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HomeMy WebLinkAbout1988-05-09 Minutes• A meeting of the in the Board of Mountain Street, MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT MINUTES OF A METING OF THE FAYETTEVILLE PLANNING COMMISSION Fayetteville Planning Commission vas held on Monday, May 9, 1988 Directors Room of the City Administration Building, 113 West Fayetteville, Arkansas. Butch Robertson, B.J. Dow, Jerry Allred, J. E. Springborn, Ernie Jacks, Julie Nash, Gerald Seiff, and Fred Hanna Gerald Klingaman Don Bunn, Larry Wood, Lee Owen, D.M. "Bud" Tomlinson, Elwayne Calloway, Millard Blevins, Marita Lee, Phil Guinn, Roy Rom, J.L. Lancaster, Kennedy Deaver, Al Baltz, Harry Gray, C.W. Combs, Mark Johnson, Mark House, Dave Jorgensen, Mel Milholland, Jim Lindsey, members of the press and others PUBLIC BEARING - REZONING PETITION R88-8 D.M. TOMLINSON & SAM MATHIAS - CORNER OF OLD WIRE & SKILLERN RDS The first item of consideration on the agenda was rezoning petition R88-8 submitted by D.M."Bud" Tomlinson & Sam Mathias. Request was to rezone 9.74 acre tract of land, located at the corner of Old Wire Road and Skillern Road, from A-1 (Agricultural) District to R-1 (Low Density Residential) District. Planning Consultant, Larry Wood, recommended that the Planning Commission consider the change to the R-1 zoning indicating the following: 1) The request is compatible with the General Plan which recommends low density future land use; 2) The surrounding property which is developed is currently single-family; and 3. The public facilities and services are available to serve the proposed development. • Planning Commission May 9, 1988 Page 2 Bud Tomlinson stated that they have asked for a rezoning for this property at the corner of Old Wire Road & Skillern Road and they have a subdivision preliminary plat which they believe would be a good use of the land there. Commissioner Robertson asked Don Bunn if the City has plans to widen that road where the bridge is southwest of this proposed development. Traffic from this would be funneling across this bridge and across highway 265. Don Bunn stated that they have no plans at the present time for widening that bridge. He noted that at one time they thought that bridge was part of the state program for widening bridges but that bridge failed to qualify for that program As of right now, they have no plans to do anything with that bridge. Commissioner Robertson asked if there are any plans to put a light in at that intersection. Mr. Bunn answered, not at the present time. Lee Owen of 3105 Old Wire Road stated that he owns twelve acres across Old Wire Road due west of this proposed project. He stated that he was concerned about how they plan to develop this land. He was told that it would be cut up in lots of approximately 75' x 100'. Mr. Tomlinson stated that 75' x 123' is the basic lot size. Mr. Owen asked if there is a minumum square footage on the housing to control what is built there. Chairman Jacks stated that this would be a matter of subdivision covenants. Mr. Tomlinson stated that they have covenants already drawn up and there will be a 1,400 square foot minumum on the houses. He stated that the financial range was from $68 to $70,000. He stated that he is concerned about whether it is going to be a housing development that will develop houses that are compatible with the neighborhood, but he would be opposed to small houses being jammed up against each other that would devalue the property next to it. Chairman Jacks stated that Mr. Tomlinson meets the city standards with the lot sizes so really the City does get into that. Chairman Jacks advised Mr. Tomlinson that if he had an idea of the general price range and wanted to spell it out, he can but he certainly doesn't have to. Mr. Tomlinson stated that they felt that this proposed development would be compatible. However, as to who is going to live out there, a $70,000 house would not attract those who can't afford to sustain the property and keep in up in good condition. The houses that will be out there will not be detracting to the area. Elwayne Calloway of 3061 Skillern Road asked what the price of these lots is going to be and are they planning to build houses on the lots or sell them to others to build what they want on them. Mr. Tomlinson stated that they reserve that for their decision later on. They haven't made firm decisions on that. Mr. Calloway stated that when he bought out there, he was told there would be three acre lots. He stated that it was just a gentleman's agreement. He said he was very much opposed to building houses out there on 1/4 of acre. Mr. Owen asked how close to a property line is a structure allowed in an R-1 zone. Don Bunn stated that the side setbacks are 8', front setback is 25' and the rear setback is 20'. He stated that this doesn't sound like something that is going to enhance the neighborhood so he wants to go on record as opposing it. He further stated that if they are going to increase the population out there • • • • Planning Commission May..9, 1988• - Page 3 that much, they are certainly going to need a traffic light at the Old Wire Road and Highway 265 intersection. Millard Blevins, who lives on Old Wire Road, stated that when he bought his land, there was a gentleman's agreement that those would be three (3) acre lots. He stated that he has no opposition to one acre or more per lot but he does oppose 34 lots on such a small acreage. He further stated that he doesn't necessarily oppose the rezoning to R-1. Chairman Jacks stated that he would like to explain that they have two requests associated with this piece of property before them. This first request is a zoning request to rezone it to R-1 which is the highest category residential property and the immediate question for the Planning Commission is whether this property is proper for R-1 development. Then later on they have a subdivision development which shows the layout of what they have in mind for that property. Marita Lee of 3200 Itson Road asked what type of development is allowed in the current A-1, Agricultural, zoning district. Larry Wood answered that basically agricultural zoning includes certain agricultural processing uses, single family houses are allowed on 2 acres, and other miscellaneous agricultural uses. Chairman Jacks advised that Use Unit 4 which includes everything from libraries to zoos is also allowed on appeal in that zone. Ms. Lee clarified then that this could be split up into 4 to 5 pieces and still fit into the current zoning. Chairman Jacks advised that they could have houses on much larger lots under the A-1 zoning. She stated that she felt that the character of the neighborhood currently is approximately 3 acres minimum per home. To change the zoning to allow this subdivision development would change the character of the neighborhood. She felt that it is appropriate to ask that the neighborhood character be preserved. She was also concerned about the tremendous amount of traffic that would be funneling onto a road that is already dangerous. Also, she asked what the considerations for sewage were in this proposed subdivision. Don Bunn stated that they would have a sewer line to these lots. Ms. Lee asked how that would affect the neighbors who are currently on septic tanks. Would they be required to hook up to that at some point also. Mr. Bunn stated that if they have direct access to the line, there is an ordinance that would require them to tie on to it. Ms. Lee asked who would be paying for that sewer line being brought out there. Mr. Bunn answered that the developer would pay for it. She stated that she was primarily concerned about the current character of the neighborhood and preserving it. Phil Guinn speaking for Mrs. Howard Guinn of 3090 Old Wire Road stated that this proposed project would be south and east of their property. He stated that they had requested sewer line when they bought out there and were turned down. He stated that he opposes the R-1 zoning due to the density and he would like to maintain the dignity of the neighborhood. Planning Commission May 9, 1988 Page 4 Roy Rom stated that he owns ten acres of land about 1/4 east of this property. He asked for a definition of "low density". Chairman Jacks stated that in the zoning ordinance, low density residential district is described as four families per acre or less. Mr. Ram stated that he definitely was opposed to low density under those conditions. As has already been stated, most of the property owners out there have an acre and a half or more of land. He felt that it would not enhance the value of the properties adjacent to it what -so -ever and it would create an area of high density houses resulting in high density population and increased traffic problems. He opposed the changing of the zoning and would prefer to have it maintain as A-1, Agricultural, with the possibility that residences can be built on this agricultural land with lot sizes of one acre or larger. J.L. Lancaster from Lancaster Lane off of Old Wire Road stated that he is concerned about the increased traffic that this proposed project would create in that area particularly at the intersection of Highway 265 and Old Wire Road where several accidents have taken place. Kennedy Deaver of 3129 Itson Road stated that he concurred with what the other people from out in this area have said. He felt that this project would change the nature of the neighborhood very definitely. He was also concerned about the traffic this would create not only on Old Wire Road, but also on Itson (Skillern) Road. He was not in favor of the proposal. Al Baltz of Skillern Road ( about 1/4 mile east of this proposed project) stated that he agreed with the traffic problem mentioned. There have been several serious accidents on the curve that this property adjoins. He wanted to go on record as opposing this because it is very high density and not the appropriate zoning for this area. Vann Bennett of 3050 Old Wire Road stated that he felt, as was voiced by others, that there will be traffic problems that will be significant and the lot sizes are much smaller than any others in the area therefore, it would not be representative. He felt that it would devalue the surrounding property so he is opposed to the change. Commissioner Robertson stated that he lives out in that area and he understands these people's concerns. There really is a traffic problem there at the intersection of Old Wire Road and Highway 265. He is very dismayed that the City or the Highway Department doesn't have something planned to widen that bridge and road. It doesn't line up well with the road across the highway where the park is. That is a real hazard. By the same token, he stated that he could not oppose the rezoning or the subdivision because it meets all the guidelines of the city ordinances and city codes He is concerned about it, but he can't oppose it. Commissioner Springborn stated that he would like to go on record as supporting what Commissioner Robertson has stated. He felt that the intersection is • • • • • • Planning Commission May 9, 1988 - Page 5 hazardous. He stated that he also supports Commissioner Robertson's view of the affect on the neighborhood but he finds himself in the same position. He stated that it doesn't seem that the ordinance puts them in a position to control such a thing. Commissioner Dow stated that she concurs with that. She advised that the R-1 is the lowest density zoning that the City has. A member of the audience asked if they were saying that any zoning requested in a legal manner has to be granted. Chairman Jacks answered, no. He stated that the question before them is should this property be zoned R-1 which is the lowest density residential property. Commissioner Robertson stated that regardless of whether it is rezoned and regardless of whether the subdivision is approved. He wants to ask the Planning Commission to approve a resolution to the City Board that they look into that intersection and that street and road development out there. Chairman Jacks stated that unfortunately improvements in many cases, if not always, follows development and that is backwards. Commissioner Seiff pointed out that they have that problem in a lot of other areas in the city and the problem obviously is city economics. Commissioner Nash stated that they could debate for quite sometime if approving something like this is good city planning and that is one of the reasons they are here is to plan for the growth of the city. However, as has been pointed out, they do have to follow the city ordinance and what is called the "general plan" which is a long-term plan for land use around the city. She asked Larry Wood if he could expound on his recommendation that this is compatible with the general plan recommendation. In what ways would this rezoning be compatible with aur general plan for land use. Mr. Wood explained that the general plan identifies low density, medium density and high density residential and the zoning ordinance then has three zoning classifications of residential which match what the general plan identifies; low, medium and high. This area which is colored yellow on the general plan map is identified as low density area which matches the R-1 zoning. Then everything else uncolored on the map is Agricultural and generally that is the area outside the city limits. The only residential zone, theoretically, that the general plan would agree with in this case is the R-1 zoning. Chairman Jacks advised also that the general plan or land use plan that Mr. Wood is talking about identifies future uses. He explained that when they get a request for a rezoning, they look to the land use plan to see what is recommended and expected in the future, whatever future is, to guide them in making a decision. That future usage is identified as low and medium density residential use for this general area. The question before them is whether now is the proper time to rezone it or is this something that would happen in the somewhat more distant future. Don Bunn stated that he wanted to clarify the plans in regard to the bridge there at Old Wire Road and Skillern. He stated that there aren't any specific plans to widen that bridge; it's not in the budget this year and he doesn't anticipate it Planning Commission May .9, 1988 Page 6 to be in the budget for next year. It is, however, one of the many projects city wide that is being looked at and they are trying to develop a priority list to go in a package. He stated that he doesn't want to leave the impression that they never plan to do anything about. At the same time, it is not something that is in the budget now and probably not something that would be done next year. Chairman Jacks asked if his guess now is that it is more than a year away. Mr. Bunn answered, yes. However, traffic and traffic counts are things that can change priorities. MOTION Commissioner Hanna moved to grant the rezoning from A-1 (Agricultural) to R-1 ( Low Density Residential) as requested, seconded by Robertson and followed by discussion. Commissioner Springborn stated that this area is heavily wooded and that it sort of blends in with that general intersection out there. He asked Mr. Tomlinson if he contemplated removing all the trees in order to undertake this development. Mr. Tomlinson stated that the City requires that they clear the right-of-way of the street, but he doesn't want to clear any more trees than is necessary. Commissioner Hanna explained that he moved to grant this request because holding agricultural land within the city limits of Fayetteville is not the purpose of the development of the community. He sympathized with the property owners in that area and understands their viewpoint, but he said that is one of the penalties that is paid when you are taken into the city limits. He advised that with an A-1 zone someone could put in an egg farm, chicken farm or pig farm that would probably be more undesirable than a nice development. An R-1 development within the city limits of Fayetteville on land as desirable as this $70,000 to $75,000 homes is just about the most you can hope for. Commissioner Seiff stated that his sentiments were exactly as Commissioner Hanna's. He certainly has the sympathies but would also have to support the motion. The motion to grant the rezoning as requested passed 8-0-0. Chairman Jacks advised that this rezoning request would go on to the Board of Directors with a favorable recommendation from A-1, Agricultural, to R-1, Low Density Residential. A member of the audience asked if there is any difference in the criteria of what the Planning Commission uses and what City Directors do. Chairman Jacks stated that the Planning Commission is called upon to be planners which means to judge this question is it's time right, is it ready for this from a purely planning standpoint. I think the Board would tell you, that they also take into account the "political concerns". Don Bunn advised that this will be on the May 17th Board of Directors meeting agenda. Chairman Jacks advised the members of the audience if they wish to • • • • • • Planning Commission may 9, 1988 Page 7 oppose this at the Board of Directors meeting, they are welcome to do so. The Board makes the final decision; ours is only a recommendation. APPROVAL OF A CONCEPT PLAT - SEQUOYAR COMMONS ADDITION C.W. COMBS - ON THE NORTH SIDE OF HWY 16 E. AT ED EDWARDS ROAD The second item on the agenda was consideration of a concept plat for Sequoyah Commons Addition submitted by C.W. Combs and represented by Harry Gray, Northwest Engineers. Property is approximately 36 acres of land located on the north side of Hwy 16 East at Ed Edwards Road. Part of this land is zoned C-1, Neighborhood Commercial, and the remainder is in the county. Harry Gray stated that there is approximately 36 acres owned by C. W. Combs at the intersection of Highway 16 East and Ed Edwards Road that he is interested in developing into an FHA approved type development with relatively smaller lots and houses. A portion of this property is in the current city limits and zoned C-1, Neighborhood Commercial. The remainder of this property is outside the city limits. In order to develop this and have access to city sewer, the property outside will have to be annexed and then it would have to be rezoned. He stated that they are requesting an R-1.5, Moderate Density Residential, zoning in order to have the smaller lots. With the smaller lots, there would be slightly less than five units per acre What the layout shows now is about 134 lots. He stated that he felt they might have to revise this layout. They probably wouldn't be able to get that many lots there because of the terrain particularly in the northwest corner of the property. Chairman Jacks clarified that what they wanted is an expression from the Planning Commission about the general layout, the density, and the zoning. Mr. Gray stated that it would take at least three months to annex and they have started the proceedings for the annexation. They can't rezone and annex simultaneously. It has to be annexed in as A-1, Agricultural, and then it would have to be rezoned which would require at least another month. At a minimum it would take four months to annex and rezone. Commissioner Dow asked Larry Wood what the general plan is for the abutting city limits. Mr. Wood stated that it would probably be either agricultural or low density residential. Commissioner Dow stated so it would not be R-1.5, moderate density residential. Mr. Gray stated that R-1.5 is new so it would not be shown on the general plan map. Larry Wood advised that he had calls from some of the large property owners in that area and they were concerned about the small lot sizes. Commissioner Seiff asked for an explanation of a concept plat. Chairman Jacks explained that it is in the ordinance to allow an applicant to get the general feeling of the Planning Commission before they go to the expense of engineering for a preliminary plat. Chairman Jacks stated that if they give the developer a favorable reply, he should be able to rely on this as far as the development is 317 Planning Commission May 9, 1988 Page 8 concerned because it is within the ordinances and should be binding. Mark Johnson of Route 5, Mally Wagnon Road, stated that he opposes this because he feels that the lot sizes (60' x 100') are too small and that it would be degrading to his property. He stated that he didn't think that Highway 16 would be able to handle the traffic that this would create or that the school system would be able to handle this. Mark House of 5270 Huntsville Road whose property joins this proposed project to the West stated that lots 1-26 join his property. He asked if there is anything in the City ordinances that would require a privacy fence of some nature between his property and these lots because his yard would be joining the backs of those lots. He also stated that there is a large sewer line on the 12 acres he owns, if this is annexed will the City have the right to condemn that property to go from that subdivision onto his property and hook on to the sewer there. Chairman Jacks stated that there wasn't a screening requirement between R-1.5 and adjacent property. Don Bunn asked Mr. House to clarify what he was asking about condemning the property. Mr. House clarified that it seemed reasonable to grant an easement from his property to serve this proposed project. Mr. Bunn advised that generally the City does not condemn property on the action of the developer. He stated that they would have to negotiate with him for an easement. Theoretically, the City does have the power of imminent domain, but normally they do not get involved in .using those sorts of powers on the action of the developer. Mr. House asked if the City would be there during that development with the inspectors to make sure that it is put in properly. Mr. Bunn answered yes. Commissioner Hanna stated that he feels that there is a definite need for this type of the housing development inside the City of Fayetteville. He stated that he likes this housing concept. However, he would have some problem with granting a R-1.5 zoning without making certain that there wouldn't be duplexes put in there. Single-family homes with 6,000 square foot lots with the type of homes they are proposing would be fine. This would be a 6,000 square foot lot as opposed to an 8,000 square foot lot in any R-1 district with the main difference being a 60' wide lot as opposed to a 70' wide lot. The extra 10' isn't needed if you are going to build $32,000 to $40,000 homes on it. He noted that the neighbors concerns are important. As far as the screening, the Planning Commission does have the power to request that they put up screening in a case like this. Commissioner Dow stated that she is concerned about the density at that location and that they had seen a situation earlier tonight, with the rezoning request, where their hands are tied once it becomes within the City limits. Considering the character of what is out there at the present time, she was opposed to that density. • • • • • • Planning Commission May 9, 1988 Page 9 Chairman favor of Jacks asked Commissioner Dow if she was saying that she would be in R-1 zoning but not R-1.5 zoning. Commissioner Dow answered, Yes, she felt that R-1.5 zoning was pushing it for that location. Harry Gray asked if she felt that way just the general location. Commissioner surrounding area, the neighborhood , and the Fayetteville Public School district. because of the capacity of Highway 16 or Dow answered that it was because of the Highway 16. She asked if it would be in He answered, yes. Commissioner Springborn stated that he, too, was in sympathy with the concept. He stated that he feels that there is a distinct need for that sort of development. He further stated that he would tend to think, at this time, that a development of this kind ought to take place within the present City limits and that they shouldn't reach out and take some land in order to see this sort of concept undertaken. Harry Gray stated that he felt that they would almost have to get out a little ways to explore this R-1.5 zoning. He felt that there would be no doubt that if they come well within the City limits, they would get some pretty strong opposition because it would be heavily developed into R-1. He said if there is going to be an R-1.5 zoning, it is his personal opinion that there isn't a better place for it than out in that area. Also, the sewer is already outside the city limits there. Commissioner Robertson asked if they could accept a Bill of Assurance from the developer that it would be single-family and not duplexes. Chairman Jacks stated that he felt that they could accept a Bill of Assurance anytime that it is offered. Commissioner Hanna advised that if this project was developed, they should probably do it in phases to see how it was going to work. Mr. Gray stated that it almost definitely would have to be phased. He stated that they will have to get an easement to get to the sewer and they might have to talk to Mr. House about it. He stated that he didn't know if the sewer line on Mr. House's property would be adequate because it is only a 6" inch line and it might not handle this development. Chairman Jacks stated that in order to give the developer the direction that the ordinances indicate, they should have a vote with a motion on this. Commissioner Hanna stated that he had thought about the density that Commissioner Dow was concerned about, but this is on a state highway with a 55 mph speed limit well into the city before the speed limit drops down and the traffic can disseminate from Highway 265, 15th Street and 6th Street. He stated that they have the same kind of situation with the other smaller communities around Fayetteville which have the same type of traffic. He felt that the highway would handle it better than if it were put in town on a residential street or one of the older roads. MOTION Planning Commission May 9, 1988 Page 10 Commissioner Hanna moved to approve the concept plat with the comments that they had made to be taken into consideration, seconded by Robertson and followed by discussion. Commissioner Nash asked Harry Gray if when this comes before them again, this area will already have been annexed and they will be requesting a rezoning. Mr. Gray answered that they would have to come back through the Planning Commission with a preliminary plat. Commissioner Robertson commented that what they are trying to accomplish is some low income housing and if they go with R-1 zoning, then they increase the cost of the home therefore he would suggest the R-1.5 zoning. Also, he would like to go on record as saying that he would certainly accept a Bill of Assurance that it would be single-family housing and not duplexes or anything of that nature. Commissioner Hanna stated that he didn't think that this motion would obligate them for rezoning. He stated that Mr. Gray would need to come in 1) with approval to be annexed, 2) with the preliminary plat showing the phases and 3) with the offer of a Bill of Assurance that this would only be single-family homes. Commissioner Nash stated that they can hardly approve the concept because he can't do this concept unless he is given an R-1.5 zoning. Commissioner Hanna stated that he could do the concept with an R-1, but he wouldn't have as many lots. Harry Gray stated that this would be single-family and they have no problem with the Bill of Assurance and the density will not exceed 5 units per acre. The motion to approve this concept plat passed 5-3-0 with Dow, Springborn & Nash voting "no". Chairman Jacks noted that there is some question about this concept plat as can be seen from the commissioners votes. He advised Mr. Gray to take direction from what he had heard here tonight and decide what he wants to do. APPROVAL OF A PRELIMINARY PLAT OF TOWNSHIP SUBDIVISION BILL LAZENBY , SOUTHWEST CORNER OF TOWNSHIP AND OLD WIRE ROADS The third item of consideration on the agenda was the preliminary plat of Township Subdivision submitted by Bill Lazenby and represented by Dave Jorgensen. Property located at the southwest corner of Township Road and Old Wire Road and zoned R-1, Low Density Residential. Commissioner Dow stated that they had discussed at the Subdivision Committee that the City is going to be rebuilding the intersection there and putting in a stoplight. Therefore, the easements had to accommodate for that and it had all worked out. There was some concern regarding the traffic that there presently is • • • • • Planning Commission May 9, 1988 Page 11 on Old Wire Road and there was some discussion about common driveways would cut back on some of that problem, but it was not included in the motion. It was just a point of discussion. Sidewalks will be required on both Old Wire Road and Township and they would probably request a Bill of Assurance on that. It was approved at the Subdivision Committee based on Plat Review minutes and with the point made that they give some contribution to off-site improvements. tShe advised that the off-site improvements is something that probably needs to be discussed. Chairman Jacks stated that off-site improvement, as you know, are sort of up in the air at the moment. The present city ordinance requires their participation on a rational nexus basis. Chairman Jacks stated that he didn't know whether they wanted to get into deciding in detail what that really is or do what they have done lately and accept the developer's concurrence to doing half the street abutting his property unless that is changed by future ordinance. Commissioner improvements Commissioner improvements said to do. Dow stated that they did not stipulate what the off-site would be. She thought it would be a good point to discuss. Nash stated that the main at the Subdivision Committee She noted that the problem she reason that they required off-site is because that is what the ordinance is coming across in this particular subdivision is where it is located. Township has recently been cut through to accommodate the people who live in the eastern side of our town. Therefore, there is more traffic at this intersection; the old part of Township needs to be widened to meet the new part and street lights need to be installed. All of that to me should not be incumbent upon the developer. Because of that, I would be willing to grant a waiver for off-site improvements in this case. Dave Jorgensen stated that they happen to agree with what Commissioner Nash is saying. In fact, they are going to request a waiver of the off-site improvements and a Bill of Assurance on the sidewalks. Mainly for the reasons that Commissioner Nash mentioned; because of the large cost especially at that intersection, the lights and the turning lanes. In addition to that, it was pointed out that no off-site improvements were required on the last two subdivisions that had been done to the south an Old Wire Road and also no off- site improvements were required on the small subdivision on Township to the West. However, there may have not been any off-site improvements required. In addition to that, it is a major collector and there would be very costly improvements at this particular location. Chairman Jacks stated that the ordinance requires off-site improvements on a rational nexus basis which basically meaning in proportion to the use generated there and that it a very difficult thing to define. We have discussed it for a long time and in some cases when we finally made a decision, the Board reverses us on it. I think everybody has become a little disenchanted and Mr. Jorgensen is right in some recent developments we simply haven't discussed it. Commissioner Dow asked if Don Bunn had looked into this. She asked he had found any history in that area that would be enlightening to the Planning Commission. Mr. Bunn stated that he had looked at Hillside Subdivision which was done in 1987, at Valley Subdivision in 1986. Both of those have relatively small Planning Commission May 9, 1988 Page 12 frontages onto Old Wire Road. In the Planning Commission minutes, he could find no reference to off-site improvements for those two subdivisions. The Oak Ridge Park subdivision which is located adjacent to Township Road to the west of this subdivision had no mention of off-site improvements. Although, that is a curbed and guttered street along there. It was already curbed and guttered when this subdivision was put in. Chairman Jacks advised that they had not come to any conclusions after much discussion of this. Some of us, after considerable research, decided the rule is not an equitable way to assess this off-site improvement thing. He stated that he felt, after a good deal of reading and research, that the impact fee approached to it is probably the fairest thing he found and he is hoping that in the new ordinance ( which the planners will be working on if they can get contract with them to redo the zoning ordinance) would include a section on impact fees. It gets fairly complex but at least it seems fair and equitable. The ordinance still requires participation on a rational nexus basis. Commissioner Springborn stated that the conformation of the lots seems a little unusual with an enormous lot on the corner. Was that done to accommodate the existing house. Commissioner Dow answered yes. Commissioner Dow stated that she has some concern about this number of lots going in at that particular location and she would certainly like to encourage them to consider common driveways on the smaller lots. Dave Jorgensen stated that he has mentioned to the developer that this would be a good idea to minimize the access onto Old Wire Road. MOTION Commissioner Robertson moved to approve the subdivision subject to Plat Review Comments, seconded by Seiff and followed by discussion. Chairman Jacks asked if he was not making a statement about off-site improvements in the motion. He stated that if it was not being waived, then he would assume the developer would be responsible for the city ordinances which do require rational nexus participation. Commissioner Dow noted that if the developer wants to put the common driveways in, she believes that they would have to provide a waiver. Don Bunn answered yes because of the requirement that a driveway be set a certain distance (12 1/2 feet) from the property line so if they have common driveways they are right on the property line so it would have to be waived by the Planning Commission. Chairman Jacks stated that he thinks the Planning Commission would be prepared to go some good distance to get some common driveways in there and fewer accesses into either one of these streets. Commissioner Seiff asked why the application and the plan have different number of lots. Dave Jorgensen answered that the original plan did have seven (7) lots and when they found out the improvements that were required at that intersection they had to omit two (2) of the lots so they now have five proposed lots. • • • • Planning Commission May 9, 1988 Page 13 The motion to approve the subdivision preliminary plat passed 8-0-0. Don Bunn asked for clarification. He stated that they didn't say anything about off-site improvements but they are still subject to the ordinance that requires participation based on a rational nexus formula. Chairman Jacks stated that since they were not waived, he would assume the motion would require conformance to the ordinance. Commissioner Nash stated that if the need to get on the next agenda. Chairman Jacks stated that right now city ordinances. developer wants to request a Mr. Jorgensen answered that it has been approved with no t APPROVAL OF PRELIMINARY PLAT OF YORKTOWNE SQUARE, PHASE III WADE BISHOP - NORTH SIDE OF STUBBLEFIELD ROAD waiver do they he wasn't sure. waiver from the The fourth item of consideration on the agenda was the preliminary plat of Yorktowne Square, Phase III submitted by Wade Bishop and represented by Mel Milholland. Property located on the north side of Stubblefield Road, zoned R-1 ( Single Family Residential) with 8.915 acres, more or less, and with 30 proposed lots. Commissioner Dow stated that the motion to approve the preliminary plat was passed at the Subdivision Committee meeting based on Plat Review comments, a waiver of the length of the temporary cul-de-sac, a Bill of Assurance for street improvements which would be the frontage on Stubblefield, City Engineer needs to approve the drainage plans before Phase III is approved, and a waiver of street light location. She asked if there wasn't some question about notification of the adjoining property owners. Mr. Bishop stated that they liked one returned receipt, but he had the receipt from where he had sent the letter and he brought it in. Chairman Jacks asked Mr. Milholland if he understood all this. Mr. Milholland answered yes. Commissioner Seiff stated that his big concern for this entire development is the traffic on Stubblefield Road. He stated that the City was going to do something on Stubblefield Road. He asked Don Bunn where the center line is on Stubblefield Road. Mr. Bunn stated that he thinks the center line is over towards the south side of Stubblefield Road. Chairman Jacks asked how far off the physical center line of the road is. Mr. Milholland stated that on Phase I the center of the right-of-way is within a foot or two of the south edge of the asphalt. On this particular one, 13 feet from the north right-of-way is where the north edge of the asphalt is. The center line of that right-of-way is about 4 feet from the south edge of the asphalt as the plat shows. Don Bunn stated that in order to Sc? Planning Commission May 9, 1988 Page 14 put a curb in the right place on the other phase of this development you would have had to take some of the asphalt out. He stated that there is money in the budget this year to have that work done as well as some drainage there on the East end of Stubblefield Road. There is money in the budget next year to do the construction on Stubblefield Road. Commissioner Seiff asked if the two bridges on Stubblefield Road would be included in the improvements. Commissioner Seiff asked if these improvements will have been made by the end of 1989. Don Bunn stated that he could not give him a commitment but he will say that they do have money in the budget this year that they will expend for construction plans and drainage studies for Stubblefield Road with the ideal that they will put it in next year's budget. The approval of the budget is dependent on the funds we have , other commitments or priorities that may come along. There has been some sentiment expressed by the Board that Stubblefield Road should be widened and improved as soon as possible. Commissioner Seiff noted that in the minutes from June of 1986 of the Board of Directors, Director Johnson rephrased her motion to approve the preliminary plat for phases I & II of this subdivision and to instruct the Planning Commission that before final approval for Phase II is granted another point of ingress and egress be made to an existing street which has been done with Phase III. Mr. Milholland stated that the purpose of bringing Phase III at this time is the results of that meeting. They approved the original preliminary plat for Phase I & Phase II subject to another access being constructed prior to the construction of Phase II. So they have constructed Phase I, Phase III will be constructed next and then Phase II will be constructed next which will loop the two together. Commissioner Seiff asked that there was no stipulation in your opinion from what you can understand from what Director Johnson when she didn't specify when this egress and ingress was to go. Mr. Milholland answered, yes. MOTION Commissioner Dow moved to approve this preliminary plat based on Plat Review comments, waiver of the length of the cul-de-sac, a Bill of Assurance for street improvements, the City Engineer's approval of drainage before Phase III is finished, and a waiver of street light locations; seconded by Hanna. The motion to approve this preliminary plat passed 8-0-0. APPROVAL OF PRELIMINARY PLAT OF CEDAR GROVE ESTATES D.N. TOMLINSON & SAM MATHIAS - CORNER OF OLD WIRE ROAD & SKILLERN ROAD The fifth item of consideration on the agenda was the preliminary plat of Cedar Grove Estates submitted by D.M. "Bud" Tomlinson & Sam Mathias and represented by Mel Milholland. Property located on the northeast corner of the Old Wire Road and Skillern Road intersection, east of Highway 265 and includes 9.74 acres, more or less, with 34 proposed lots. Mr. Milholland stated that he would like to explain that the City Engineer is to approve street designs, storm drainage, water design and associated sewer design. He wanted it to be uryderstood that whenever the Planning Commission approves a • • • • • Planning Commission May 9, 1988 Page 15 plat, it is the City Engineer's responsibility to see that the engineer does design all those items to city standards. Anytime anything is approved, he has to approve all of those things. Commissioner Dow stated that this preliminary plat was approved at the Subdivision Committee based on the successful rezoning which has occurred, subject to Plat Review comments, the waiver of the length of the temporary cul- de-sac which will be at the east end of Heather Way, and notification of the last adjoining property owner. Mr. Tomlinson stated that the new owner of this particular adjoining property had been notified with a signature on the plat. Commissioner Dow noted that off-site improvements had also been discussed in the Plat Review and the Subdivision Committee meeting which would include the widening of their frontage on Old Wire Road. Chairman Jacks asked Mr. Milholland if he understood all of these. He answered, yes. Commissioner Seiff asked if anyone at the review had taken in consideration the length of Renee Court. He stated that he thinks that it exceeds 500'. Commissioner Dow advised that they had waived the length of the temporary cul-de- sac on Heather Way, they should probably include the other one on Renee Court. Commissioner Seiff stated that he felt that it should be included also. Commissioner Dow stated that they had heard a number of the same concerns that had been expressed at this meeting by the neighbors and adjoining property owners in that area at the Subdivision Committee meeting. A member of the audience asked what is planned for the temporary cul-de-sac at the east end of Heather Way. Chairman Jacks stated that they would assume that with future development to the East, that street would be extended to tie into the next north/south road to the east of this property. He stated that they very frequently require temporary cul-de-sacs in these cases. MOTION Commissioner Dow moved to approve this preliminary plat subject to Plat Review comments, and the wavier of the length of the temporary cul-de-sac as well as the length of Renee Court. Chairman Jacks stated that he was unclear on whether they were specific about what off-site improvements are in this case. Commissioner Dow answered that it would be their half of Old Wire Road that abuts this property which would include paving and curb & gutter to city standards. Mr. Milholland stated that these off-site improvements are spelled out on the plat. Chairman Jacks stated that in this case that is spelled out as being our requirement under the rational nexus stipulation. Motion was seconded by Commissioner Springborn. The motion to approve this preliminary plat passed 8-0-0. Planning Commission May 9, 1988 Page 16 APPROVAL OF LARGE SCALE DEVELOPMENT PLAN - LINDSEY MERCANTILE JIM LINDSEY - NORTHWEST CORNER OF THE HWY 265 & HWY 45 INTERSECTION The sixth item of consideration on the agenda was the Large Scale Development Plan of Lindsey Mercantile submitted by Jim Lindsey. Property located on the northwest corner of the Hwy 265 & Hwy 45 intersection and zoned C-1, Neighborhood Commercial. Commissioner Dow stated that this Large Scale Development Plan was approved as submitted at the Subdivision Committee Meeting with very little discussion on it. Chairman Jacks stated that as he understood this would still have to come back before the Planning Commission for ratification or discussion. MOTION Commissioner Dow moved to approve this Large Scale Development Plan as submitted, seconded by Robertson. The motion to approve it passed 8-0-0. APPROVAL OF LARGE SCALE DEVELOPMENT PLAN - KANTZ PLACE SUBDIVISION JIM LINDSEY - SOUTH OF KANTZ DRIVE, WEST OF HWY 265 The seventh item of consideration on the agenda was a Large Scale Development Plan for Kantz Place Subdivision (apartments) submitted by Jim Lindsey. Property located on the south side of Kantz Drive, West of Hwy 265 and zoned R-0, Residential -Office. Commissioner Dow stated that this Large Scale Development Plan had been approved at the Subdivision Committee meeting subject to Plat Review comments, receipt of notification of the adjacent property owner, and that the conditional use is granted in the R-0 zoning. She stated that the adjacent property owner had been notified. MOTION Commissioner Dow moved to approve this Large Scale Development Plan subject to Plat Review comments and the conditional use being granted in the R-0 zoning, seconded by Robertson. The motion to approve passed 8-0-0. CONDITIONAL USE (APARTMENTS) - KANTZ PLACE SUBDIVISION JIM LINDSEY - SOUTH OF KANTZ DRIVE, WEST OF HWY 265 The eighth item on the agenda was consideration of a Conditional Use for approval of apartments in a R-0, Residential -Office, zoning district submitted by Jim Lindsey. Property located on the south side of Kantz Drive, west of Highway 265. • • • • • Planning Commission May 9, 1988 Page 17 Chairman Jacks asked Jim Lindsey if he had any comments to make on this matter. Mr. Lindsey stated that when this area was laid out and subdivided apartments were a right by use in an R-0 zone. After that period of time in certain isolated areas around town, it became a problem and a made it a conditional use and our position was and has remained that this property is now the part that is R-0 is over half being used at this present time for apartment use and our request would be to continue that in the same usage. R-2 is across the street, C-1 is behind the property. The R-2 across the street has two lots that are not used at the present time in that whole curve so it is just a natural continuation of how the original plan was laid out. The plan was to use R-0 at the corner as they come into Highway 265 and Highway 45. But the internal part of the property mostly would be used for apartment use. Since that time the first two complexes were under the right by use, the last two have been under conditional use. MOTION Commissioner Robertson moved to grant the conditional use as requested, seconded by Seiff. The motion to grant this conditional use passed 8-0-0. OTHER BUSINESS Commissioner Dow stated that she is concerned about the P-1 zoning and the problems they run into every time it comes up. She stated that she felt it is inadequate in the way it contains Use Unit 4. She said they had thought at one point that their consultant would be taking this issue and it could be resolved. However it looks as if it is going to be prolonged. She asked if they could discuss this, and take some action. Chairman Jacks asked if she wanted to eliminate Use Unit 4 from the P-1 zoning. Commissioner Dow answered that would be one way to handle it, but the problem with eliminating Use Unit 4 is that it contains churches which is what they are trying to provide for. She stated that she had discussed this with Larry Wood and they decided that one possibility would be to create another Use Unit which contained what they would consider appropriate in the P-1 zone. Then, Use Unit 4 could be moved down to be allowed only by conditional use. Chairman Jacks asked Don Bunn if the Planning Consultant would be making reports here soon. Mr. Bunn stated that the Planning Consultant had reviewed the zoning ordinances and he has obtained a copy of the his report. Chairman Jacks advised that the Planning Consultant was called upon to review the zoning ordinance for compatibility with the other things he is doing in terms of mapping, etc. He asked if there had been any movement on their request to make an amendment to the contract to actually rewrite the zoning ordinance. Mr. Bunn answered that he didn't know. Chairman Jacks stated that he had talked to the City Manager about this and hope that it will be done soon because currently they have no method of rewriting the zoning ordinance. Chairman Jacks advised that it looks like it will take a while for this to take place. He asked if they wanted to go ahead and try to alter the zoning ordinance in such a fashion that would allow P-1 to contain only the kinds of things that are much more taylored toward our Planning Commission May 9, 1988 Page 18 situation. Commissioner Seiff stated that if the Planning Commission recommends to the City Board to change this situation, why can't the City Board then act on it. Chairman Jacks advised that they can; what he was saying is that they have a new planning firm who is mostly doing mapping and etc. and he has made a proposition to the City Manager to have these people also revise the zoning ordinance. He stated that subdivision regulations on the Planning Commission have been done. Nobody at the present time is undertaking the revision of the zoning ordinance and what they need to do is add that as an amendment to his contract. The question is do they wait to see if that is going to happen or do they do something about it now. Commissioner Seiff stated that he thinks that they have to wait. Commissioner Hanna stated that he felt that need to do something about it to be able to give the churches or schools the zoning that they have the use by right in. He felt that they need to include churches, colleges , community centers, schools and leave out such things as the zoos, private clubs and stables. He further stated that the code book states that the P-1, Institutional District, is designed to protect or facilitate the use of property owned by larger public institutions and church related organizations. MOTION Commissioner Dow moved to ask Larry Wood to make a proposal on this and present it to the Planning Commission as soon as possible, seconded by Seiff. Chairman Jacks asked Mr. Wood if he would be able to undertake this in the near future. Mr. Wood stated that he could do it sometime after the next Planning Commission meeting. The motion passed 8-0-0. Commissioner Robertson stated that he would like to offer a resolution to be sent to the City Board that they apply some consideration to the intersection of Highway 265 & Old Wire Road and that bridge. MOTION Commissioner Robertson moved to send a resolution to the Board of Directors that they give some priority to the study and implementation of the engineering at the intersection of Highway 265 & Old Wire Road as well as the bridge there at that location, seconded by Allred. The motion passed 8-0-0. DISCUSSION OF THE BOARD'S RESOLUTION NOT ALLOWING PEOPLE OUTSIDE CITY LIMITS TO BE ON BOARDS AND COMMISSIONS. Commissioner Robertson stated that he would like to discuss the Board's resolution not allowing board and commission members to reside outside the city limits. He stated that he felt that those people outside the city limits • • • • • • Planning Commission May 9, 1988 Page 19 particularly in the planning area deserve some representation on boards and commissions. The Board has taken the posture that no one be allowed to serve on a board or a commission that doesn't reside in the city limits of Fayetteville and he doesn't feel that is appropriate. Commissioner Robertson stated that this is something that they need to discuss and find out if the other commissioners feel the same way and they would need to send a resolution to the Board that they reconsider. Chairman Jacks stated that they would put this discussion item on the next Planning Commission agenda. Chairman Jacks asked Commissioner Robertson to look into that as to what the legal situation is on this right now. Larry Wood stated that he knew nothing in the statute that would prohibit this and he encouraged them to do this because they have extraterritorial jurisdiction. HINUPES The minutes of the meeting of April 25, 1988, were approved as mailed. There being no further business the meeting adjourned about 7:00 p.m.