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HomeMy WebLinkAbout1988-07-25 Minutes• MINUTES OF A MEETING OF THE FAYETTEVILLE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, July 25, 1988 in the Board of Directors Room of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: J.E. Springborn, Jerry Allred, Ernie Jacks, Julie Nash, B.J. Dow and Fred Hanna MEMBERS ABSENT: Butch Robertson, Gerald Klingaman and Gerald Seiff OTHERS PRESENT: John Merrell, Sam Mabry, Kim Fugitt, Kim Allen Larson, Robert Irwin, Kathleen Randall, Brad Anderson, Greg House, Elaine Cattaneo, Larry Wood, members of the press and others • WAIVER OF THE SUBDIVISION REGULATIONS - LOT SPLIT 111 SAM R MABRY - S OF HWY 16 WEST, E OF 55TH ST & S OF RD -667 The first item of consideration on the agenda was a waiver of the Subdivision Regulations (Lot Split 111) submitted by Sam R. Mabry. Property located south of highway 16 West and east of 55th Street just south of Road 667. Sam Mabry stated that the reason they are wanting to split this off it to be able to give his mother a lot to build on close to his home. The lot will have 100' road frontage and be 200' deep and will be located on the southwest corner of his property. Chairman Jacks asked if anyone in the audience wanted to speak in favor of or in opposition to this. Commissioner Dow asked if the City sign that was put up was in the middle of the property or near where the split will be. Mr. Mabry answered that it was close .to the center of the property. MOTION Commissioner Hanna moved to grant the Lot Split, seconded by Nash. The motion to grant it was passed 6-0-0. SB • • Planning Commission July 25, 1988 Page 2 APPROVAL OF A LARGE SCALE DEVELOPMENT - 3690 FRONT ST MLRRILi—LYNCH BRANCH OFFICE BUILDING - LINDSEY CONST The second item of consideration on the agenda was approval of a Large Scale Development for the Merrill -Lynch Branch Office Building submitted by Lindsey Construction and represented by Fugitt and Associates. Property located east of Front Street and north of Sain Street and zoned C-2, Thoroughfare Commercial. Chairman Jacks advised that this plat did not go before the Subdivision Committee. He asked Kim Fugitt if the additional hydrants the Fire Chief had asked for at the Plat Review meeting had been worked out. Mr. Fugitt answered, yes. Commissioner Nash noted that SWEPCO had commented at the Plat Review meeting that other utility companies might need additional easements. Mr. Fugitt stated that they are planning to provide a utility easement of sorts although it hasn't been required to be dedicated. What they want to do is create another space on the east side of that building which will be the back side to run all of the utilities in. Chairman Jacks asked if the utility companies were all in agreement with that. Mr. Fugitt answered, yes. Commissioner Springborn asked what kind of timing they were looking at. Mr. Fugitt stated that they were looking at breaking ground..as soon as they have approval on this. He noted that they still have to raise the level of this property to get it out of the flood plain. Chairman Jacks advised that it was brought up by one of the other Planning Commissioners that this is called Merrill -Lynch branch office, but there is a lot more to it than that. Mr. Fugitt stated that there were 31,350 square feet and the Merrill -Lynch Branch Office will only occupy about 6,600 ft and the rest of the space will be office lease space. Chairman Jacks asked if they are going to try to hold this to offices only. Mr. Fugitt answered that Merrill -Lynch prefers that it be used for professional type businesses concentrating on offices but if things don't work out they will assess it later on. Commissioner Dow asked if this was a part of the large parcel that is being developed in that area. Mr. Fugitt answered, yes, this was the first chunk out of the pancake. MOTION Commissioner Allred moved to approve the Large Scale Development in accordance with Plat Review comments, seconded by Springborn. The motion to approve passed 6-0-0. • CONDITIONAL USE FOR AN EFFICIENCY APARTMENT IN AN R-1 ZONE KIM ALLEN LARSON - 509 OLIVE STREET • • Planning Commission July 25, 1988 Page 3 The third item of consideration on the agenda was a conditional use request for an efficiency apartment in an R-1, Low Density Residential, zone. Submitted by Kim Allen Larson and located at 509 Olive Street. Chairman Jacks stated that he didn't know if they had the authority to grant a conditional use for two living areas on a single piece of property in an R-1 zone. Commissioner Hanna stated that there are already two, this would be a third living area. Chairman Jacks advised that he looked at the zoning ordinances and he has a question in his mind as to whether they have the authority to grant this. Commissioner Hanna stated that he doesn't see how they could have the authority to do this since a duplex is a conditional use in an R-1 zone. He stated that he didn't think three units would be permissible in any way except by rezoning this property. Chairman Jacks asked the Planning Secretary if the City Attorney had a look at this. The Planning Secretary answered, no, not that she was aware of. Commissioner Dow asked Commissioner Hanna to explain how the three units would be on the lot. Commissioner Hanna stated that there is a single family house, a garage apartment and they are wanting an additional apartment under where the garage is which would add up to three units. • Kim Larson stated that they had apparently looked over the property already so they have a pretty good idea of what is going on there. He stated that they are interested in taking the existing garage which they no longer have access to on Olive Street because it was closed off when the property was subdivided and turning it into an existing efficiency apartment downstairs. He stated that they are not only asking for a conditional use, but they need to ask for a waiver of bulk and area requirements as well. Chairman Jacks explained that he would have to go before the Board of Adjustment to obtain a waiver on bulk and area requirements. Mr. Larson stated that he and Don Bunn went through the books and it appeared that the Planning Commission had authority to decide on these issues as well. Commissioner Hanna stated that as far as the addresses there the garage apartment is evidently 509 Olive Street and the house on the front is 416 Maple Street. He asked if that was all one lot now. Mr. Larson answered, yes. Commissioner Hanna asked if there was an existing apartment upstairs in the garage. Mr. Larson answered, yes. Chairman Jacks asked if they would have access from Olive to this apartment behind. Mr. Larson answered, no, there would not be access from Olive but there has always .been access to the apartment from the alley and there is adequate parking on the alley. There is approximately 2,000 square feet for parking so there is adequate parking for an upstairs and downstairs unit. • Robert Irwin who lives one block east of this proposed apartment stated that he would like to speak against allowing an efficiency apartment at that location. • • • Planning Commission July 25, 1988 Page 4 He stated that he has lived there about seven years and has seen quite a bit of improvement in that neighborhood with a lot of the rental properties becoming homeowners. He stated that he would prefer to avoid having more rental property concentrated in the existing neighborhood. Kathleen Randall of 414 East Maple presented a Commissioners showing how the buildings set on stated that her objections are pretty much the that there is already a nonconforming use there there for a long time and she has some real apartment going in there. map of the area to the Planning the lots and the alley, etc. She Mr. Irwin. She stated apartment that has been worries about another same as with the serious Brad Anderson of 406 East Maple stated that his general feeling is the same as the others. He stated that he has spent a lot of time fixing his house up and once the door is opened for rental property, where is it going to stop. He stated that the 2,000 square feet being available for parking is a misconception, because there is only ample parking for about four cars. If any of them had any company, they would be blocking the alley. Chairman Jacks stated that he is wondering if they have the authority to grant the apartment and also if they have the authority to approve access off the alley. Commissioner Hanna stated that he doesn't think they have the authority to approve the third unit because there is a non -conforming use already that they can't do anything about. He stated that he sympathizedwith. the Larsons, but he thinks this is inappropriate in an R-1 zone. Greg House of 1650 West Cleveland stated that he is building a house just on the other side of the proposed apartment and he also has the property that is adjacent to the house. The property was split up by the same party that Mr. Larson and he both bought from. Therefore, Mr. Larson was well aware that he had no access to the back building when he purchased the property. He stated that his feelings run with the other people that have spoken; he feels that it is an R-1 neighborhood and the neighborhood has had a real influx of improvement and pride and ownership for single families. He is a proponent of having rental units in the proper place, but in this neighborhood he feels that it would set a precedent that would be possibly irreversible. He stated that he felt Mr. Larson should have checked to make sure he was conforming before he got started. Commissioner Springborn stated that after reading the zoning ordinance, he feels that they do not have the authority to approve something like this. He stated that he thinks that the ordinance was drafted in its present state to deter the sort of situation they have here. Mr. Larson stated that most of the people present who oppose this obviously think that they don't have pride in the neighborhood, etc. He stated that they have spent a lot of time, money and energy into this property. • Commissioner Allred stated that he thinks the problem at this point is whether they have the authority to act on this and he doesn't think that they do have. • • • Planning Commission July 25, 1988 Page 5 Commissioner Hanna stated that he didn't think they could give him permission to do this if they wanted to. Commissioner Allred stated that he agreed but at the same time he doesn't want to deny it if they don't have the authority to do that either. Commissioner Dow stated that she agreed with what has been said. She asked what action they should take. Commissioner Hanna said that he would like to ask the Planning Office to present this to the City Attorney to see who has the authority to grant a conditional use for three dwelling units in an R-1 zone. He stated that he thinks that a rezoning is the only way that this could be accomplished. Commissioner Nash stated that Use Unit 8 says that single-family and two-family detached dwelling may be located as appropriate in residential areas to a density of four families per gross acre. She stated that Use Unit 8 is applicable at the Planning Commission's discretion in the R-1 zoning. Chairman Jacks stated that they do have the authority to grant duplexes under certain conditions in an R-1 zone but this would be three units. Chairman Jacks stated that what Commissioner Nash is saying is that the R-1 zone allows development up to four units per acre which really begins to set lot sizes; he stated that he didn't think that gave them the authority to grant something like this. Chairman Nash stated that maybe they should just cease this and go ahead with the rezoning. Commissioner Hanna stated that he thinks that there only recourse is to ask for the property to be rezoned to R-1, Medium Density Residential. MOTION Commissioner Allred moved to table this until they get an opinion from the Planning Office and City Attorney, seconded by Nash. The motion to table passed 6-0-0. Mr. House asked if he would be notified. Chairman Jacks asked the Elaine Cattaneo, the Planning Secretary, who would be notified. She answered that the applicant would be notified. Chairman Jacks advised Mr. House that he could leave his address with the Planning Office and they could notify him also. OTHER BUSINESS MEETING WITH AL RABY, PLANNING CONSULTANT FROM NASHVILLE Chairman Jacks stated that he had a telephone call from Al Raby in Nashville about the all encompassing meeting that is to take place. It has been set for the 9th of August from 10:00 a.m. to 4:00 p.m. He stated that he assumed they would all receive notices of that. • • • Planning Commission July 25, 1988 Page 6 John Merrell, Planning Director, confirmed that the meeting is set for Tuesday, August 9, and all parties will receive an agenda packet just as if it were a regular Planning Commission meeting. He stated that they are waiting on some key information from the consultants right now which will make up most of that packet. 1.5 ACRE REQUIREMENT FOR SEPTIC TANKS Chairman Jacks advised that he had a call from a developer who asked if the Planning Commission could waiver the 1.5 acre requirement for septic tanks which is a requirement of subdivision regulations. He stated that he told the developer that he didn't think they could waiver that. The developer pointed out that the Planning Commissioner had been routinely varying the street light spacing from 300 feet. Chairman Jacks advised that the Subdivision Regulations are really set up for the Planning Commission to interpret rather than vary. However, looking through it they do have the power to vary things called "design standards" which have to do with streets. The septic tank minimum lot size and the street light spacing are back in another section and he thinks that is a fault in the ordinance. He stated that he talked to. Jim McCord about it and he thinks that they can indeed vary street light spacing because it has to do with streets but that they can't vary the minimum lot size for the septic. Commissioner Allred stated that he thought that the Health Department required an 1 1/2 for a septic tank. Chairman Jacks stated that was a new one if it is true. They just require a percolation test as far as he knows. Commissioner Allred stated that he thinks they have changed it. Chairman Jacks asked Larry Wood about their new version of the Subdivision Regulations. Did they talk about structure in the Subdivision Regulations? He stated that he had never seen a copy of the new version after the package was all drawn together. Larry Wood stated that he believes that they moved the variance clause to the very end making it an overall variance as opposed to just a design variance. Chairman Jacks stated that he would be interested in seeing a copy of the new version whenever it is releasable. IMPROVEMENT OF PRESENTING INFORMATION TO THE PLANNING COMMISSION John Merrell, Planning & Management Director, advised that he had been on the job now for about four weeks and is getting used to the ways of operation in City Hall and getting used to people's names, etc. He stated that they would like to do is to improve some of the ways that information is presented to the Planning Commission. For starters what they propose to do (either beginning at the next meeting or the one after that, August 27, at the latest) is to provide a staff report to them with attachments, graphics or whatnot on every item that comes before them regardless of what it is. He referred to that meeting's agenda for example, they would have a staff report for them on items 1,2 and 3 possibly clearing up some of the questions on item 3. He noted that this is one thing 61 • , • • Planning Commission July 25, 1988 Page 7 they would like to do to try to improve their service to the Planning Commission. He asked that the commissioners be thinking of other ways that they can improve the information that is submitted to them and they will consider them and possibly discuss it at the next meeting. Chairman Jacks advised the commissioners that they could call Mr. Merrell even before the meeting. Commissioner Dow asked if that would be a standardized form that they use for the staff report. Mr. Merrell stated that it probably would. He stated that he is accustomed to using a standardized form for the written report itself and attachments which are also standardized forms. For example, they will probably work up something that they will call a data sheet with detailed information on the size of the lot, access, zoning, information on surrounding properties, traffic counts if applicable, and that type of thing. He further stated that he would like to do something to improve the graphics that are submitted to the Planning Commission because he has picked up in a couple of meetings that some of them had a certain amount of difficulty finding the property ever now and then. Chairman Jacks stated that they get a lot of information in the agenda that he finds useless, for example the legal description. Mr. Merrell stated that the legal description would be an example of something in the past that they would have brought with them to the meeting but would not have necessarily put it in the agenda packet. Chairman Jacks stated that he would like .Mr: ..Merrell to really scrutinize what they are getting and narrow it down as much as he can. MINUTES The minutes of the July 11, 1988, meeting were approved as mailed. There being no further business the meeting adjourned about 5:45.