Loading...
HomeMy WebLinkAbout1985-07-22 Minutes• • MINUTES OF THE MEETING OF THE FAYETTEVILLE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, July 22, 1985 at 5:00 P.M. in the Board of Directors Room of the City Administration Building, 113 West Mountain St., Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Newton Hailey, Fred Hanna, Sue Burggraf Joe Tarvin Melanie Stockdell, Ernie Jacks, Madison, Stan Green and Frank Consultant Larry Wood, Rob Merryship, Terence Siebenmorgen, Forrest Drake, Keith Robbins, Bert Rakes, Randall Garrison, Mike Armstrong, Truman Yancy, Mel Milholland, Jerry Sweetser, Chester House, H. H. Hudgens, Hugh Kincaid, Paula Brandeis, members of the press and others The meeting was called to order by Chairman Hailey and the minutes of the July 8th meeting were considered. MINUTES Commissioner Stockdell made the following correction: Page 2, 2nd paragraph, should read: "...when the game is separated physically within the confines of the business and that the primary use for the business becomes a mayor consideration in determining code violations". Commissioner Green made the following corrections and deletions: page 6 (in the motion for Michelle Addition) condition #5; delete "consideration being made by" and "as to"; condition //9 delete "this Committee's recommendation"; and, condition #10 should read "...two lane collector street." With these corrections and deletions the minutes stood approved as distributed. R85-18, J. B. HAYS - 7.52 ACRES MT. COMFORT RD. EAST OF SALEM RD. The second item of consideration was erroneously placed on this week's agenda.. This item was tabled upon a motion by Stockdell and a second by Burggraf and passed unanimously. It will be considered at the time of the Public Hearing to make some determination regarding an R-1.5 zoning District, August 12,1985. 16q Planning Commission July 22, 1985 Page 2 CONDITIONAL USE REQUEST — RADIO TOWER & STATION JOE FRED STARR - FRONTAGE RD "ADJACENT JIM RAY-PONTIAC The petitioner of Item 114 on the agenda requested this item be tabled until the next Commission meeting. A motion by Stockdell and second by Jacks to table was approved unanimously. REPORT FROM THE COMMITTEE ON THE AGED Chairman Hailey announced that this item would be tabled as the Committee was not ready to report because of summer holidays. REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS MERRYSHIP - COUNTY RD. 87"(OLD WIGS BD ) The fifth item considered was Item 1/10 on the agenda: a request for waiver of subdivision regulations (lot split) submitted by Maurice and W. A. Merryship. Property is located off of County Road 87 (Old • Wire Road) outside of City limits. Approved by City Engineer and County Planning with water available from Old Wire Road. Chairman Hailey advised that the petitioner of this item had been assured that his appeal would be heard early in the evening because of a prior appointment, and had, in error, been assigned as Item #10. Commissioner Jacks commented that he had a problem figuring out where this property is located and added that, generally, he felt that better information should be provided in the agenda packet with regards to maps and identification. Hailey explained that the property is located east of Highway 265. Mr. Siebenmorgen, the potential purchaser of a portion of this property, came forward and explained the discrepancies in the maps and legal descriptions. Rob Merryship gave additional information as to the proposed division of the land and location of the access drive to the smaller tract (2 and 1/2 acres). MOTION Stockdell moved approval of this lot split seconded by Hanna. The motion passed unanimously. 170 • • • Planning Commission July 22, 1985 Page 3 CONDITIONAL USE REQUEST -CHURCH WEST SIDE OF CROSSOVER AT WYMAN RD. INTERSECTION Item /13 on the agenda was considered next. A request for Conditional Use was submitted by the Wood Avenue Baptist Church to locate on R-1 property on Crossover Rd at the intersection of Wyman Road. This item was tabled at the July 8th meeting. Forrest Drake, representing the church, advised that church members would not be using Crossover Rd. during any peak hours. Hailey directed attention to a traffic report secured and presented by Drake. Madison advised that she had been opposed to this request the first time it was heard and was still opposed at this time because of the potential traffic hazard. She pointed out that there have been several accidents in this area already this year. Madison said that a church generates a great deal of traffic during a particular time period. She said she didn't feel that a church would be. safe in this location. Hailey asked if this intersection was due to be signalized soon and Consultant Wood advised that, although the light at highway 265 and 45 would be installed by Fall, the time keeps being pushed ahead. In answer to Stockdell's question, Wood said he did not know whether the light at Highway 265 and 16 would be installed this year. Stockdell asked when construction was expected to be completed on the church and the reply was at least six months. Hanna pointed out that the 4 and 1/2 acres in question would allow for construction of 25 to 27 single family homes without any special permission. He said he felt the traffic would not be increased any more by this church than by 25 new homes and added that denying this Conditional Use would be the equivalent of placing a moratorium on any further building on Crossover Road. MOTION Hanna moved approval of the requested Condition Use with a second by Burggraf, followed by discussion. Madison noted that a subdivision with 25 homes would probably require a second point of ingress/egress and that not all of the cars would be there at once. Green advised that the initial church plan also shows two drives and added that it will have to go through large scale development process. He said he didn't feel the number of wrecks was out of line for this area. The motion passed 6-1-0, Madison voting "nay 111 • • • Planning Commission July 22, 1985 Page 4 PUBLIC HEARING R85-19 - KEITH ROBBINS 4748 & 4790 E. HUNTSVILLS ROAD. The next item of consideration was R85-19 submitted by Keith Robbins E. Huntsville Rd. Property is is R-1, Low Density Residential. 1:43 acres respectively. Item 115 on the agenda, Public Hearing for property located at 4748 & 4790 zoned A-1, Agricultural; requested The two parcels are 0.61 Acres and Consultant Wood reported as follows: R-1 District is recommended for the following reasons: 1. R-1 District is recommended by the General Plan; 2. There are already two single-family houses on the property; and, 3. The application indicates that both houses are already on water and sewer. Chairman Hailey opened the Public Hearing. There being no comments either for or against this petition, Hailey closed the Public Hearing and turned discussion back to Commissioners. MOTION Stockdell moved to Hanna. Upon roll Hailey advised that Board. recommend approval of this request, seconded by call, the motion to approve passed unanimously. this recommendation would be passed to the City REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS KEITH ROBBINS - 4748 & 4790 E. HUNTSVILIE RD Item 116 on the agenda was the next consideration of this Commission. A request for a waiver of subdivision regulations as submitted by Keith Robbins for property located at 4748 & 4790 E. Huntsville Road. The request is for second and third lot splits. MOTION Hanna, seconded by Green moved approval of this request for second and third lot splits. The motion vas approved unanimously. DISCUSSION OF LOT SPLIT FOR WINWOOD CHURCH - TOWNSHIP AT WINWOOD The seventh item on the agenda was addressed next. A letter requesting three lot splits (waiver of subdivision regulations) was submitted by Randall Garrison, Pastor of the Winwood Baptist Church located on Township Road at Winwood. 112 • • • Planning Commission July 22, 1985 Page 5 Pastor Garrison explained that in 1971 the church gave a 50' r/w and has given an addition 10 ft. at this time for the widening of Township Road. He said the permit to build the church depended upon the dedicating of the original 50 ft. of r/w. Garrison said the church is in the process of obtaining some additional land adjacent on their north side and would like to sell 1 and 1/4 acre off the east end of their property and another 2 and 1/3 acre piece and a 1 and 1/4 acre piece off the west end of their property. Madison noted that approval of these lot splits would necessitate driveways opening onto Township. Chairman Hailey clarified that, although this item was scheduled as a discussion, the desired lot splits could be voted on tonight. Garrison said that he was aware that Old Wire Road might come in east of Mrs. Gully's house and he said the church is willing to work with the engineer on this project. Rakes, City Right -of -Way Agent, said that connections to Township in the area of the church were still uncertain, but noted that they could come through the church's property. MOTION Upon a motion by Stockdell and a second by Hanna, the request for three lot splits with driveways onto Township Road was unanimously approved as submitted. CONDITIONAL USE REQUEST - BIBLE STUDY JIM SCROOLCRAFT - 608 N. GARLAND Item #8 on the agenda was a request for Conditional Use for a student's bible study gathering place to be located at 608 N. Garland. Request submitted by Jim Schoolcraft for property zoned R-3. Mike Armstrong, representing the petitioner, stated that the house would be used by the Christian Ministry of the University for small classes and office space as well as living quarters for two students. In answer to Stockdell's question, Armstrong said the house would not be a school but would be used for bible study in the evening only. Madison asked if the office would be staffed and Armstrong that it would. In answer to Hailey's question, Armstrong replied that there are 8 parking spaces available on the property and that he anticipated no more than 25 students at any one time. He said most students live on campus and would walk to the center. Armstrong also mentioned that there is a large University parking lot directly across the street that will be available for parking in the evenings. 173 • • • Planning Commission July 22, 1985 Page 6 Madison said she didn't think that 8 parking spaces would be enough for the students anticipated and Armstrong said he had been told that the requirement for a student center was one space per 800 sq.ft. The appropriate Use Unit was discussed and it was determined that Planning Administrator, Jones, was applying Use Unit 4, Cultural and Recreational Use. MOTION Hanna, seconded by Stockdell, moved to grant the Conditional Use and, the motion to approve passed unanimously. CONDITIONAL USE REQUEST - TRUMAN YANCY TEMPORARY REAL ESTATE OFFICE - BRITERFIELD TRAIL VILLAGE The ninth item on the agenda was a Conditional Use request for a temporary (duplex) demonstration unit and real estate office for the Butterfield Trail Village complex. Property located at 1923 E. Joyce Street and zoned R-2, Medium Density Residential. 'fancy stated that he would like to use one duplex as a demonstration unit and to house the marketing office which is presently located at the corner of Stearns and Highway 471. He said he expects the project to be completed in March at which time the unit will become a dwelling unit. MOTION Upon a motion by Jacks and second by Hanna, the request to approve this Conditional Use passed unanimously. REQUEST FOR APPROVAL OF PRELIMINARY PLAT CEDAR CREEK - SWEETSER - E. OF OLD WIRE RD The eleventh item on the agenda was a request for approval of the preliminary plat of Cedar Creek located east of Old Wire Road, south of Stewart (west of Winwood Subdivision) and submitted by Jerry Sweetser. Property is zoned R-1, Low Density Residential.. MOTION Commissioner Green moved to recommend approval of this plat as per the Subdivision Committee review and subject to 1. Plat Review comments; 2. compliance with the greenspace ordinance (unknown at this time); 3. the Planning Commission requesting the City Board change the name of the north/south portion of Susan Drive; 4. recommendation of the waiving of streetlight spacing from 300 ft. to that shown on the plat; • • Planning Commission July 22, 1985 Page 7 5. the developer providing proof of possession of the questionable strip of land on the south side of this project and that strip of land being included in this subdivision; and, 6. the signature of adjoining property owner named Cox being forwarded to the Street Super- intendent and the Planning Office prior to any street construction. Green noted that the Subdivision Committee also made the following three recommendations which are not binding on the developer: 1. serious thought be given by the developer to pursuing the procedure through the Corps of Engineers to reduce the level of the flood plain; 2. a possible drainage problem on Lots 12 & 13 be investigated by the developer; and, 3. that sidewalks be placed at the property line rather than at the curb. Madison seconded the motion, followed by discussion. Stockdell asked if a streetlight could be moved from lot 28 to Lot 18 and Milholland replied that he could possibly move the streetlight from Lot 3 to Lot 11 or 12. Sweetser and Milholland advised that changing the location of the streetlight would involve an underground crossing making it difficult to service in case of any problems. Stockdell said she could see the practicality factor but added that she felt streetlights were very important and the moving of said light would provide a little more visibility along Susan Drive. Madison agreed. AMENDMENT Stockdell offered the friendly amendment that the streetlight on Lot 3 be moved to Lot 11. Green did not accept the amendment as the developer and engineer wished to keep the light as shown. The motion to recommend approval passed 5-2-0, Stockdell and Burggraf voting "nay". OTHER BUSINESS WAIVER OF SUBDIVISION REGULATIONS H. H. HUDGENS - HOOT OWL LANE The first item of "Other Business" was a request fora lot split submitted by H. H. Hudgens for property located on Hoot Owl Lane. This item was denied as a tandem lot request at the July 8th meeting and mistakenly omitted from the regular business portion of this meeting's agenda. Chairman Hailey advised that the petitioner is allowing 70 ft. of road frontage in this lot split and that the Planning Administrator has no problem with the request. MOTION • Jacks moved approval; seconded by Hanna, the motion to approve passed unanimously. 175 • • • Planning Commission July 22, 1985 Page 8 ADDENDUM TO CEDAR CREEK Sweetser asked for clarification on condition #5 in the recommendation of approval for the plat on Cedar Creek as discussed earlier. Green replied that there is the possibility of a utility easement needing to cross a particular piece of land that lies between the southern boundary of the proposed Cedar Creek and the northern boundary of Winwood and Elmwood Subdivisions of which the ownership is uncertain at this time. Green said, although there was no proof of ownership provided at the Subdivision Committee meeting, Sweetser had indicated that he was the owner and could provide that proof. Green said that Administrator Jones has suggested a simple method of dealing with this situation would be to acquire a quit claim deed from two property owners. Sweetser advised that there was a discrepancy in the legal description which has been straightened out except for approximately one foot. He said he felt the City was placing a burden on him to prove that he owns the property but added that he will prove that he owns the property or he will give the property owners next door a quit claim deed for anything he might have on it. He said he feels that he owns the property by adverse possession and added that this property has been in his family for 54 years. Milholland advised that sometimes legal descriptions don't match up because their calls begin from two different directions. Green said he would satisfied if Sweetser could persuade the utility companies to cross the questionable land. Chester House, a property owner bordering the questionable land on the south side, said he felt he was representing several neighbors abutting the problem area. He said he has mowed and protected this land to the best of his ability for 7 years and added that most of his neighbors have done the same. He said the property owner to the east of his land and one other neighbor have quit claim deeds. House said he agreed to sign the plat for this development provided that the old fence along the boundary would not be destroyed and he offered to give Sweetser easement across his land for the utility companies. Chairman Hailey requested that the developer, engineer and neighbors to the south meet privately to try to come to a resolution regarding the unowned land. Hailey advised that they bring the solution to Administrator Jones and if she does not find it satisfactory, it will need to come back to the Planning Commission. 176 • • • Planning Commission July 22, 1985 Page 9 REQUEST FOR APPROVAL OF OFF -SITS PARKING HUGH KINCAID FOR WALKER -STONE TOWNHOUSES The second item of "Other Business" was a request submitted by Attorney Hugh Kincaid on behalf of the Walker -Stone Townhouse development located on Mountain Street at Church. Hailey advised that Mr. Kincaid has submitted a letter requesting that the Commission review the Planning Administrators's interpretation that this project falls under Use Unit 10 requiring two parking spaces per dwelling unit and/or to determine that the number of spaces being required by the Planning Administrator be reduced in consideration of other available parking. Hailey further advised that a reply to that letter has been received from the Planning Administrator noting that a ruling on her interpretation and/or a variance in the number of required spaces can be handled only by an appeal to the Board of Adjustment. She further advised that the Planning Commission may address the request to utilize off-site parking if it is within 300 ft. of the development site. Property is zoned C-3, Central Commercial. Kincaid explained that this project has been developing for some time and noted that one constraint placed upon the developers was to keep the vista of the Stone house resulting in the present proposed parking configuration. He requested that the Commission take available off-site parking into consideration for this project. Kincaid explained that he is planning 14 units with 20 on-site parking spaces and pointed out that between this phase of development and the first phase, there is about 3/4 of a block involved. He said that when the first phase was planned, it was assumed that the shared parking concept would be used. Madison clarified that all units will be two-bedroom and Kincaid added that, because of the type of financing being obtained, 20% of the units will be occupied by low-income families reducing the number of vehicles expected. Madison said she was not in favor of parking lots but added that people usually wish to park close to their residence rather than across the street. She expressed concern that occupants would park on the lawn and Kincaid replied that the design of the project would not encourage that practice. MOTION Madison moved to grant the request for utilization of 10 off-site parking spaces for this project with the understanding that there will be no parking on the lawn. Burggraf said he had a problem with the notion that off-street parking is a substitute for the parking ratio that should exist on-site. He pointed out that when there is a party at a single family home, it is a "given" that parking on the street will be utilized. /97 • • • Planning Commission July 22, 1985 Page 10 Madison noted that there is a great deal of downtown parking already in existence and were it not for that fact, she would not feel the way she does regarding the off-site parking in this case. Hanna seconded the motion to approve 10 off-site parking spaces which passed 6-0-1, Hailey abstaining for conflict of interests. COMMITTEE FOR STUDY OF AREA BOUNDED BY HIGHWAY 112 NORTH - LARRY WOOD The third item of "Other Business" was a request by Planning Consultant Wood to from a Committee of Commissioners to assist in the land use study for the area bounded by Highway 112 North. Chairman Hailey appointed Commissioners Jacks, Tarvin and himself to serve on said committee. LETTER OF RESIGNATION FROM COMMISSIONER FRANK BURGGRAF The fourth item under "Other Business" was consideration of a tendering of resignation by Commissioner Frank Burggraf. In a letter to fellow Commissioners, Burggraf explained that he was unaware that missing three consecutive meetings required a Commissioner to tender their resignation. In his letter, he further pledged to attend all meetings hereafter that it is feasible to do so. MOTION Stockdell expressed her feeling that Burggraf's explanation of attending a licensing meeting in New York was an appropriate excuse of absence from this Commission as it was Commisison business and added that she felt Burggraf was a valuable asset to this Commission. She moved that Burggraf's resignation not be accepted. Seconded by Madison, the motion passed 6-0-1, Burggraf abstaining. There being no further business, the meeting adjourned at 6:45 P.M. 17$ • • Planning Commission July 22, 1985 Page 10 Madison noted that there is a great deal of downtown parking already in existence and were it not for that fact, she would not feel the way she does regarding the off-site parking in this case. Hanna seconded the motion to approve 10 off-site parking spaces which passed 6-0-1, Hailey abstaining for conflict of interests. COMMITTEE FOR STUDY OF AREA BOUNDED BY HIGHWAY 112 NORTH - LARRY WOOD The third item of "Other Business" was a request by Planning Consultant Wood to from a Committee of Commissioners to assist in the land use study for the area bounded by Highway 112 North. Chairman Hailey appointed Commissioners Jacks, Tarvin and himself to serve on said committee. IETI'ER OF RESIGNATION FROM COMMISSIONER FRANK BURGGRAF The fourth item under "Other Business" was consideration of a tendering of resignation by Commissioner Frank Burggraf. In a letter to fellow Commissioners, Burggraf explained that he was unaware that missing three consecutive meetings required a Commissioner to tender their resignation. In his letter, he further pledged to attend all meetings hereafter that it is feasible to do so. MOTION Stockdell expressed her feeling that Burggraf's explanation of attending a licensing meeting in New York was an appropriate excuse of absence from this Commission as it was Commisison business and added that she felt Burggraf was a valuable asset to this Commission. She moved that Burggraf's resignation not be accepted. Seconded by Madison, the motion passed 6-0-1, Burggraf abstaining. There being no further business, the meeting adjourned at 6:45 P.M. 179