved concurrent plat and moved that the concurrent plat be approved subject to Plat Review Committee comments and requests. David Williams seconded. The motion passed (9-0). CONCURRENT: PLAT REPLAT LOT 1, BLOCK 3, KANTZ PLACE The next item of business was FINAL PLAT the approval of the final plat of ROYAL OAKS ESTATES Royal Oaks Estates, a Planned Unit PLANNED UNIT DEVELOPMENT Development, a replat of Tracts 1-6, Kantz Place, located North of Highway 45 East and West of Highway 265. Ball Land Company, Owner and Developer. Property zoned R-1, Low Density Residential District. Bob Crafton was present to represent. The Chairman asked for a report from the Subdivision Committee. Don Hunnicutt moved approval of the final plat with the following conditions: 1. The Plat will note under zoning, to refer to the covenants for the density of each lot as well as the density of the total PUD. 2. Subject to compliance with Plat Review Committee comments and requests. 3. Recommend the right of way embraced in the cul-de-sac, Kantz Lane, be reverted back to the adjacent lots when the street is extended. Bob Crafton stated he has given Bobbie Jones descriptions of the right of way to be reverted back to the lots adjacent to the cul-de-sac, but it will require Board of Directors action to actually have the right of way released. Also, he showed the Commission the revision on the final plat regarding the referral to the covenants as to density for each lot and density for the total PUD. Jacks asked about recreational facilities and wondered if they were not to be shown on the final plat. Bobbie Jones stated that according to the ordinance, the location and type of recreational facilities proposed is to be submitted with the final plat. Hunnicutt amended his motion to approve the final plat subject to the following: 1. Compliance with Plat Review Committee comments and requests. 2. The property embraced in the cul-de-sac Kantz Lane be reverted back to the adjacent lots.when the street is extended. )63 Planning Commission Meeting • September 14, 1981 Page 4 • 3. Recreational facilities will be located and described on the final plat. Morton Gitelman stated he has a problem with the covenants. He stated each lot is given a maximum density, however, if a lot within the PUD is not developed to the maximum density, the owner of the PUD may reassign those units to another lot. He was afraid that someone might think that the lot next to him would have a certain density, then be reassigned and actually have a greater density than that shown on the plat. Crafton stated he did not think that was the intention of the covenants, as they clearly state the maximum per lot. Williams agreed. Hunnicutt amended his motion to approve to add a fourth condition for approval: 4. The maximum density per lot is not to exceed the maximum density as set .out on Pages 6 and 7 of Royal Oaks Estates, A Planned Unit Residential Development, Declaration of Covenants,;. Conditions and Restrictions. Crocker seconded the amended motion. The motion to approve passed (9-0). Gitelman asked if it was part of the PUD Ordinance that the City is a third party to the Covenants and may enforce the Covenants. Bobbie Jones stated that is correct. The sixth item on. the Agenda CONCEPT PLAN was the approval of the Concept Plat, a GLENDALE ADDITION Planned Unit Development, to be located PLANNED UNIT DEVELOPMENT on Lot 21, Glendale Addition, located North of Whippoorwill Lane and East of Highway 265. Holland House, Inc., Owner and Developer. Property zoned R-2, Medium Density Residential District. Dale Holland and Pat McGetrick were present to represent. Dale Holland addressed the Commission. He stated this parcel has been zoned R-2 since he has owned it. He proposes a 100 ft. buffer of green space between this PUD and the Single Family located across the street. He stated he proposes to construct townhouses for sale with small lots. The plan incorporates a lot of green area with extensive landscaping and a swimming pool. There will be only one entrance to the PUD, it will have private streets which will empty traffic close to Highway 265. Jacks stated that when the corner of 265 and 45 was zoned commercial, this parcel was zoned R-2 to buffer the commercial. Morton Gitelman stated the plan shows 38 lots, he asked Holland if that would be the ultimate density of the PUD. Holland stated there may be some adjustments as development progresses, but he envisions 37 to 38 units. Gayle Isenhoff, who lives in Sequoyah Woods addressed the Commission. He stated he would like the Commission to request that a signal light be placed at the intersection of 265 and 45. He stated with the amount of development taking place in the area, a bad traffic condition will only become worse. Morton Gitelman moved to approve the Concept Plat for Glendale Addition. Windell Cullers seconded. The motion passed (9-0)! /6q Planning Commission Meeting September 14, 1981 Page 5 The Commission requested the.:Planning Administrator request a traffic count from the Arkansas Highway and Transportation Department at the corner of 265 and 45 on behalf of the Planning::. Commission. The next item for consideration REZONING PETITION R81-11 was the public hearing on Rezoning SID AND JUDIE NOORBAKHSH Petition R81-11, Sid and Judie Noorbakhsh PORTER AND SYCAMORE to rezone property located at the Southwest corner of Porter Road and Sycamore Street from R-1, Low Density Residential District to R-2, Medium Density Residential District. (Tabled June 22, 1981 Planning Commission Meeting; tabled at July 13, 1981 Planning Commission Meeting; July 27, 1981, a letter from Sid Noorbakhsh to table for more than 45 days after the advertised public hearing. Petitioner requests petition be brought off the table.) Sid Noorbakhsh was present to represent. Morton Gitelman moved that Rezoning Petition R81-11 be removed from the table. David Williams seconded. The motion passed (9-0). Bobbie Jones stated the adjoining property owners had been notified of the public hearing by agenda, as well as all persons listed on a petition in opposition to the requested rezoning. Joe Wilson moved the public hearing be held. Martin Redfern seconded. The motion passed (8-1) with Windell Cullers casting the "Nay" vote. He stated these persons had been notified so many times, they simply are not attending the meetings anymore. Sid Noorbakhsh addressed the Commission in favor of the rezoning request. He stated he has nothing further to add to what has been said at previous meetings. He stated he is available to answer any questions the Commission may have. The Chairman asked if there was anyone present appearing in opposition to the rezoning. There was no one present in opposition. Morton Gitelman moved the rezoning petition R81-11 -be approved. Joe Wilson seconded. Cullers stated he is opposed to the rezoning for two reasons: 1. The R-2 will be right across the street from several fairly new single family homes and next door to a relatively new single family home. 2. Also, the Planning.:Commission did a study on R-2 for this area and did not find any crying need for R-21 Williams stated he is also in opposition to this rezoning for the reasons stated by Cullers and, also, the Commission agreed to take a look at an intermediate zoning district somewhere between R-1 and R=2. Jacks stated the Commission made a determination to study each rezoning request on an individual basis rather than change the whole overall zoning plan for the area. Hunnicutt stated considering this property individually, he did not think with its proximity to the bypass that it would be developed single family. He wondered what is left. He could not see it being zoned Industrial as the Potts, I6S Planning Commission Meeting September 14, 1981 Page 6 Anders and Maguire property was rezoned. Hunnicutt stated that perhaps Porter Road could be used for a division line between R-1 and R-2. Cullers stated there is already a single family home next door to this tract. Noorbakhsh stated that it was his understanding, after talking with some of the neighbors, they were not as concerned about the property on his side of Porter Road as they were about the property that is located to the rear of their property. He did not think this rezoning would hurt,:the neighborhood. Cullers did not think the demand for R-2 in this area was great enough to warrant rezoning at this time. The motion failed to pass (4-5) with Gitelman, Jacks, Hunnicutt and Wilson casting the "Aye" votes and Crocker, Williams, Redfern, Cullers and Hailey casting the "Nay" votes. Jacks informed Mr. Noorbakhsh that he has the right to appeal the decision of the Planning Commission to the Board of Directors. The -last item on the Agenda VARIANCE - LOT SPLIT was a request for a variance from the WAIVER MINIMUM LAND AREA lot size requirement applicable to a lot LARRY ROBBINS split submitted by Larry Robbins for property South of Deane Street and West of Lewis Avenue. Property is zoned R-3, High Density Residential District. Tabled August 24, so applicant could get comments from Fire and Sanitation Departments. Larry Robbins was present to represent. Robbins stated he had met with the Plat Review Committee and with Mr. Brt of the City Sanitation Department as well as Larry Poage of the City Fire Department with whom he met on site. iThe Sanitation and Fire Departments both requested the access be'increased from 25 ft. to 30 ft. which has been done. He stated some easements had been requested by the utility companies which are on record. Windell Cullers moved the variance be granted. David Williams seconded. Bobbie Jones informed the Commission that a variance would have to be granted of the minimum frontage requirements. Windell Cullers amended his motion to grant the variance of the minimum lot size for a lot split and a variance from the minimum frontage requirement. David Williams seconded. The motion passed (9-0). David Williams requested some attention be given to the possibility of an intermediate zoning between R-1 and R-2. OTHER BUSINESS There being no further business, the meeting adjourned at 6:00 P.M. 166