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HomeMy WebLinkAbout1984-07-23 Minutes• • • MINUTES OF THE MEETING OF THE FAYETTEVILLE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, July 23, 1984 at 5:00 P.M. in the Board of Directors Room of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Melanie Stockdell, Ernie Jacks, Barbara Crook, Stan Green, Joe Tarvin, and Fred Hanna MEMBERS ABSENT: OTHERS PRESENT: Newton Hailey, Jr., Sue Madison and David Williams Greg House, Al Gray, Bryan Wimberley, John Doty, John and Jo Ann Teas, Gary Carnahan, Jerry Martin, Bobbie Jones, Paula Brandeis, members of the press and others. The regularly scheduled meeting of the Fayetteville Planning Commission was called to order by Vicechair, Melanie Stockdell at 5:00 P.M. CONDOLENCES Stockdell informed Commissioners and members of the audience that Harold L.ieberenz, former Planning Administrator and near 30 -year City employee, had passed away July 22, and announced that his funeral will be held at Nelson's Funeral Home on Wednesday at 2:00 P.M. Stockdell expressed condolences to Lieberenzs' family on behalf of the Commission. MINUTES The first item on the agenda was the approval of the minutes of the July 9, 1984 Planning Commission meeting. There were two corrections. Joe Tarvin requested a correction to the minutes on Page 6, last sentence. He said that he had inquired whether wood was actually being run through the planer at the time the decibel reading was taken, and not whether the fan motor had been running (as printed). Barbara Crook also had a correction to the minutes. She said that (page 6, third paragraph) it should read "...in violation of their Conditional Use..." instead of "...in violation of the code.." as stated. She added that she had prefaced this comment with "...what I am saying doesn't have anything to do with whether what they are doing was good or bad...", and not "...whether they should or should not be operating." (as printed). With these two corrections, the minutes stood approved. F56 • • • Planning Commission July 23, 1984 Page 2 SUNNY LANE ADDITION The second item on the agenda was the approval of the preliminary plat for Sunny Lane Addition. MOTION As the petitioner was not in the audience, Hanna made a motion to move this item to the last place on the agenda in anticipation of the developers' arrival. Jacks seconded and it passed 6-0-0. Stockdell announced, for those concerned, that Item 7 would be tabled. PUBLIC HEARING R84-11 C. J. RICE - OLD FARMINGTON AND ONE MILE RD REZONE FROM A-1 TO R-2; OWNER DR. BERRY BROYLES The third item on the agenda was a Public Hearing R84-11, by agent C. J. Rice for Dr. Berry Broyles to rezone 5.13 acres located north of Old Farmington Road and east of One Mile Road. Property currently zoned A-1, Agricultural - requested zoning R-2 Medium Density Residential. The petitioner was not present to speak for this appeal and Stockdell proceeded to read the recommendation from Larry Wood, Planning Consultant: "R-2 District is not recommended for the following reasons: 1. Medium density residential development is contrary to the General Plan Recommendation; and, 2. Multi -family development at the location requested would tend to commit the properties between Old Farmington Road and Highway 62 to a similar use as well as the undeveloped hillside to the north and west. If the applicant desires R-1 District, that is recommended." There was no one present in the audience to speak either for or against this appeal and Stockdell closed the Public Hearing. MOTION Crook moved to recommend to the Board of Directors to deny this rezoning petition for the reasons stated by Larry Wood. Jacks seconded followed by discussion. Jacks stated that he had not been able to find the sign announcing the rezoning petition and Green said he hadn't found it either. Hanna said he didn't think R-2 was unacceptable in this area. 167 • • • • Planning Commission July 23, 1984 Page 3 Jacks expressed his concern that the reason no one was present to address this appeal was because the announcement sign could not be found and Jones reassured him that she had prepared the sign herself and had sent agendas to seven surrounding property owners announcing this proposal. The question was called and motion passed 6-0-0. REQUEST FOR WAIVER OF MINIMUM LOT SIZE FOR IDT SPLIT GREG HOUSE — SW CORNER REBECCA & WILLOW The fourth item on the agenda was the consideration of a request for waiver of minimum lot size requirement for a lot split by Greg House. Property located at the SW corner of Rebecca and Willow, zoned R-1. House was present to speak for this request. He said that the surrounding properties of similar size have been split and that the parcel he wishes to split has a natural shrub boundary that, when split, would not harm the integrity of the front -most piece. MOTION Crook moved to approve this request; seconded by Green, followed by discussion. Jacks advised that the reason for having a minimum lot size is so that developers will participate in street improvements. Jones said House will be required to install sidewalk (or sign a Bill of Assurance) if sidewalk is required on his side of Rebecca and that he would also be required to pay a parks fee if approved. AMENDMENT Jacks wished to amend the motion on the floor to say that House will be required to participate in bringing the street to City standards on a rational nexus basis whenever improvements are called for in this area. Green inquired whether this meant House would have any more obligation to help with street improvements than any of the other neighboring property owners. Jacks said it meant that House would participate as part of a street improvement district composed of the residents of this neighborhood. Jones explained that a lot split falls under the same consideration as a subdivision except that the requirement to file a subdivision plat is waived. Hanna seconded the amendment followed by further discussion. • • Planning Commission July 23, 1984 Page 4 Green asked House what his opinion of this requirement was and after some explanation by Stockdell, House agreed to become part of the street improvement association when applicable. Jones advised that there would be a special assessment, payable in increments, for the cost of the street improvements. The amendment passed 6-0-0, the motion to approve passed 6-0-0. PRELIMINARY & FINAL PLAT - MT. COMFORT ACRES MT. COMFORT RD AND HAMSTRING RD OWNER/DEVELOPER; J. B. HAYS The fifth item on the agenda was the approval of the preliminary plat for Mt. Comfort Acres located on Mt. Comfort Rd. and Hamstring Rd. Property consists of 14.17 acres, owned and developed by J.B. Hays. Stockdell advised that the recommendation by the Parks and Recreation Advisory Board was to accept $735 cash in lieu of land for Green Space. MOTION Crook moved approval of this development's preliminary and final plat as recommended by the Subdivision Committee, subject to 1. Plat Review comments; 2. confirmation of notification of property owners, 3. receipt of letter by the Planning Office reflecting perc data and septic tanks; 4. parks fee being paid for all lots including those which may have already been sold; 5. installation of a drainage swale along Hamstring Creek Road. Hanna seconded followed by discussion. John Doty, a neighbor to the property in question, asked if the sewer line would come in from Mt. Comfort Rd. and Crook replied that storm drainage was the issue under discussion and that would consist of a swale along Hamstring Road. Crook added that the County Planning Office has their own requirements with regards to roads. Jones said that the only response she has had from the County Planning Administrator, Allen, is that some certificates had been omitted from the plat which he wished to have added; the thirty ft. right-of-way hown from the centerline of the road is what is required by the County; the County does require a hard surface road in the growth area; and he said he wasn't sure if this developer should be required to build his section of the road at this time or post funds in escrow for the County to use for future improvements. Doty expressed concern that taking 30 ft. of right-of-way would eradicate a great deal of landscaping from his property which is adjacent to the south of Lot 7 and east of Lot 6. He inquired about the City's future plans for annexation in this area and Crook replied that there was no current plan for doing so as far as she knew. '54 • • • Planning Commission July 23, 1984 Page 5 In answer to Stockdell's inquiry of whether to request this developer to complete off-site improvements, Jones replied that the ordinance says (sic) "...that in the event that there are off-site improvements, the County will determine the portion to be borne by this developer and also, if they are not done to City standards, that they be done to minimum County standards." AMENDMENT Crook added the following to her motion: a percentage of off-site improvements on Hamstring Creek Road are required to be completed to minimum County standards. Crook said she wished to reflect the City Planning Commission's desire for cooperation with the County Planning Department. Stockdell re -read the motion and it passed 6-0-0. APPROVAL OF FINAL PIAT PARK PLACE PHASE II HWY. 45 & CAMBRIDGE RD. The sixth item on the agenda was the approval of the final plat of Park Place Phase II, located on Highway 45 & Cambridge. Property consists of 25 lots on 11.29 acres and the owner/developer is J.B. Hays Stockdell reported that the Parks and Recreation Advisory Board has recommended $2,625 cash be accepted in lieu of land and she said that the preliminary plat has been reviewed as Cambridge Place; the owner has requested to change the name to Park Place. MOTION After confirming that copies of two signed easements had been received by the Planning Office, Crook moved to approve this final plat as recommended by the Subdivision Committee, subject to 1. Plat Review comments; 2. receipt of a copy of the covenants; 3. the Cambridge East development drainage plan be reviewed by the City Engineer's office between now and the time that the eastern -most 40 acres is ready for subdivision approval; 4. proof that the parks fee has been paid on each lot that has already been sold; 5. the developers being prepared to offer either a contract or a cash bond (or both) for the completion of required improvements; 6. the extension of the median on Cambridge Rd. shown on the plat. Green seconded; discussion followed. Crook said that the Subdivision Committee has a major concern regarding drainage on hillsides and is particularly concerned about the drainage for the entire acreage that this development is part of. She said a retention pond has been planned at the low end of the east 40 acres but there is still concern about the possible off-site impact to the drainage for the entire subdivision. 16© • • • Planning Commission July 23, 1984 Page 6 Jo Ann Teas, 1532 E. Shadowridge Dr., wished to express her concerns with regard to this development. She asked if sewer line would be run along Shadowridge Dr. as reflected in the minutes of the Subdivision Committee meeting of July 20. Crook said this should read " such time as sewer is installed to serve the area of Shadowridge Drive..," Wimberley, Northwest Engineers, Inc., said the City has previously tried to extend sewer service along this route to correct the existing septic tank problems. Wimberley said this developer is not extending sewer but that when the City does extend sewer here, it will be within the existing easement on Teas' property. Teas and Wimberley expressed their different opinions as to the width of the dedicated easement. Teas said she has lived at this address for 20 years and that erosion has always been a problem. She said it is being complicated now by the introduction of this development. She produced an old Soil Survey which indicates that this area has "...hazardous erosion problems..." Teas said her second concern was that much debris has been left by the developing of Hays' property and she thought the developer should be responsibe for restoring the appearance of the area. Teas stated that a major traffic problem exists in the early morning in this area. Hays stated that he was working on a drainage plan for the area and that he would have the area cleaned up when the work is finished and Wimberley stated that, although the area could not be restored completely, it would be cleaned up as close to the original condition as possible. Stockdell suggested that it might be beneficial for the contractor and the Teas' to meet and talk over these problems. The motion to approve this plat passed 6-0-0. REVISED FINAL PLAT - BRONZE TREE VILLAGE PDD NORTH OF TOWNSHIP, WEST OF BROPHY CIRCLE OWNER/DEVELOPER: RALPH BROPHY, ZONED R-3 The seventh item on the agenda was the approval of the plat for Bronze Tree Village, located north of Township of Brophy Circle. Property zoned R-3, owner/developer is The purpose of this is to correct an error in the final filed. Jerry Martin; Engineer. MOTION revised final Rd. and west Ralph Brophy. plat already Crook moved approval of this plat subject to 1. Plat Review comments; 2. sidewalk being installed on Brophy Circle for the length of this development prior to recording. Green seconded, motion passed 6-0-0. 161 Planning Commission July 23, 1984 • Page 7 SAN WILSON COMMERCIAL CENTER LSD ON FRONT ST.: LOTS 5, 6 & 7 VANTAGE SQUARE OWNER/DEVELOPER: J.B. HAYS The eighth item on the agenda was the approval of a Large Scale Development for Dr. J. B. Hays. Property located on Front St.; Lots 5, 6 & 7 of Vantage Square Subdivision, zoned C-2. Gary Carnahan; agent. Crook inquired if there were any problems in meeting the Plat Review comments and Carnahan that there were not, but he wished to address the issue of the maintenance of the drainage easement on the west side of Front St. He said he was agreeable to saying that the City was not responsible for maintaining this easement but was unsure whose responsibility it was. Carnahan said that, presently, the easement is silted in and he would be responsible for cleaning it out initially. Crook said that if there were subdivision covenants they would be addressing all of the property owners along Front Street and Jacks said he thought that, in absence of any covenants, the developer of these lots should bear the responsibility of the easement maintenance. Carnahan mentioned that the developer has requested a waiver on the maximum width of the curb cuts for each of the two drives planned. • NOTION • Crook moved approval of this Large Scale Development subject to 1. Plat Review comments; 2. recommendation of waiver of the maximum width for curb cuts. Jacks seconded, followed by discussion. Crook said that at some point, the legality of ownership/responsibility of the drainage easement on the west side of Front Street will need to be resolved. The motion to approve passed 6-0-1, Green abstained. APPROVAL OF PRELIMINARY PLAT FOR SUNNY LANE ADDITION - OWNER/DEVELOPER: JIM HATFIELD OLD MISSOURI & OLD WIRE ROADS MOTION As there was still no one present at this time to represent this plat, Jacks moved to table it. Hanna seconded and it passed 6-0-0. There being no further business, the meeting adjourned at 6:20 P.M. 162