Loading...
HomeMy WebLinkAbout1983-07-25 Minutes•Q MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Planning Commission was held on Monday, July 25, 1983 in Room 107 of the Continuing Education Center, Center Street and East Avenue. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Barbara Crook, Don Hunnicutt, Windell Cullers, Morton Gitelman, Ernest Jacks, Julie Nash, Melanie Stockdell Newton Hailey, Jr., David Williams Jim Lindsey, Tom Hopper, Jim Hatfield, Alan Masterson, Bryce Davis, John Eichler, Bill Graue, Joe Terminella, Bobbie Jones, Suzanne Kennedy, members of the press and others The meeting was called to order by Vice -Chairperson Melanie Stockdell at 5:00 P.M. With no corrections or additions to the Minutes of the July 11 meeting, they were approved as mailed. The ninth item on the agenda was considered next, because agenda item two could not be introduced without approval of item nine. This was a request for a variance from the lot size requirement applicable to a lot split submitted by Lindsey, Sexton and Reynolds Lumber Co. for property south of Joyce Street and west of Highway 265, zoned R-2, Medium Density Residential District. Jim Lindsey and Tom Hopper (of Crafton, Tull, Spann and Yoe) were both present. MINUTES VARIANCE FOR LOT SPLIT PARADISE VALLEY CONDOMINIUMS EAST JOYCE STREET LINDSEY, SEXTON AND REYNOLDS Melanie Stockdell explained this would be a third and final lot split which is allowable but must be approved by the Planning Commission because it is for less than five acres. Mr. Hopper said they propose to build condominiums on a 3.5 acre tract of land and ask for approval of this lot split. Barbara Crook moved to approve the variance from the lot size requirement. Ernest Jacks asked if street improvements would be made and Hopper explained a Bill of Assurance would be signed by the developer as part of Large Scale Development approval. The motion was seconded by Julie Nash and passed, 7-0, with Hailey and Williams absent. et J • • • Planning Commission July 25, 1983 Page Two Item two was to consider approval of the large scale development plan for Paradise Valley Condominiums to be located on East Joyce Street between Paradise Valley Golf Course and Physical Therapy Clinic and Orthopaedic -Neurological Clinic; Lindsey, Sexton and Reynolds, owners and developers; zoned R-2, Medium Density Residential District. Lindsey and Tom Hopper were both present. LARGE SCALE DEVELOPMENT PLAN PARADISE VALLEY CONDOMINIUMS EAST JOYCE STREET LINDSEY, SEXTON AND REYNOLDS Melanie Stockdell stated this plan had been reviewed by Subdivision Committee and she asked the Chairman of that Committee, Don Hunnicutt, to report. Don Hunnicutt said the Subdivision Committee recommended, and he so moved, to approve the Large Scale Development as shown, subject to (1) Plat Review comments, (2) execution of a Bill of Assurance for the developer's propor- tionate share of street improvements for a standard 31 foot street and sidewalk to City standards, (3) approval of a waiver of the 100 foot setback distance for the swimming pool to fifty feet from the south property line, and (4) approval of a waiver of the forty foot maximum driveway requirement to a 46 foot driveway off Joyce. The motion was seconded by Ernest Jacks. Don Hunnicutt said there was discussion during Plat Review meeting about Joyce Street being widened to four lanes sometime in the future and Hunnicutt stressed this owner will not participate in the widening of the street to a full four lanes. Bobbie Jones added the City does not require a developer to pay for construction beyond that of a "minor street". Owner Jim Lindsey asked the Planning Commission if he could be allowed to post a cash bond in lieu of a Bill of Assurance, explaining the Bill of Assurance could make it difficult to secure title insurance. With no objections, Don Hunnicutt agreed to amend contingency (2) of his motion to state, "...a bond, cash, or a Bill of Assurance..." Ernest Jacks agreed to second the amended motion and it passed, 7-0, with Hailey and Williams absent. Next was to consider approval of a conditional use request to construct Fairways #3 and #4 for Paradise Valley Golf Course located near the southwest corner of Highway 265 and East Joyce Street and zoned R-2, R-0 and A-1 Districts. Tom Hopper was present representing Crafton, Tull, Spann and Yoe. CONDITIONAL USE GOLF COURSE FAIRWAYS PARADISE VALLEY GOLF COURSE LINDSEY, SEXTON $ REYNOLDS Bobbie Jones said the Fairway construction is to take place on property used by Paradise Valley Golf Course and also on property to the south of the condominiums, that golf courses are only allowed as a use by right in commercialzones, and are permitted in residential or agricultural zones upon approval by the Planning Commission as a conditional use. Ernest Jacks moved approval of the conditional use The motion was seconded by Windell Cullers. 92 Planning Commission July 25, 1983 Page Three Tom Hopper displayed a plat showing the location of the proposed Fairways. Don Hunnicutt asked if there was a legal description for the property and Hopper said that one had been prepared. Barbara Crook asked if adjacent property owners had been notified and Hopper said that he had sent letters to two adjoining property owners, had met on the site with them, but has yet to obtain one last signature. Bobbie Jones said the existing caretaker's cottage will also be relocated elsewhere on the golf course property. Ernest Jacks agreed to amend his motion of approval to be contingent upon obtaining one signature from an adjoining property owner and to cover the relocation of the caretaker's cottage The amended motion was seconded by Windell Cullers and passed, 7-0, with Hailey and Williams absent. Agenda Item three was to consider approval of the concept plat for Sunny Lane Addition located on approximately 4.7 acres lying west of the intersection of Old Missouri Road and Old Wire Road; Jim Hatfield, owner and developer; zoned R-1, Low Density Residential District. Mr. Hatfield was present. CONCEPT PLAT SUNNY LANE ADDITION OLD MISSOURI AND OLD WIRE ROADS JIM HATFIELD Melanie Stockdell said Mr. Hatfield was not present at Subdivision Committee meeting of July 22nd, and this item now comes before the full Planning Commission. Mr. Hatfield said his concept is for 13 lots lying west of the intersection, four to be for'duplexes, the remainder to be for single family dwellings. Melanie Stockdell asked what "reserve" property shown on the plat is meant to be. Mr. Hatfield said that is property he has kept upon which to build a house. Mr. Hatfield said he did understand the duplexes would have to be approved by the Planning Commission as a conditional use. Comment was noted (submitted by Assistant City Manager McWethy) that the driveway (street) location is not the best, that it would be better moved all the way to the north. Mr. Hatfield said this had been discussed and he felt the street location is a reasonable safe distance from the inter- section. He said the exit would be a minimum of 100 feet from the inter- section and the entrance would be a minimum of 150 feet from the intersection. Most commissioners who made comment on this plat stressed the dangers of the street intersection so near the intersection of Old Wire Road and Old Missouri Road, stating this is one of the most dangerous intersections in the City. Bobbie Jones reported SWEPCO's comments that a 25 foot easement would be required on the south, west and north perimeters of the property, but she added the concept would come back as a preliminary plat before Plat Review Committee. She said David McWethy had also asked about streetlights and Mr. Hatfield stated they would be shown on the next plat. Bobbie Jones summarized Clayton Powell's comments (included as a memo with the agenda). q.3 J • • • Planning Commission July 25, 1983 Page Four There were further comments from the Planning Commission on the dangerous location of the street. Windell Cullers pointed out that, whether or not the street location is a danger, the distance from the intersection may meet requirements, Planning Commission approval is only for the concept plat, that the preliminary plat would come back for approval. Windell Cullers moved approval of the concept plat, subject to Planning Commission comments. After further discussion, Melanie Stockdell asked Cullers if he would consider making his motion for approval contingent on Plat Review comments. Cullers said he did not think this was necessary, since the Commission would vote again at the preliminary plat stage, but agreed to amend his motion. Julie Nash seconded the amended motion and it passed, 6-1, with Crook voting "nay" and with two commissioners absent. A conditional use request was submitted by Alan Masterson for Linde Homecare Medical Systems to have a liquid oxygen bulk tank at 3042 Market Avenue, zoned C-2, Thoroughfare Commercial present. CONDITIONAL USE LIQUID OXYGEN BULK TANK 3042 MARKET AVENUE LINDE HOMECARE MEDICAL SYSTEMS District. Mr Masterson was Some commissioners had'questions about the ozygen tank and Linde said it was non-flammable, above ground, and there was no chance of explosion. Ernest Jacks moved approval. Masterson told Cullers they would make deliveries in one -ton vans with 800 pound bulk tanks in them. He said they would receive deliveries only four or five times a year from 18 -wheeler trucks in the back of the parking lot. He said the bulk tank would be 18 feet tall and 9 feet in diameter. Cullers said this seems like an industrial use. Don Hunnicutt seconded the motion. Bobbie Jones said adjoining property owners had been notified, but she had not heard comments back from any of them. She said Arkansas Western Gas asked to be contacted so they can locate their lines and confirm the tank will be 15 feet away from those lines. She said they will be 25 feet from church property (also off a 25 foot utility easement). She said Ozarks Electric has said their service lines from the transformer to the building could be damaged if the tank is located over them. Mr. Masterson said the service line to the building has been dug and they are 7 or 8 feet west of the ditch. Mr. Masterson said the tank has 150 pounds of pressure, that it will be surrounded by a four -foot high concrete block fire wall, that it is a vacuum tank and the only problem could be if the piping at the bottom of the tank ever were ruptured, and this would be contained behind the wall. The motion was voted on and passed, 6-1, with Cullers voting "nay" and with two commissioners absent. 9� • • • L Planning Commission July 25, 1983 Page Five Next was a request for a variance from the lot sizerequirement applicable to a lot split submitted by Bryce Davis on behalf of John Eichler for property west of Oakland and Zion Road and one mile north of Highway 45 East (outside City Area). Mr. Eichler and Bryce Davis, Realtor, VARIANCE FOR LOT SPLIT WEST OF OAKLAND AND ZION ROAD GROWTH AREA JOHN EICHLER Limits, but within the Growth were present. Melanie Stockdell explained this property falls under the purview of both the City and County, would be a second lot split, but must be approved by the Planning Commission as one tract of the second split is less than five acres. Bryce Davis said Mr. Eichler has purchased 20 acres and wishes to build on the back of this acreage, leaving the south 60 feet for a roadway. Davis said Eichler wishes to sell two lots off the front, that he has County approval to do this, with the restriction that the back lot cannot be subdivided because of the private driveway to it. He said one front lot meets the three acre requirement, but the other does not because of the creek running across it which the Eichlers wish to maintain. Bobbie Jones said one of the lots should be a minimum of five acres, or the requirement waived by the Planning Commission. Davis said the lots will face Oakland and Zion Road which is an improved street. Windell Cullers moved approval, stating he doesn't think it is a drastic change from what the ordinance intends which is not to allow continued development on a piece of property, and approval is consistent with past policy. Ernest Jacks seconded the motion. Bryce Davis explained, of the total 661 feet facing Oakland -Zion Road, 60 feet would be used for private roadway, leaving 300' for one lot and 301' for the other lot. He said there is City water in front and the County will allow them to put in a septic tank. The motion passed, 7-0, with two commissioners absent. Melanie Stockdell asked that the next two agenda items be considered together, being related to the same piece of property. The first was a request for a variance from the lot size requirement applicable to two lotsplits submitted by Bill Graue for 2625 and 2637 N. Old Wire Road, and zoned R-1, Low Density Residential District. The second item was a conditional use request submitted by Bill Graue for a tandem lot at the same location and with the same zoning. Mr. Graue was present. VARIANCE FOR LOT SPLITS CONDITIONAL USE - TANDEM LOT 2625 AND 2637 N. OLD WIRE ROAD BILL GRAUE Mr. Graue explained the property is L-shaped and has 122.75 feet of frontage on Old Wire Road. Ernest Jacks asked if there would be access to both lots. Mr. Graue said there would be a 25 foot drive to serve the tandem lot: Referring tb the map, Mr. Graue explained that, although an additional fifty feet had been deeded to Mr. Looper, that fifty foot parcel should not be considered as a separate lot and it is combined with the property Mr. Looper owns in the front. • Planning Commission • July 25, 1983 Page Six Mr. Graue said the purpose of the request is to build one house for himself and to give a lot to his son on which to build The smaller lot will be 90' x 150', including the roadway. He said that water is off Old Wire Road and sewer is existing on the back property, and he will give an easement on it. Julie Nash moved approval of both the variance on the lot size and the conditional use request for a tandem lot. Bobbie Jones said the owner will be required to give right-of-way for widening Old Wire Road and will be subject to a sidewalk requirement, but not street improvements for single family dwellings. The motion was seconded by Ernest Jacks and passed, 7-0, with two commissioners absent. The last item on the agenda was a VARIANCE FOR LOT SPLIT request for a variance from the lot WILLOUGHBY ROAD size requirement applicable to a lot JOE TERMINELLA split submitted by Joe Terminella for property east of Highway 71 South and north of Willoughby Road, zoned R-1, Low Density Residential District. Mr. Terminella was present. • Mr. Terminella explained he wishes to split off a parcel of land which would be 125' x 200'. • Bobbie Jones said Mr. Terminella has already signed a Bill of Assurance to build a sidewalk at the call of the City. She said this lot would not support a septic tank and a sewer line is now being extended to serve Lots 1, 2, 3, 14, 15 and 16 only in this Subdivision (Mr. Terminella owns Lot 16). She said there is a building permit moratorium on the other lots in the Subdivision until sewer is available. Windell Cullers moved approval with Ernest Jacks seconding the motion. Barbara Crook noted these lots were sized for septic tanks, and she said she foresees the need to rework the subdivision, with sewer available for the first six lots because of the large lot sizes. She said she wondered if there would, in the future, be a series of requests for lot splits in this subdivision; that the intent of the lot split requirement was to prevent subdivision by lot split. Bobbie Jones said Lots 1, 2 and 3 cannot be split, without having a street constructed to them (they are tandem lots). She said Mr. Terminella is required to have a total of six acres for one lot to be split into two three -acre parcels , administratively. Ernest Jacks asked if there was assurance of improvements on this lot and Bobbie Jones said there is the sidewalk Bill of Assurance, sewer has been extended, that the right-of-way was set aside when the plat was filed and, being a State highway, the City cannot require any other improvements to the street. Jacks said if we construe the intent of the lot split ordinance being to prevent subdivision without any improvements,' then "we're covering every base that we should". 96 • • Planning Commission July 25, 1983 Page Seven Crook expressed concern that other lot owners would want to subdivide and we would have subdivisions that cannot be easily maintained and serviced by the City. Bobbie Jones said the subdivision contains a series of tandem lots, each of which has a private drive from the street, allowing each lot to have frontage on Willoughby Road. Bobbie Jones explained approval of the lot size waiver is in effect a waiver of the requirement that an owner file a plat to subdivide his property. She also told Ernest Jacks that backing into the street is permitted for single family residences. The motion to approve the variance was voted on and passed, 6-1, with Barbara Crook voting "nay". OTHER BUSINESS Commissioner Jacks asked Bobbie HOWELL TRUMBO LAWSUIT Jones for information on the granting of access from the Bypass, by the Board of Directors, to Howell Trumbo. Bobbie Jones said the access point being discussed was to a house which had a driveway all along to the highway, north of the old Ozark Windows. She said the Board of Directors had turned down Mr. Trumbo's request a couple of times and finally approved it for ingress only. Phyllis Rice, Reporter for the Northwest Arkansas Times, said some new information that came to light at the last Board meeting was that the Board thought the access had been closed and an aerial photo was found showing that it had always remained open, physically, so that there has been access all along. With no further business, the meeting adjourned at 6:05 P.M. q'7