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HomeMy WebLinkAbout1988-04-11 MinutesMINUTES OF A MEETING OF THE FAYETTEVILLE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, April 11, 1988 in the Board of Directors Room of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Butch Robertson, B.J. Dow, Jerry Allred, Ernie Jacks, Julie Nash, Gerald Klingaman, Fred Hanna OTHERS PRESENT* J. E. Springborn, Gerald Seiff, and Don Bunn, Ervan Wimberly, Larry Wood, John Freeman, Chuck West, Collins Haynes, H.M. Shipp, Dave Jorgensen, members of the press and others PUBLIC HEARING - REZONING R88-3 DR. GLENVHARDY G ADDITION) - WEST OF HWY 265, NORTH OF TOWNSHIP .. )Q �O JEOccd..- The first item on the agenda was consideration of rezoning petition R88-3 submitted by Dr. Glen Hardy and represented by Ervan Wimberly. Request was to rezone a 6.84 acre tract of land located on the west side of Hwy 265 between Ferguson Ave. and Township Rd. from A-1 (Agricultural) District to R-1 (Low Density Residential) District. Planning Consultant Wood's recommendation was: That the Planning Commission consider a change to R-1 from A-1 for the following reasons: 1. R-1 District is consistent with the General Plan recommendation; 2. The public facilities are available to serve the property; and 3. The property is located in an area of expanding single-family development. Chairman Jacks opened the public hearing and asked those proposing the proponent's petition to speak. Ervan Wimberly advised that he was the representative of the petition. He stated a� • • Planning Commission April 11, 1988 Page 2 that what was proposed for this tract was development of a low density residential subdivision which would consist of 16 lots, for single family residences only which is consistent with the adjacent land use. MOTION A motion was made to grant the rezoning from A-1 to R-1, seconded by Commissioner Seiff. The motion to grant this rezoning passed 9-0-0. PUBLIC HEARING - REZONING R88-4 MR. HARVEY SMITH, SR. & NANCY POWELL KERN - N OF APPLEBY, S OF 71 BYPASS Oro_ 3344 iq •Ss The second item on the agenda was consideration of rezoning petition R88-4 submitted by Harvey E. Smith, Sr. & Nancy Powell Kehn and represented by Ervan Wimberly. Request was to rezone a 67 acre tract of land located east of Gregg Ave. between Appleby Rd. and the Hwy 71B portion of the Hwy 71 Bypass, from A-1 (Agricultural) District to R-0 (Residential -Office) District. Planning Consultant Larry Wood recommended that the Planning Commission consider the zoning change to R-0 District for the following reasons: 1. The land along the Hwy 71 Bypass is an appropriate place for multi- family, office, commercial and limited industrial uses; 2. The property in question has access to the frontage road and is at the Gregg Ave. interchange; and 3. The public facilities are available to serve the property. Ervan Wimberly stated that what was proposed for this tract was a medical park by a group of Fayetteville doctors which would include development of the entire 67 acres. This particular tract of land was chosen after an extensive search and detailed studies as far as access, utilities, terrain, soil conditions, etc. Part of the option conditional purchase of the property is that they get it rezoned. The proposed medical park will be developed by about forty doctors with eventually fifteen or more different clinics. The doctors involved represent a complete cross-section of the medical care providers in Fayetteville. Mr. Wimberly stated that they possibly will be back sometime in the future for another rezoning for some small part of it to be allowed to have a drugstore, therefore if there will be a problem with that let him know now so they can plan accordingly. A connection will be made from Appleby Road to the frontage road. They have frontage along the this road and they have submitted layouts for the entrances to the Highway Department and will be working closely with them. Mr. Wimberly stated further that the City has the improvements of Appleby Road in their budget for this year and this group of doctors will be responsible for their proportional share of funds for improvements on Appleby Road. • Mr. Wimberly stated that a water line cross -connection loop will have to be provided which will provide adequate water supply for the fire protection. This • • Planning Commission April 11, 1988 Page 3 will be considered when this is brought back for Large Scale Development Plan approval. Chairman Jacks asked Mr. Wimberly if the access to the highway he spoke of was to the service road or to the 71 bypass. Mr. Wimberly clarified that he was referring to access to the service road not the bypass. He stated that they would also be extending that frontage road on across this property eventually and connect with Millsap and College. Commissioner Seiff asked Mr. Wimberly what their plans are with respect to any residential. Mr. Wimberly stated there were no plans for any residential dwellings on the property, it will be strictly an office complex. Commissioner Seiff noted his concern about the landing strip runway near there which abuts that property. Mr. Wimberly stated that they are aware of this, but there shouldn't be any problem. Commissioner Springborn asked Mr. Wimberly if they had any timing deadlines that they were required to meet on getting this developed. Mr. Wimberly answered that the options on the property would expire at the end of this month if the rezoning isn't granted. He said they hope to have parts of this medical park under construction by this summer because some of the doctors want to be in there by the summer of 1989. Construction will be phased over a three (3) to five (5) year period. Commissioner Klingaman asked what percentage of the total area will be built in the first three (3) to five (5) years. Mr. Wimberly answered that they would have a more definite as to the layout & how construction will be phased when they come back with a Large Scale Development Plan. He stated that the first phase will probably include opening at least a portion of the road up from Appleby to the frontage road. Primary access will be from the frontage road. They anticipate that most patrons would come in from Gregg Street and turn east on the frontage road to enter the complex. However, there will be some traffic from Appleby Road. Commissioner Nash stated that she felt that R-0 is a suitable zone for this site, whether the medical complex is built or not. It seems to fit into the general plan and all the recommendations go along with it. John Freeman of 315 Village (on the corner of Jason & Village Streets) stated that he was concerned about the traffic level that is associated with Appleby Road and the additional traffic that will come with construction on this Medical Park being started this summer. He stated that they hadn't heard anything firm about when Appleby Road will be paved. He is concerned with his neighborhood being driven as a major thoroughfare between Gregg Street and College Ave. • Chuck West of 300 Village Drive stated that his concern was not so much the rezoning, but the fact that Appleby Road is not being paved before the • • • Planning Commission April 11, 1988 Page 4 construction begins. He appealed to the Planning Commission to require that Appleby Road be paved all the way through before any construction begins on this piece of land mainly because of the traffic control problem on streets which are not intended or designed to carry that kind of traffic. Chairman Jacks asked Don Bunn, the City Engineer, if there is any projection about any street work in that area. Mr. Bunn answered that it is in the budget to have Appleby Road paved and they expected to begin construction sometime this year. Commissioner Dow asked how much of Appleby would be paved. Mr. Bunn stated that all of Appleby that is unpaved now will be paved under the City project. Commissioner Hanna asked Mr. Bunn if he was referring to the unpaved portion of Appleby that runs North & South. Mr. Bunn answered, Yes. Chairman Jacks closed the public hearing and discussion took place between the Commissioners. Commissioner Robertson stated that this rezoning request appears to coincide with the overall plan and the property will be developed in an appropriate manner. NOTION Commissioner Robertson moved to grant the rezoning request from A-1 to R-0, seconded by Commissioner Hanna and followed by discussion. Commissioner Nash noted that the citizens had a valid point, but it might be premature bringing it up at this meeting. She stated that this will be advertised in the newspaper when it comes before the Planning Commission again and that would be the time to discuss specifics such as traffic and drainage. Chairman Jacks stated that when the Large Scale Development Plan does come back in front of the Planning Commission, they should try to determine a close idea as to the timing of Appleby being paved and construction of this medical park. Commissioner Seiff stated that he felt maybe the City should wait until after the construction of the medical park to pave Appleby because of the damage that construction equipment might do to the newly paved street. The motion to grant the rezoning request passed 8-0-1 with Dow "abstaining". PUBLIC HEARING - REZONING R88-5 TOMMY BRANNON - 3257 CITY LAKE ROAD The third item on the agenda was consideration of rezoning petition R88-5 submitted by Tommy Brannon. Request was to rezone a 2.29 acre tract of land located at 3257 City Lake Road from R-1, Low Density Residential, District to A- 1, Agricultural, District. Chairman Jacks stated that Mr. Brannon was asking for the rezoning for the a2 • • Planning Commission April 11, 1988 Page 5 purpose of putting in a mobile home. He noted that the Ordinance permits the mobile home as a conditional use only with 3 acres or more. Mr. Wood, the Planning Consultant, recommended that the Planning Commission consider a zoning change from R-1 district to A-1 district as indicated for the following reasons: 1. The character of the area is rural with the exception of the Industrial Park to the Northeast; and 2. The A-1 district does not set a precedent contrary to the General Plan recommendation which are Medium Density Residential. Chairman Jacks opened the public hearing and asked to hear from the petitioner or the proponents. Chairman Jacks advised Mr. Brannon that according to the Ordinance, there wasn't enough property to accomplish what he had in mind (putting a mobile home there). Mr. Brannon stated that he understood, but they have planned to make further negotiations. Commissioner Robertson asked if in the event that they grant the rezoning to A-1 Mr. Brannon would still not have the right to put the mobile home there. Chairman Jacks answered, Yes, that's right, Mr. Brannon would have to pursue it further. Chairman Jacks noted that the Planning Commission doesn't have the authority to waive that 3 acre requirement. Commissioner Seiff asked if the proponent is still petitioning for the rezoning request. Chairman Jacks answered, Yes, he wants to continue. Commissioner Klingaman stated his concern that other people in the area that is zoned R-1, might seek A-1 zoning also. Chairman Jacks answered that if they did the Planning Commission would have to treat them individually. He stated that nothing would prohibit their petitioning, but Mr. Wood doesn't seem to think this would set a precedence. Commissioner Klingaman asked what the difference is in the tax base between R-1 and A-1 zoning. Mr. Wood answered that he believes that in the new tax structure tax is based upon potential development. He stated that he would expect there would be only a small difference in that capacity. Commissioner Hanna stated that he thought that would be for all land not just developed land. MOTION Commissioner Nash moved to recommend to the Board of Directors that they approve • Planning Commission April 11, 1988 Page 6 this rezoning, seconded by Commissioner Hanna. The motion to grant the rezoning request passed 9-0-0. CONDITIONAL USE (CHURCH) - STANLEY JONES & B. COLLINS HAYNES ON THE NORTH SIDE OF MITCHELL STREET BETWEEN SANG & LEWIS The fourth item on the agenda was consideration, of a Conditional Use approval for the construction of a church (Mosque) in R-2 zoning district for property located on the north side of Mitchell Street between Sang and Lewis. Submitted by. Stanley Jones & H. Collins Haynes, presented by Collins Haynes. Collins Haynes, architect, stated that this is the same project that was discussed in July. He noted that they lost that one piece of property due to unfortunate timing on transfer of money. The new site which is approximately four acres would be just as feasible or more feasible due to the fact that it is much larger. There is approximately four (4) acres so they would not have to appeal any of the setbacks. This site is currently zoned R-2 and the basic Mosque plan stays the same except there is a larger parking area planned. Commissioner Seiff stated that as far as the Mosque goes the size would be the main concern. Mr. Haynes stated that the proposed Mosque would be approximately 8 to 9 thousand square feet. As part of this approval, they would be removing the two existing houses along Mitchell Street to allow for proper frontage on the street. Commissioner Hanna asked if they would be removing the house on Stone Street as the plan shows, also. Mr. Haynes answered that they could, if it was necessary. Commissioner Hanna asked if they were planning an exit or entrance from Stone Street. Mr. Haynes stated that they would have something along that line. Commissioner Hanna recommended that they remove the house on Stone Street so that they can have an entrance off of Stone. Mr. Haynes stated that his only concern with an entrance off of Stone Street is it looks like the entrance would be down hill and straight up. Commissioner Dow asked how far the basic building would be set back from Mitchell Street. Mr. Haynes answered that it would be set back at least 100 feet. Commissioner Robertson stated that one of the main problems that was associated with this project when it was discussed before was the parking. Mr. Haynes stated that they would be providing adequate parking although all of it would probably never be used. Commissioner Seiff stated that there had also been a little concern about the Mosque possibly being used as a dorm. Mr. Haynes stated that there would be caretakers quarters on the site, but that would be the only residence. • H. M. Shipp, a member of the audience, stated that he owned some property near this site. He asked for clarification on the question about whether the Mosque Planning Commission April 11, 1988 Page 7 would be used as a dorm. Commissioner Seiff clarified that the only residence on site would be for the care takers. NOTION Commissioner Seiff moved to approve the conditional use, seconded by Springborn. The motion to grant the conditional use passed 9-0-0 and discussion followed. Commissioner Hanna asked, now that this conditional use has been approved for this Mosque at this location, does that remove that conditional use we granted for that property at the corner of Reagan and Arkansas Streets. Chairman Jacks answered that a Conditional Use is granted to a person not a location. Mr. Wood agreed with him. Commissioner Hanna asked, therefore, if someone else wanted to put a church on those lots at the corner of Reagan & Arkansas Streets, they would have to come back before the Planning Commission. Chairman Jacks answered, Yes. APPROVAL OF REPLAT - BROPHY SUBDIVISION RALPH BROPHY - N OF TOWNSHIP, E OF COLLEGE The fifth item of consideration on the agenda was a replat of Lot 4 of the Brophy Subdivision submitted by Ralph Brophy and represented by Dave Jorgensen, Engineer, located north of Township and East of College. Property is zoned R-3, High Density Residential. Dave Jorgensen stated that they are requesting approval of a replat of Lot 4 in the original Brophy Subdivision. The main purpose being to divide the large lot (Lot 4) into three smaller lots. Commissioner Hanna asked if they were replating Lot 4 into three lots. Mr. Jorgensen answered, Yes. Commissioner Klingaman stated that Lot 4 is an odd shaped lot and it looks like they plan to have very high density in there. He asked if there would be a developed plan of this that would be before them at a later date. Chairman Jacks stated that since they are doing the lots one by one and the lots aren't over an acre each, there probably wouldn't be a Large Scale Development Plan. Commissioner Hanna noted that the larger lot would be 85'x 172'. Chairman Jacks asked Mr. Jorgensen to explain what they had planned for each lot. Mr. Jorgensen answered: 1. The 85'wide lot would probably have only one duplex; 2. The 2nd one to the North would possibly have a four-plex on it; and 3. The larger one North of it might have one four-plex and one tri-plex NOTION Commissioner Hanna moved to grant the replat as requested, seconded by Robertson and followed by discussion. • Planning Commission April' 11, 1988 Page 8 Chairman Jacks noted that there were terrain problems on this property. Commissioner Dow stated her concern about the fact that they seemed to be planning to put alot on these lots and there might be some limitations put on these as far as terrain and setback requirements. Chairman Jacks noted that Mr. Jorgensen would be required to follow City Ordinances regarding what could be placed on each lot. Commissioner Allred stated that anything that is built on these lots would have to meet area, density and bulk, and setbacks regulations. Therefore, that will govern what they can and cannot put on these lots. Commissioner Hanna stated that they could probably fit more on this property if they didn't divide it into lots. Commissioner Klingaman asked what the advantage would be in the lot split as opposed to developing it as a single lot. Mr. Jorgensen answered that Mr. Lazenby has a system worked out where he builds these units on separate lots so that he can sell them separately. Mr. Bunn stated that the reason he was asked to do a replat rather than just a Lot Split was so that the Plat Review Committee would have a chance to look at it. • The motion to approve the replat as requested passed 9-0-0. • APPROVAL OF MINUTES The minutes,of the Planning Commission Meeting of March 28, 1988, were approved as mailed. There being no further business the meeting adjourned at about 5:45 p.m.