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HomeMy WebLinkAbout1984-08-27 Minutes• • • MINUTES OF THE MEETING OF THE FAYETTEVILLE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held Monday, August 27, 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: MEMBERS ABSENT: OTHERS PRESENT: Newton Halley Jr., Melanie Stockdell, Ernie Jacks, Barbara Crook, Fred Hanna, Joe Tarvin, Sue Madison and Stan Green Dr. David Williams Larry Wood, C.J. Rice, Jack Rice, Donna Caudle, John Von Ahn, Nancy Rastall, Johnny Quinn, Bobbie Jones, members of the press and others John Eldridge, Ballard, Ray Paula Brandeis, The regularly scheduled meeting of the Fayetteville Planning Commission was called to order by Chairman, Newton Hailey, Jr. at 5:10 P.M. MINUTES The first item on the agenda was the approval of the minutes of the August 13, 1984 Planning Commission meeting. There was one correction as follows: On Page 3 (the motion), Green wished to add the reasons for his motion which were 1. "Because there is no R-2 zoning presently shown in this area, the nearest being a couple of parcels along the Highway 71 by-pass"; and 2. "The General Plan shows R-2 zoning for property directly south of this and already adjacent to the existing R-1, about which concern was expressed earlier in the meeting". With this correction, the minutes stood approved. REHEARING ON REZONING PETITION R84-11 C.J. RICE - 5.13 ACRES FROM A-1 TO R-2 OLD FARMINGTON RD & E. OF ONE MILE RD The second item on the agenda was a rehearing on the rezoning petition for C.J. Rice. Property consists of 5.13 Acres located at Old Farmington Rd., east of One Mile Rd. Zoned A-1; requested R-2. This item has been referred back to the Planning Commission for further consideration by a vote from the Board of Directors at their meeting of Aug. 20 1984. Rice had appealed his request to the Board after it was denied by the Planning Commission at their meeting of August 13, 1984. ,r7N • • • Planning Commission August 27, 1984 Page 2 Larry Wood, Planning Consultant, said he did not recommend the zoning change 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. He repeated that if the applicant desires R-1 District, it is recommended. Jacks asked Wood for a brief description of land use surrounding subject parcel and Wood said the Plan shows Commercial development from the by-pass west along Highway 62 on both sides with a buffering of medium density residential to the north and south of said Commercial and low density residential adjacent to that. He said it appears to him that Old Farmington Rd. is a stopping point for medium density with low density mainly on the north side which contains no medium density. Chairman Hailey opened the Public Hearing and C. J. Rice explained that there is an R-2 district along Old Farmington Rd about 1400 ft. from his proposed development, as well as some R-2 zoning directly across from subject property. He reiterated that he would improve the street at this location if his petition is granted and he added that he has spoken to the owner of the hilltop property behind subject parcel and that owner hopes to develop his parcel as medium density residential. Rice said he thought traffic would not be a problem in this area and that he intends to build a quality complex. Jack Rice pointed out, on a City zoning map, that there is sewer and electricity adjoining the subject parcel and that there are other parcels in the immediate area with an R-2 zoning. Chairman Halley advised that he had received a letter from Michael C. Pritchard, a neighbor, in favor of this rezoning. There was no one else to speak either for or against this petition and Hailey closed the Public Hearing to Commission discussion. Hanna said he felt the Board of Directors referred this case back to the Planning Commission because of their feeling that Commissioners should strongly consider this rezoning. He reiterated that he felt R-2 was a fitting use for this property because the surrounding land did not particularly lend itself to R-1 development. Crook said she thought R-2 made sense along the by-pass as well as serving as a buffer zone between Commercial and R-1, but that there needed to be a dividing line and Old Farmington Road seemed to serve the purpose. Crook said she thought the area was suitable for R-1. IRs • • • Planning Commission August 27, 1984 Page 3 Green said he felt the R-1 parcels mentioned would eventually be surrounded by R-2 zoning and that there was relatively little R-2 land available for the development of multi -family housing in this part of town. Green said he thought it was appropriate to extend the R-2 zoning because it would serve as an additional buffer zone to the existing R-1 parcels. Crook replied that she felt a responsibility to the property owners of the neighboring R-1 tracts to maintain low-density residential. Green commented that no objections to the petition had been submitted and Hanna added that he didn't think a quality apartment complex at this location would be harmful. He said he didn't think the City's tax base would increase by additional R-1 development in this area in the near future. Green said that one City Director had commented that he had lived in subject area his entire life and he had observed that R-1 zoning had never taken hold there. He said he felt if there were demand for R-2 and none for R-1 that, perhaps, it should be given that direction. MOTION Hanna moved to approve the rezoning. Green seconded and the motion to approve failed to pass by a 4-4-0 vote. Crook, Stockdell, Madison and Jacks voted "nay"; Hanna, Hailey, Green and Tarvin voted "yea". Jack Rice suggested that Commissioners give some thought to quality developments, being offered by builders, that will increase the tax base and improve the living conditions of Fayetteville. LOT SPLIT - FIRST FEDERAL SAVINGS EAST OF HWY. 71 BETWEEN MIISAP & MASONIC The third item on the agenda was the approval of a waiver of minimum lot size for a lot split on property located on the east side of Highway 71 between Milsap and Masonic, zoned C-2 Commercial Thoroughfare and being represented today by Attorney, John Eldridge. Bobbie Jones, Planning Administrator, reported that the City Manager Grimes, has expressed concern regarding additional drives onto College Ave. and that he would like the Planning Commission to pursue (with the property owner) the possibility of gaining a service road (or other through connection) between Milsap and Masonic as an alternate means of access. John Eldridge advised that the current property owner has reserved an easement across the property immediately adjacent to the north for access onto Milsap Road. He said the tract in question consists of 350 ft. of frontage on Highway 71, just south of what was previously a branch of Heritage Savings & Loan and the proposed split will consist 176 • • • Planning Commission August 27, 1984 Page 4 of 166 ft. fronting on Highway 71 immediately adjacent to said branch. Eldridge said the northern boundary of the lot split encases two tracts; one being the old Heritage Savings & Loan and (immediately east of Heritage) a parcel with a recent property line adjustment including an easement being held in reserve running across these two properties for access to the property being split off. He said the lot split would leave just under 200 ft. to the south bordering on Masonic. Crook inquired if the potential buyer, American Business College, would be agreeable to a stipulation that no access could be gained directly to Highway 71, and Eldridge replied that he was representing only the lot split in question and it would be the responsibility of the new owner to follow through on the access problem. Hailey asked Jones if an access at the suggested location would meet the recommendation of the City Manager. Jones replied that she thought Grimes was asking for a through connection between Milsap and Masonic. In answer to a Commissioner's question, Eldridge clarified that the easement being held in reserve was to run across Lots 3 & 4 to the north. He said there is no easement being reserved on the south side to Masonic but, that as his client was the owner of that lot, he could grant it. Jones said a through easement between Masonic and Milsap would be a help to people needing to get to a parcel other than that one on Masonic. She stated that Grime's comment was that a service road is badly needed in this area. Eldridge said that it seemed like a service road along Highway 71 would be impossible because of the existing building immediately north of the proposed lot split and he said he doubted many people would use a service road constructed along the east side of the subject properties because of inconvenience. Chairman Hailey asked for comments and Crook said she was concerned that this parcel was coming through without improvements being required. She advised that the parcel remaining after the split was about two acres and could be presented as a subdivision but unless it did, there would be no street improvement participation from property owners in this area. In response to Eldriges' inquiry, Crook pointed out that if this parcel and that to the south were developed as a subdivision, the cost of the improvements would be spread out amongst more owners, lowering the cost to all. MOTION Hanna moved approval of this lot split with the stipulation that an easement be provided from the split north to connect with Milsap Road. The motion to approve passed 7-1-0 with Crook voting "nay". 177 • • Planning Commission August 27, 1984 Page 5 APPROVAL OF CONDITIONAL USE DONNA CAUDLE, 575 VILLAGE DRIVE CHILD CARE FOR 10 IN R-2; MEDIUM DENSITY The fourth item on the agenda was the approval of a Conditional Use for Donna Caudle of 575 Village Drive to have a child care operation for 10 children in an R-2 zone; six children are allowed by right. Ms. Caudle was present to speak for this appeal and she stated that she was aware of the information included in the agenda regarding size of play area and screening requirements. She said she intends to build a wooden privacy fence around the play yard which will be about 70 ft. by 75 ft. Jones said she has received no objections to this request and added that screening is required because the outdoor play space will be within 50 feet of residential property. MOTION Stockdell moved approval of this request, seconded by Madison and followed by discussion. Jones advised that the hours applicable to child care in a "Home . Occupation" do not apply in this case. At Green's request, Stockdell amended the motion to include the same restrictions as "Child Care/Home Occupation" with the exception to the number of children allowed and hours being extended (24 hours). The amended motion to approve Conditional Use passed 8-0-0. APPROVAL OF CONDITIONAL USE TAXIDERMY AS HOME OCCUPATION JON VON AHN - 1420 ETON: R-1 The fifth item on the agenda was the approval of a Conditional Use for Jon Von Ahn at 1420 Eton, R-1 District. He is requesting extended hours for his "Taxidermy/Home Occupation" operation. Von Ahn was present to speak for this appeal. He stated that taxidermy (small animals - mostly fish) is his hobby and the reason he is requesting extended hours is because most of his customers work and would need to visit him after hours. Van Ahn said he did not intend to engage in this business to earn a living. MOTION • Jacks moved approval, seconded by Green, the motion to approve Conditional Use passed 8-0-0. Fie • • • Planning Commission August 27, 1984 Page 6 APPROVAL OF CONDITIONAL USE DAY CARE SCHOOL - WAYNE FLORA 1502 N. LEVERETT - R-2, MEDIUM DENSITY RES. The sixth item on the agenda was the approval of a Conditional Use for Wayne Flora to operate a day care school at 1502 N. Leverett, zoned R-2, Medium Density Residential and represented by Nancy Ballard. Chairman Hailey advised that a letter has been received by the Planning Department from Jerry Sweetser opposing the approval of this appeal. Ms. Ballard said that she had read the objections stated in Mr. Sweetser's and wished to respond to them. She said she realized that Leverett Street is heavily trafficked but the intention of the day care school is to construct a through drive for the dropping off and picking up of the children so as to avoid stopping directly on Leverett. Ballard responded to Sweetser objection of small children creating a disturbance to University students, possibly studying during the day, by suggesting that the majority of University students attend school themselves during the day and use evening hours for study. She added that the day school will have only two forty-five minute periods of out -door play for the day care children; one in the morning and one in the afternoon and that the play area will be blocked from the neighboring apartment with a privacy fence. Ballard said a parking lot and driveway separate the proposed child care facility from the apartments in question. Answering Madison's question, Ballard explained that there is a carport with a section of its driveway paved as well as other parking space available for staff members and a circular drive proposed for drop-offs. Crook asked Jones if this case would need to be re-examined in a year's time and Jones replied that it would only at the request of the Planning Commission. Jones added that the zoning map included in the packet for this case was in error and the actual location of the proposed child care school is about 660 ft. further south then indicated. MOTION Crook moved approval of this request with the stipulation that it be reviewed in one year and if there have been no objections within that time, the Planning Administrator may will authority to renew the approval with no time limit. Madison asked that the motion be amended to include the provision that there will be no pick-ups or drop-offs of children on Leverett Street. Jacks seconded the motion and the motion as amended passed 7-1-0 with Stockdell voting "nay". Green inquired if this decision was satisfactory to Ballard and she said the school would be leasing the building from Wayne Flora and will need to seriously consider any improvements they had planned. • • • Planning Commission August 27, 1984 Page 7 APPROVAL OF CONDITIONAL USE NURSERY SCHOOL AT ST. THOMAS CHURCH CORNER OF DOUGLAS AND LEVERETT R-3 The seventh item on the agenda was the approval of a Conditional Use for Ann M. Justiss to operate a nursery school from 8:30 - 11:30 A.M. at St. Thomas Church located at the corner of Douglas and Leverett and zoned R-3, High Density Residential. Jones said there was an error in the zoning map for this case and advised Commissioners that the actual location is the northwest corner of Leverett and Douglas. MOTION Jacks moved approval of this request. Hanna seconded followed by Madison's inquiry of where pick-ups and drop-offs would occur to which other members responded that it would be in the parking lot. The motion to approve the request passed 8-0-0. APPROVAL OF ORDINANCE AMENDMENT REQUESTED BY OZARK ELECTRIC APPENDIX A, ART.6, SEC.2(B) The eigth item on the agenda was the approval of ordinance amendment, Art.6, Sec.2(b) App.A of the Fayetteville City Code of Ordinances. Halley advised that there is an error in the proposed amendment. He said it should read "Art.6, Sec.3(b), Appendix A, to place public utility maintenance (not office) building, warehouse, or storage building as a permitted use in Use Unit 3 (not Use Unit 2)". Jones said that when a specific listing of uses exists, the ordinance does not allow her to make any interpretation which would allow the uses anywhere else besides where they are specifically listed. She said Use Unit II is a Conditional Use, city wide, which means that all of the facilities (as originally written in the ordinance drafted by City Attorney McCord) including all of the offices, maintenance and construction buildings for ALL utility companies would be Conditional Uses city wide. Jones said all of the office buildings for all of the utility companies (except Ozark Electric) are presently in R-0 or Commercial zones. She advised that, by placing this is Unit III instead of Unit II, it would make the maintenance buildings, warehouses and storage buildings in A -I, I -I and I-2 uses by right, and Conditional Uses in all other zoning districts. Jones reported that the facilities for the other utilities are in either in I -I or I-2 or have Conditional Uses in C-2 at present. She said she was concerned about the effect of the ordinance, as written, upon the other utility companies. Jones said eliminating the word "office" and replacing it with "maintenance" allows the Administrator to keep the offices for the other utility companies as conforming uses not requiring Conditional Use. 180 • • • Planning Commission August 27, 1984 Page 8 She added that this action would not solve the problem if Ozark Electric wished to make an addition to their present office space and she suggested that Commissioners may wish to ask the Update Committee to examine the fine -line distinctions in this case. Crook asked what the problem would be if O.E. wished to add on to their existing office space and Jones replied that the ordinance as, originally drafted, would require O.E. to request a re -zoning or a change in the ordinance. Jones said Ozark Electric is the only utility company that is not in a Commercial or R-0 zone at the present time. In answer to Green's question, Jones said that this amendment would not effect General Warehousing or Contact Construction services which are already allowed in an I-1 or I-2 zone (Conditional Use in C-2). She advised that, as she had interpreted and without a specific listing for this item, it would have been allowed in I-1 and I-2 and as a Conditional Use in C-2 and not be allowed in any other zone. MOTION Crook made a motion to recommend adoption of the ordinance as amended to the City Board. Stockdell seconded and the motion passed 8-0-0. OTHER BUSINESS RAY RASTALL - DUPLEX NORTH OF WEDINGTON: CARLSBAD TRACE/CARRIAGE WAY RELEASE OR AMENDMENT OF BILL OF ASSURANCE The first item of Other Business was a rehearing of an appeal by Ray Rastall of Mountainberg to release or amend the Bill of Assurance which allows no more than a duplex to be constructed on each lot of a subdivision located on Highway 16 West between Carlsbad Trace and Carriage Way. This item was tabled at the July 9, 1984 meeting to allow Rastall to notify property owners in this subdivision of his intent. Rastall presented a petition signed by surrounding property owners stating that they have no objection to his request to construct four-plexes on the four lots as specified. Jones, gave background to Mr. Rastall's appeal• She said the original plat of this subdivision began when it was still outside City limits, but approval was not given because it was without connections to City sewer. When it was annexed, it became necessary to rezone. She said Commercial District had been requested at that time for the four subject lots, but, because it did not agree with the General Plan, R-2 District had been recommended and accepted. Commissioner Jacks commented that the Planning Commission had not wanted the density of R-2 at this site but had agreed to duplexes, hence the Bill of Assurance. JSI • • • Planning Commission August 27, 1984 Page 9 Jones advised that the decision Commissioners reached today would need to be in the form of a recommendation to the City Board of Directors because they are in authority to either release the Bill of Assurance or to amend it to allow a maximum density of four-plexes as requested. She added that there is only one single-family home nearby. MOTION Stockdell moved to recommend that the Board of Directors release the four subject lots from the Bill of Assurance or amend said Bill of Assurance to allow one four-plex on each of the four subject lots with no direct access to Wedington Drive. Jacks seconded and the motion passed 7-1-0, Madison voting "nay". DRIVEWAY SAFETY ZONE VARIANCE J.B. HAYS - LOT 1, PHASE II, PARR PLACE The second item of Other Business was the approval of a driveway safety zone variance submitted by J. B. Hays for a 50 wide cul-de-sac lot in Park Place Phase II (Lot 1) on Highway 45. MOTION Jacks moved approval, Madison seconded and the motion passed 8-0-0. APPROVAL OF PRELIMINARY PLAT FAYETTEVILLE INDUSTRIAL PARR WEST The third item of Other Business was the approval of the preliminary plat for Fayetteville Industrial Park West located between City Lake Road and Armstrong Road, north and south of Pump Station Road. Chairman Hailey advised that this plat could not be considered until proof of notification of surrounding property owners has been received. Johnny Quinn, McClelland Consultant Engineers, reported that he had received 19 out of 21 return receipts and Crook replied that policy has been to table consideration of plats until all notification has been verified. MOTION Stockdell made a motion to table consideration of this plat until the next Planning Commission meeting, (September 10, 1984) at which time it will be considered with or without the final two receipts because of her thought that people do not always retrieve their certified mail. Madison seconded and the motion passed 8-0-0. ria • • Planning Commission August 27, 1984 Page 10 DISCUSSION OF PRIVATE STREETS WITHIN LARGE SCALE DEVELOPMENTS The fourth item of Other Business was the discussion of City regulatory powers regarding private streets within a Large Scale Development. MOTION Hailey moved to table this item upon call of the Subdivision Committee at such time as they are ready to present their findings. Stockdell seconded and the motion passed 5-2-1, Hanna & Green voted "nay" and Tarvin abstained. CORRECTION TO THE MINUTES OF PLANNING COMMISSION, JULY 9, 1984 REGARDING WHITERIVER HARDWOODS The fifth item of Other Business was a correction to the minutes of the July 9, 1984 Planning Commission meeting by Melanie Stockdell. Jones said that a letter had received from the WhiteRiver Hardwoods Company (and a Bill of Assurance) stating that the "...cyclone blower will be screened...". Stockdell said that the intent of her motion was that the 25 ft. high cyclone tower be screened, not the blower. Madison, having seconded the motion at the July 9th meeting agreed that this was the intent she had seconded. Stockdell added that she intended the requirement to include screening from the adjoining residential area which will be the north and west sides of the tower. MOTION Hanna moved that the minutes be corrected to reflect that the Planning Commission had requested WhiteRiver HardWoods to screen the 25 ft. high cyclone tower from the adjoining residential area with material that is view obscuring, aesthetically acceptable and structurally sound. The motion to correct the minutes passed 6-2-0 with Jacks and Hailey voting "nay". There being no further business, the meeting adjourned at 6:50 P.M. 183