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HomeMy WebLinkAbout1983-05-23 MinutesJ • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:00 P.M. on Monday, May 23, 1983 at the Continuing Education Center, Center Street and East Avenue, Fayetteville, Arkansas. MEMBERS PRESENT: Barbara Crook, Newton Hailey, Windell Cullers, Morton Gitelman, Jr., Don Hunnicutt, Ernest Jacks. MEMBERS ABSENT: Julie Nash, Melanie Stockdell, David Williams OTHERS PRESENT: Tom Hopper, Gary Carnahan, Dr. James Maddox, Jerry Richards, Larry Wood, David McWethy, Suzanne Kennedy, members of the press, and others The meeting was called to order at 5:00 P.M. by Chairman Newton Hailey, Jr. With no corrections or additions, the Minutes MINUTES of the May 9, 1983 meeting were approved as mailed. The next item on the agenda was to consider approval of the Large Scale Development Plan for Lot 5, College Market Addition, located east of N. College Avenue and west of Market Avenue, owned by Ben Israel and zoned C-2, No one was present to represent the owner. Don Hunnicutt, reporting for Subdivision Committee, moved approval of the Large Scale Development Plan for Lot 5, College Market Addition,subject to compliance with Plat Review comments. The motion was seconded by Barbara Crook. LARGE SCALE DEVELOPMENT LOT 5, COLLEGE MARKET ADDITION BEN ISRAEL Thoroughfare Commercial District. Ernest Jacks asked if there was an outlet planned onto College Avenue and Hunnicutt stated there was not, there would be two drives coming out from Market Avenue. The motion passed, 5-0, with Gitelman not present at this point and with Nash, Stockdell and Williams absent. The third item on the agenda was to consider approval of the final plat of North Briar Subdivision located north of FINAL PLAT NORTH BRIAR SUBDIVISION ROGERS COMPANY Rolling Hills Drive, east of Sheryl Avenue and west of Loxley Avenue, owned by Rogers Company and zoned R-1, Low Density Residential District. Tom Hopper was present to represent the owner. Don Hunnicutt, reporting for Subdivision Committee, said the Committee had recommended approval but with no recommendation as to the length of time on the subdivider's contract He said there has been much discussion as to time limit and it is felt the Planning Commission should set a time limit for this one subdivision, in light of its drainage problems. He said if there is no compliance within two or three years, they would have to come back before the Planning Commission. 60 • • • Planning Commission Minutes May 23, 1983 Page Two Hunnicutt moved the final plat of North Biiar Subdivision be approved as submitted, subject to Plat Review comments and subject to a three-year time limit on the subdivider's contract. The motion was seconded by Barbara Crook. Tom Hopper stated three years was a satisfactory time limit. Newton Hailey asked that the Minutes reflect that the 36 -month time limit is not a blanket recommendation for all subdivisions and the Planning Commission prefers to look at each one individually. Ernest Jacks made the comment that he did not know Bobbie Jones was going to take this to City Manager Don Grimes and he thought the Planning Commission's feeling was that they are happy to have an open contract. Hailey said the Commission had agreed to take this to the City Manager for his action at a prior meeting. Commissioner Morton Gitelman arrived at this point. Bob Harlan, property owner to the southwest of the Subdivision, said there is a drainage problem on the rear of his lots and in the southwest three or four lots where the soil has been graded. His concern and his neighbors'is that drainage from back yards is allowed to continue on to the east to Elizabeth and he said Tom Hopper had told him they need to control drainage in between the first couple of lots. He and his neighbors want to be sure the drainage is taken care of in that spot. He showed the Planning Commission which lots he was concerned with on the plat and said there presently is a pool of water on those lots. Tom Hopper said this is in Phase I and they would take care of the water coming off those lots. The motion passed, 6-0, with Nash, Stockdell and Williams absent. The fourth item on the agenda was approval of the FINAL PLAT final plat of Vantage Square located south of VANTAGE SQUARE Stearns Street, east of Front Street and north A. W. REALTY of Sain Street, owned by A. W. Realty and zoned C-2, Thoroughfare Commercial District. Tom Hopper was present to represent the owner. Don Hunnicutt, reporting for Subdivision Committee, moved approval of the final plat of Vantage Square, subject to Plat Review comments and including clarifica- tion discussed during Subdivision Committee meeting (Bill of Assurance on Stearns, sidewalk on west side of Tract 1, contract for cul de sac on Sain Street and deletion of reference to "Planning Commission approval" in a note on the plat regarding the drainage ditch). Barbara Crook brought up;:some discussion which was had in Subdivision Committee meeting where Bobbie Jones questioned if Tract 8 was a suitable lot for a contract to insure construction of the cul de sac on the end of Sain Street since so much of that lot is in the flood plain. Crook said Jones had thought Tract 3 was a better lot on which to bind the contract. Hunnicutt said he thought they agreed to delete the reference to tying the contract to Tract 8, and to bring that up again when Tract 3 is brought in for approval. 61 • • • Planning Commission Minutes May 23, 19$273 Page Three The motion was seconded by Barbara Crook. Ernest Jacks asked Assistant City Manager McWethy if Front Street should be called Front Avenue and McWethy confirmed that it should but did not think they should bother trying to change it. Jacks noted that avenues run north and south and streets run east and west. The motion passed, 6-0. Morton Gitelman stated he thought Tract 4 (The Colony Shop) which is designated on the plat as "Exception", should be shaded or set off from the other lots in some better way as to make it very clear that it is not part of the plat. The fifth item on the agenda was consideration of approval of the Large Scale Development Plan for a Church, Parochial School and Bible School for Abundant Life Tabernacle located north of Sycamore Street, west of Porter Road zoned A-1, Agricultural District. No one was Abundant Life Tabernacle. LARGE SCALE DEVELOPMENT PLAN ABUNDANT LIFE TABERNACLE DR. JAMES MADDOX 1855 NORTH PORTER ROAD and east of Highway 71 Bypass and present at this point to represent Don Hunnicutt pointed out this plat was designated as a preliminary plat in the Plat Review Committee minutes, that this was an error, and it is a final plat. Reporting for Subdivision Committee, Hunnicutt said they recommend approval of the Large Scale Development Plan, contingent upon compliance with Plat Review comments, contingent upon meeting City Code requirements on surfacing of drive- ways and parking areas, and a waiver of setbacks for the gymnasium structure in Phase 3 be referred to the Planning Commission for action. Hunnicutt said the church wishes to obtain approval on all three phases at this time. Dr. Maddox arrived at this point to represent the Abundant Life Tabernacle. Chairman Hailey explained the setback requirement for the gymnasium is that it be 100 feet from adjoining property if fully air-conditioned; if not fully air-conditioned, it requires a 200 foot setback After some discussion, Dr. Maddox said he wished to request a waiver from 100 feet to 75 feet on both the north and south sides. Hunnicutt moved approval of the Large Scale Development Plan, contingent upon compliance with Plat Review Committee comments, contingent upon meeting City Code requirements on surfacing of driveways and parking areas, and with a waiver of the 100 foot setback for the gymnasium structure to 75 feet. Hailey asked Dr. Maddox if he understood that approval would be contingent upon compliance with all Plat Review comments and he said that he understood what was included in Plat Review comments. The motion was seconded by Barbara Crook and passed, 6-0, with Nash, Stockdell and Williams absent. • • • Planning Commission Minutes May 23, 198,3 Page Four NOTE: It was moved by Windell Cullers, seconded by Hunnicutt and passed unanimously to table Items 6 and 7 until the developer's arrival at the meeting. The eighth item on the agenda was public hearing on Rezoning Petition R83-5, Kaylor Investments, to rezone property located south of Joyce Street and west of Highway 265 from A-1, Agricultural District, to R-2, Medium Density Residential District. There was no one present to represent, though Tom Hopper said he would try to answer any questions. Larry Wood, Planning Consultant, reported the R-2 District is recommended for the portion of the property now zoned A-1 District for the following reasons: 1. The R-2 District is compatible with the General Plan recommendations, 2. The necessary public facilities are available to serve the proposed development, and 3. The concept of mixing residential around the golf course very attractive and desirable development. There were no comments from the audience. REZONING PETITION R83-5 SO. OF JOYCE ST., WEST OF HWY. 265 KAYLOR INVESTMENTS could be a • Ernest Jacks moved to recommend approval of the rezoning petition From A-1 to R-2. The motion was seconded by Windell Cullers. Larry Wood pointed out the note in his report that the owner did not intend to rezone the R-0 portion of the property to R-2. The motion was passed, 6-0, with Stockdell, Nash and Williams absent. The ninth item on the agenda was public hearing on Rezoning Petition R83-6, James E. Lindsey, G. A. Sexton and J. W. Reynolds Lumber Co., to rezone property located south of Joyce Street and east of Paradise Vallety Golf Course Clubhouse from A-1, Agricultural District, to R-2, Medium Density Residential District. There was no one present to represent the applicant. Larry Wood, Planning Consultant, reported the R-2 District is recommended for the following reasons: REZONING PETITION R83-6 JOYCE STREET LINDSEY, SEXTON $ J. W. REYNOLDS LUMBER CO. 1. This property is part of an overall development proposal to integrate apartments into the golf course and create a unique living environment, 2. The overall density including the golf course property will be less than R-1 development, '3 • • • Planning Commission Minutes May 23, 19813 Page Five 3. The necessary public facilities are available to serve the proposed development, and 4. Multi -family development at this location is considered a logical extension of the General Plan recommendation of higher density residential development around the intersection of Joyce Street and Highway 265. Newton Hailey asked Larry Wood if the possible increased flow in Mud Creek was of any concern and Wood gtated he did not think so. There was no one present who spoke to the petition. Ernest Jacks moved to recommend approval, seconded by Windell Cullers and passed, 6-0, with Nash, Stockdell and Williams absent. Ernest Jacks said he had noted in minutes of a Board of Directors meeting some discussion about a move not to hold public hearings at Planning Commission, that there is a legal precedent for this, and Jacks asked Assistant City Manager David McWethy to7comment. McWethy said the Board passed an amendment to the City ordinance which would allow the Directors to amend the zoning ordinance without any recommendation from the Planning Commission, but that this is an option for the Board of Directors and not a change for the Planning Commission. The tenth item of business was a LOT SIZE VARIANCE request for a request for a SO. OF SYCAMORE fi WEST OF NO. COLLEGE variance from the lot size JOHN POWER requirement applicable to a lot split submitted by John Power for property south of Sycamore Street and west of North College Avenue. newton Hailey explained the property is west of McDonaldland. There was someone present to represent Mr. Power who stated they wish to split off part of the property (Tract A) for possible sale. He said the property does not include the old church, and they wish to retain Tract B. Hailey reported the Planning Administrator has said the owner may be asked to give some right of way for Sycamore Street. Ernest Jacks moved to grant the variance, seconded by Windell Cullers. Morton Gitelman stated, for the record, if Tract A is sold and developed, he foresees parking requirement problems and would be reluctant to waive parking requirements in that instance. The motion passed, 6-0, with Nash, Stockdell and Williams absent. 6g • Planning Commission Minutes May 23, 1983 Page Six Under Other Business, the first item was a request for a waiver of therequirement for frontage on a public street for a lot split off property owned by the located in the Fayetteville Industrial Park West Industrial Development Corporation. OTHER BUSINESS WAIVER OF FRONTAGE ON PUBLIC ROADWAY FOR A LOT SPLIT INDUSTRIAL DEVELOPMENT CORPORATION Hailey said he understood the purchasers of taken an option on the 27 acre tract to the option is not exercised, any streets in the brought before the Planning Commission for Arkansas Western Production Co., and submitted by the Fayetteville the 58 acre tract to be split off have east, which would suggest if the area would have to be platted and review. Ernest Jacks moved to approve the lot split with the provision that, if the 27 acre parcel is left land -locked, then the Industrial Corporation would subdivide and build a street. Barbara Crook read from the ordinance which states that "no variance shall be granted for any property which does not have access to an improved public street". Jacks said he thought his motion makes provision for a street to be built if there is a landlocked parcel of land. Cullers did not think the Planning Commission should approve the lot split without there being a street to the 27 -acre parcel. After further discussion, the motion was seconded by Don Hunnicutt and passed, 6-0, with Nash, Stockdell and Williams absent. Also under Other Business; Chairman Hailey reported the Planning Office had received a letter signed by Jeremy Hess and his neighbor, Mr. Cook, that they had worked out an agreement on their the last meeting. Consideration was given to a request for a variance from the lot size requirement applicable to a lot split submitted by Red Lobster Restaurant for property north of Highway 71 Bypass, west of Highway 71 North, and south of the Ramada Inn. represent the Red Lobster Restaurant. DRIVEWAY SETBACK WAIVER 11 N. DUNCAN AVENUE JEREMY HESS driveway problems discussed at LOT SIZE VARIANCE FOR A LOT SPLIT RED LOBSTER RESTAURANT 3885 N. SHILOH DRIVE Jerry Richards was present to Chairman Hailey stated the minutes should reflect Red Lobster would be the first of three lot splits allowed off Duane Nelson's property, that the Planning Administrator reports Wyatt's Cafeteria has inquired into a possible purchase in the area and Mr. Duane Nelson should be put on notice of this fact. With no other questions, Ernest Jacks moved approval. seconded by Windell Cullers and passed, 6-0, with Nash, Stockdell and Williams absent. b5 • • • Planning Commission Minutes May 23, 1983 Page Seven The last item on the agenda was to LARGE SCALE DEVELOPMENT PLAN consider approval of a Large Scale RED LOBSTER RESTAURANT Development Plan for Red Lobster 3885 N. SHILOH DRIVE Restaurant to be located at 3885 N. Shiloh Drive, north of Highwy 71 Bypass, west of Highway 71 North and south of Ramada Inn, zoned C-2, Thoroughfare Commercial District. Jerry Richards was present to represent the Restaurant. Don Hunnicutt, reporting for Subdivision Committee, moved to approve the Large Scale Development Plan, subject to Plat Review comments, subject to a letter being accepted by Bobbie Jones from Duane Nelson assuring that drainage to the creek will not be blocked from the southwest, subject to a Bill of Assurance for construction of the sidewalk at the call of the City, and with no recommendation for off-site improvements, since the abutting street is AHTD property. Jerry Richards told Chairman Hailey that he did understand all Plat Review comments. Don Hunnicutt pointed out some major items from Plat Review Committee meeting, such as: 1. Because of the 6" private sanitary sewer going to the northwest corner of the property out to City lines, there should be an easement across Nelson property to maintain this line. 2. Sidewalk Bill of Assurance should be executed. 3) The water easement should be changed to utility easement. The motion was seconded by Barbara Crook and passed, 6-0, with Nash, Stockdell and Williams absent. With no further business, the meeting adjourned at 5:47 P.M. 6L