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HomeMy WebLinkAbout1982-10-25 Minutes• • • MINUTES OF A MEETING OF THE PLANNING COMMISSION A meeting of the Planning Commission was held on Monday, October 25, 1982 at 5:00 P.M. in Room 107 of the Continuing Education Center, Fayetteville, Arkansas MEMBERS PRESENT: Chairman Ernest Jacks, Newton Hailey, Jr., Morton Gitelman, Windell Cullers, Don Hunnicutt, David Williams, Melanie Stockdell, Barbara Crook MEMBERS ABSENT: OTHERS PRESENT: Julie Nash Jim Hill, Gen. Bruce Kendall, James Cramer, C. Forbes, Tom Hopper, Udell Luttrell, Millard Goff, Gary Carnahan, Bryce Davis, Don Ousterhout, Dr. Connie Rothumel, Sharon Estes, Bob Crafton, Larry Wood, Bobbie Jones, Suzanne Kennedy, members of the press and other unidentified persons The Minutes of the October 11, 1982 Planning Commission meeting were approved as mailed. The next item on the agenda was to consider approval of the preliminary plat of Winchester Square Subdivision, Phase II, located south of Highway 16 West and east of County Road 650 (outside City Limits); Johnie Bassett, owner and developer. James Cramer was present from C F, F Surveyors to represent the owner. Gen. Kendall was present from the Washington County Planning Board. Don Hunnicutt, Chairman of Subdivision Committee, reported the full membership of the committee was present at its last meeting. He stated there was discussion regarding drainage to the southwest brought up by some neighbors in the area with some possible flooding problems. He stated contours are to be shown on the final plat only. The committee had recommended those neighbors to work with the County on the drainage since this subdivision is outside the City Limits. James Cramer stated from the southwest corner of Phase II to the southeast there is 21 to 3 feet of change in contour. Don Hunnicutt moved approval of the Preliminary Plat, subject to Plat Review comments (which were made for all three phases). Gen. Kendall stated the County had worked with the developer and there is no problem with the road. He noted the entire area is very flat and there is only one subdivision which he stated isn't noted for its drainage, and property owners in the area are complaining. He says he is pretty sure the drainage will go away from these people after the work is completed. He says the County will be able to handle it as far as the roads go and there will be a ditch for the last three lots. He says this does create a fundamental question as to whether we should have a subdivision there but, as of now, we can do nothing about that, so we can only do the best we can. He said the County has been in communication with those property owners in the area and has informed them of what the County plans to do, but he admits this does not solve the problems in the future. MINUTES PRELIMINARY PLAT PHASE II WINCHESTER SQUARE SUBDIVISION JOHNIE BASSETT As) • • Planning Commission October 25, 1982 Page Two Ernest Jacks stated he received a call from Russell Jack who stated the area was about to be annexed and that this will go on septic tanks and Mr. Jack thought that was a problem. Udell Luttrell, property owner in the area, said he did not understand which way the road would drain if a ditch were built. Gen. Kendall said he was talking about drainage in Phase III. Mr. Cramer explained that Phase III would lie south of Phase II. Mr. Luttrell stated he does not see an indication of any roads in Phase II, and Phase III appears to show part of Henry Road, but he does not see any identification of where the road is going. Mr. Cramer said Henry Road will connect with Rifle Road which runs east and west. Millard Goff, property owner in the area, says Phase II has been leveled, with some channelization done in a general way, but it empties to nowhere. County Highway 650 has a culvert under it with drainage to the east and west. He received a letter from Mr. Cramer assuring him when Phase II and III are developed they would talk about it. He stated he assumes they can do that here. Drainage under County Road 650 as it is now might take the rainfall without running over, but with the addition of rooftops and parking lots, the water will run over the roads. There are houses on the east side of the road that could become flooded. He thinks this is a problem to which some attention might be given to prevent damage to some property owners. If there is anyone besides themselves who have responsibility for the problem, then they would like to have the problem looked at. General Kendall stated he thinks there are only two other alternatives which are (1) to turn down approval of the subdivision, or (2) come up with a drainage solution. Millard Goff stated they ought to improve on the downstream drainage if they plan to develop further. There was some discussion about what authority the City has over subdivisions in the Growth Area. Bobbie Jones stated our subdivision ordinance is written to include the Growth Area, as in the City, except for streets. She said if the Planning Commission were to disapprove a subdivision they would have to find some reason to show it does not conform to some part of the Code. Mr. Luttrell stated he was not against having the subdivision as it was presented to him at the first, but does think that the cutting of the terrain has intensified the drainage problem, as has the other developments in the area, and he and other property owners need to have consideration given to what the next steps will be. He is interested in seeing how the streets are actually mapped out. Gen. Kendall said the County Planning Board will meet on November 1 and will welcome suggestions from anyone concerned. James Cramer stated he intends to turn the drainage from the southwest corner of Lot 4 to the east with a ditch next to Mr. Luttrell's property, across Lots 4, 3 and 2. He said this will occur in Phase II. Mr. Goff said he did not think this could be done but that, if it is done, this totally solves his problem and he will be completely satisfied. Don Hunnicutt restated his motion to approve the Preliminary Plat, subject to Plat Review comments. David Williams seconded the motion. Windell Cullers brought up the subject of traffic and said he was concerned about streets as they relate to the drainage problem. James Cramer said there is about 3100 feet of road, that Henry Road runs into Rifle Road and there is Winchester Road; and that after Phase III he does not intend to build further. Winchester Road stops at the south end of Phase III. isa • • Planning Commission October 25, 1982 Page Three Windell Cullers suggested there should be some input from the City Street Committee and asked if we had the authority to bring them into this. Ernest Jacks said the motion is to approve the subdivision subject to Plat Review comments. Barbara Crook pointed out that our original Plat Review meeting did not even address the subject of drainage which has now been brought out as being a problem. Mr. Goff asked that a commitment regarding the solution to the drainage problem be included in the motion. Bryce Davis expressed his opposition to the subdivision channeling its drainage to the south and east as he owns land in that direction. Ernest Jacks stated the Planning Commission has jurisdiction over every- thing regarding subdivisions in the Growth Area with the exception of the roads. There was extensive discussion regarding the City's jurisdiction over subdivisions in the Growth Area, and it was finally agreed by the Commission that, if the City did indeed have jurisdiction over the drainage, the fact remains that drainage was not addressed during the Plat Review meeting, so that the Planning Commission did not have enough information at this time on which to base a decision. Don Hunnicutt withdrew his motion and David Williams withdrew his second. Don Hunnicutt moved to table until such time as (1) the Planning Commission receives information from City Attorney McCord on the Planning Commission's jurisdiction or authority to approve or disapprove subdivisions in the Growth Area and (2) until they receive more information on the drainage problems in the project. Gen. Kendall pointed out the developer should be considered because he has already gone through the process of getting three phases approved. Don Hunnicutt stated, if there are property owners present bringing up drainage problems, we need to look further at the drainage. The motion was seconded by Melanie Stockdell. Barbara Crook stated she would like to hear what the County and others in the area come up with at their next meeting as this may give us some guidance. Gen. Kendall stated if the City tables this, the County will probably also table it until the City comes up with a decision. The motion was voted on and passed, 8-0. The third item on the agenda was to consider approval of the concurrent plat of Replat of Lots 8 and 9 of Miller Addition located north of Willoughby Road and east of Highway 71 south; Arthur Miller and Ann W. Tom Trust, owners and developers. Property zoned R-1, Low Density Residential District. Don Hunnicutt, Chairman of Subdivision Committee, stated there was one problem brought up by Rick Johnson with the County Health Department, but that other than that, the committee recommends approval. Don Hunnicutt moved to approve, subject to Plat Review comments and with the portion of the private drive shown on Lot 9 being indicated as a part of Lot 8 by a solid line along the East edge of the drive. Ernest Jacks asked what the State required in this case. Don Hunnicutt explained that their definition of a subdivision is the same as that written in the City ordinance, but in this one instance, they have made an exception that if the Miller lots are 3 acres they do not need State approval. CONCURRENT PLAT OF REPLAT LOTS 8 & 9 MILLER ADDITION ARTHUR MILLER $ ANN W. TOM TRUST /53 • • • Planning Commission October 25, 1982 Page Four Bobbie Jones said the state's regulations define a subdivision as a division of property into parcels and separating them if any of them are less than three acres. If it is three acres or more, under the state's regulations, it is not a subdivision unless the local authority defines it as a subdivision. The motion was seconded by Barbara Crook and passed, 8-0. The fourth item on the agenda was to consider approval of the Large Scale Development Plan for "Township Plaza" on Lot 1, Block 1, Colt Square located south of Township Road and west of North College Avenue. Property zoned C-2, Thoroughfare Commercial District. Gary Carnahan, Engineer, was present to represent the owners. Don Hunnicutt, Chairman of Subdivision Committee, reported the committee had no comments to report on this particular development. He moved to recommend approval, subject to Plat Review comments. The motion was seconded by David Williams. Mort Gitelman asked if trees were indicated on the plat. Mr. Carnahan stated there would only be shrubs. The motion passed, 8-0. LARGE SCALE DEVELOPMENT PLAN TOWNSHIP PLAZA LOT 1, BLOCK 1, COLT SQUARE LINDSEY $ SEXTON The next item was to consider Rezoning Petition R82-18, Walter Turnbow, Trustee of the Marie Steele Trust to rezone property located south of Highway 71 Bypass and west of 71 North from A-1, Agricultural District, to C-2, Thoroughfare Commercial, and R-0, Residential Office District. Walter Turnbow, Trustee for the Marie Steele Trust and Bob Crofton, of Crafton, Tull, Spann and Yoe, Architects and Engineers, were present. Chairman Jacks read a history of this property from the Planning Report. In a 1973 rezoning application for the property in question, approximately 600 feet of the property west of Highway 718 was rezoned to C-2, with the remainder staying A-1, because of limited access and availability of other commercial property with better access. Between 1973 and 1981, the access situation to the property was improved by the granting of an access tie to the Highway 71 Bypass and the construction of an interchange and a portion of the service road at Gregg Avenue, so the rezoning application in 1981 generated a recommendation for C-2 and R-0. Larry Wood stated he recommends a division between C-2 and R-0 where the service road intersects with Millsap Road for the following reasons: it meets the test for commercial location in that it is at the intersection of two major streets; it is in an area that is developing commercially and it has access to all bordering streets. Mr. Wood stated the application asks for approximately the west 600 feet of the triangle to be the R-0 portion and Wood's recommendation is that the R-0 portion go as far east as where the service road intersects with Millsap. Morton Gitelman stated he thought this was an additional 400 feet. REZONING PETITION R82-18 SOUTH OF 71 BYPASS $ WEST OF 71 NORTH MARIE STEELE TRUST WALTER TURNBOW /Sy Planning Commission October 25, 1982 Page Five Ernest Jacks asked if the service road pattern with access to the bypass was set by the City Board, and said he thought this was the only instance in which the City had allowed a service road with access to the bypass. He said he disagreed with this because they had worked so hard to keep the access roads off the bypass. Morton Gitelman said he thought this was treated as a special case because of where it comes in at Millsap. Windell Cullers asked Larry Wood for his reasoning on recommending an additional 400 feet of R-0. Larry Wood said he thought of the dividing line in terms of a cutoff for future commercialization. Morton Gitelman suggested instead drawing the line vertically from where Millsap intersects the Bypass leaving a small triangle of C-2 at that inter- section. Windell Cullers thinks the R-0 is not being used correctly and stated he did not understand the reasoning of placing it next to C-2 on the same strip of land where he feels it will have basically the same utilization. Mort Gitelman said he had two reasons for his recommendation: (1) the buffer idea concept and (2) Cullers is assuming R-0 is only office development and it could also be residential. He said, as an example, when the Mall plan was approved, it included a high density residential area to the west abutting onto the commercialization. He feels the R-0 in part protects the property along the bypass to the west but also may provide an opportunity for development of high density residential or office uses next to the commercial uses. Windell Cullers was concerned about Gitelman's suggestion to draw a vertical line from the Millsap intersection, which would increase the amount of R-0 zoning on this particular property and stated he thought we would be drawing a line that was too arbitrary. The public hearing was opened. Bob Crafton spoke for Mr. Turnbow. He displayed a map of the general area which indicated that part of the property for which they ask R-0 zoning and that part where C-2 zoning is requested. The map also showed areas of C-2 zoning in the vicinity which are occupied and those unoccupied. He explained the adjoining property to the east was zoned C-2 and divided into three tracts. He said the first 600 feet of a street has been constructed into the Steele property and Millsap Street has been platted for the record, and will be built when the property develops. He was asked to state the reason for choosing 600 feet of the property to be R-0. He said they felt it was ample for another type zoning before you get away from the intersection and said it encompasses about 2 acres. No one present spoke in opposition. Cullers and Gitelman continued to discuss the vertical line proposed by Gitelman, with Cullers in disagreement on the small triangle of C-2 which would be left in the intersection. Larry Wood stated he did not think the location of the line was as important as the fact that the Planning Commission should express that they do not encourage commercialization of the service road. He thought that Gitelman's amendment would allow the frontage on Millsap to be commercial but would discourage any commercialization west along the service road Windell Cullers moved to amend the dividing line between R-0 and C-2 east to the beginning of the westernmost radius MOTION point of curve "D" on the map and proceeding northwesterly parallel to the proposed Millsap Street until it meets the right of way of the Bypass, C-2 zoning to be the east of this line and R-0 to the west and to recommend approval of the amended rezoning petition. /55 _A • • Planning Commission October 25, 1982 Page Six The motion was seconded by Newton Hailey. Mr. Crafton stated he would write two new legal descriptions to match the amendment. Morton Gitelman said he still objects to the amount of C-2 out near the bypass but because of the recommendations and the compromising, he will vote for the motion. Ernest Jacks stated he was still in opposition to having access to the Bypass. The motion passed, 7-1, with Ernest Jacks voting "nay". The next item on the agenda CONDITIONAL USE -HOME OCCUPATION was to consider a conditional use 1022 TRUST request submitted by Don Ousterhout DON OUSTERHOUT to have a home occupation selling Navajo rugs at 1022 Trust, zoned R-1, Low Density Residential District, tabled October 11, 1982, because newspaper notification had stated the request would be considered October 25, 1982. Mr. Ousterhout was present. Adjoining property owner, Bryce Davis, was present and stated he had no opposition to the request. David Williams moved approval of the request for one year. The motion was seconded by Windell Cullers and passed, 7-0, with Commissioner Hailey absent during this part of the meeting. Bobbie Jones stated Mr Ousterhout must obtain a Certificate of Occupancy from the Inspection Office for one year and at the end of that year, if there have been no complaints, he can have it automatically renewed for the same period of time. The next item on the agenda was a conditional use request submitted by Dr. Connie Rothumel to have a School of Metaphysics, CONDITIONAL USE SCHOOL OF METAPHYSICS/DWELLING UNIT 2445 VALLEY DRIVE DR. CONNIE ROTHUMEL as well as a dwelling unit, at 2445 Valley Drive, zoned R-1, Low Density Residential District. Dr. Rothumel was present. Bobbie Jones explained this is a dwelling unit to be used for the School and one room to be used to house one person. She said the adjacent property owners were notified, but that one letter had been returned unclaimed. Sharon Estes, 2426 Valley Drive, stated she lived across the street and down one house. She stated she wanted to know what the school is, how many people would be coming there, how frequently and what would be the parking problems. Dr. Rothumel stated classes are held Monday through Thursday, and they would be using the house just to get started. She stated if more than twenty people were to begin coming during the week she would look for a different building. Barbara Crook asked if any parking were available off the street. Dr. Rothumel said there was probably room for four cars in the driveway. Bobbie Jones stated this is not the same as a home occupation, so that the Planning Commission could set any limit which they see fit. She also explained the School was coming before the Commission today because they had been operating without permission in a residential district and this came to 156 Planning Commission October 25, 1982 Page Seven the Planning Office's attention because of a complaint. She thinks the use fits into Use Unit Four, which is allowed on appeal in a residential district, and includes cultural and recreational activities. Windell Cullers asked what the difference was between this and having home Bible study Ernest Jacks stated they give donations to the School of Metaphysics. Dr. Rothumel explained that people get together for a class, they have lessons, each week people give donations for using the facilities. It is not a public school, but is listed as a non-profit charitable and service organi- zation and is incorporated. Mrs. Estes stated she had talked to one neighbor who was not familiar with the school but was interested in a report back. Mrs. Estes has no objection if there is sufficient room for fire protection to come through. Bobbie Jones stated the complaint they had received had been a phone call from a William McKenzie who saw an ad in the Star Shopper for the School and said there had been up to 12 cars parked there in a low-density residential district which he objected to. Dr. Rothumel said 12 cars is the maximum which would ever be parked at the house at one time. She stated before she moved in she had visited all the neighbors she could find at home and explained what she would be doing and those she had talked to had expressed no objections. Mrs. Estes asked if anyone could open up a School such as this in a neighborhood. Chairman Jacks explained that the City Planning Commission has the authority to decide where conditional uses can be granted, but they are granted for a variety of reasons and there are reasons for which the Commission can turn one down. He said they must make written certification that provision for the following has been taken care of: ingress, egress, safety, traffic flow, parking, noise and glare, services, utilities, screening, signs and general compatability. Windell Cullers moved to approve the request for a period of six months and hear it again in six months. Barbara Crook seconded the motion. Bobbie Jones stated the Planning Office cannot automatically renew approval of this conditional use. She stated the Inspection Office must issue a Certificate of Occupancy and the applicant must then come back in six months. She will be notified when the time is up. The motion was passed, 8-0. Newton Hailey asked what the difference was between this request and the other request for Navajo rugs. Ernest Jacks stated it had to do with traffic, and the School is not a home occupation. The last item on the agenda was a request by Jim Hill, Vice President for Washington Mountain Properties, Inc., for a one-year extension on the preliminary plat on Washington Mountain Estates. Jim Hill was present. Chairman Jacks noted the letter of request included in the agenda. Jim Hill said they had stated at the last meeting the FAA would be condemning part of the property and now they are negotiating again. He said they just need to know the City will still support them, as they are still looking at residential development being the best use of the land, and it will take some additional time to conclude negotiations. REQUEST FOR EXTENSION ON PRELIMINARY PLAT WASHINGTON MOUNTAIN PROPERTIES, INC. JIM HILL /37 ,44 • • Planning Commission October 25, 1982 Page Eight David Williams moved approval of an extension of time on the preliminary plat for one more year. The motion was seconded by Melanie Stockdell and passed, 7-1, with Newton Hailey abstaining. With no further business, the meeting adjourned at 6:30 P.M. /5: