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HomeMy WebLinkAbout1988-08-22 MinutesMINUTES OF A NESTING OF THE FAYEITEVILLE CITY PLANNING COMMISSION A meeting of the Fayetteville City Planning Commission was held on Monday, August 22, 1988 in the Board of Directors Room of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: J.B. Springborn, Jerry Allred, Ernie Jacks, B.J. Dow, Butch Robertson, Gerald Seiff, Gerald Klingaman and Fred Hanna MEMBERS ABSENT: Julie Nash OTHERS PRESENT: Wade Williams, Kirk Elsass, Nick Masullo, Albert Skiles, Ery Wimberly, Elaine Cattaneo, Larry Wood, members of the press and others WAIVER OF SCREENING REQUIREMENTS BETWEEN ZONING DISTRICTS WILLIAMS FORD TRACTOR - 2443 SHILOH DR (HWY 71 BYPASS) The first item of consideration on the agenda was a request for a waiver of the screening requirements between zoning districts submitted by Wade Williams of Williams Ford Tractor & Equipment. Property located at 2443 Shiloh Drive (west side of Hwy 71 Bypass). Waiver was requested for property between C-2, Thoroughfare Commercial and R-2, Medium Density Residential districts. Wade Williams of 1390 Wedington Drive, Apt. 9, stated that they wanted to remove the existing screening at their business. He stated that up until recently they had a movement type sensor on the fence which would cause their alarm system to go off with 3 distinct movements of the fence. The problem with the screening on the fence is that the extra weight causes the fence to be less sensitive and to be pulled down which decreased the effectiveness of the alarm. Just recently, the alarm system was removed and a new system was put in. The part of the fence that doesn't require screening has a similar type of alarm on it. He noted that at the present time, they don't have an alarm on most of the fence that is covered by the screening requirement because they were unable to strengthen the fence without removing the screening to enable an alarm to be placed on it. Chairman Jacks asked if they planned to remove the fence. Mr. Williams answered no, just the screening. He noted that they were having a lot of problems with people coming in and vandalizing equipment outside the fence so they had to 70 • • • Planning Commission August 22, 1988 Page 2 extend their fence west and were told they would need to have screening on it. Presently, they are in compliance but they have a problem with the lack of effectiveness of their alarm system which is caused by the screening on the fence. He noted that they want to remove the (screening) vegetation off the fence so they can put an effective alarm system on the fence which would enable the police to see into the lot more effectively to watch for burglars and it would cut down a little bit on the wildlife that sets the alarm off occasionally. Chairman Jacks asked if all the R-2 property to the north is owned by the owner of Williams Ford Tractor. Mr. Williams answered that everything north and west of the property between the business and the road is owned by his father, Donald Williams. Everything that is indicated R-2 and C-2 on the map attached to the agenda is owned by them. Commissioner Dow asked if by statute they are not required to screen against the C-2 but only against the R-2. Chairman Jacks answered yes. Commissioner Seiff asked if the fencing along the bypass is exempted from screening. Chairman Jacks answered that he didn't think they are required to screen between the bypass and their business. Chairman Jacks asked if anyone else wanted to speak in favor or against this request. The public hearing was closed and discussion took place among the Planning Commissioners. Commissioner Springborn stated that due to the ownership outside the property in question there is no problem currently. However, if that R-2 property was sold or developed, it could be a problem. He asked if it is possible that the Planning Commission could waive it so that it could be reinstated in the event that the R-2 property is sold and a problem arises. Mr. Williams stated that his purpose is to be able to protect their property, not to violate an ordinance. He noted that the development of that R-2 property would be almost as effective as removing the screening in protecting their property because there would be less likelihood of people coming in with houses around. At that time, if the Planning Commission saw fit to require them to replace the screening, they would be more than happy to comply with that. Commissioner Dow stated that she thinks for the time being it is a very reasonable request and if they are agreeable to replacing the screening if the need arises there are options such as a privacy type fence that would be suitable for the alarm system. NOTION Commissioner Hanna moved to grant the request to waiver the screening requirements at this property, seconded by Allred. The vote was tied 4-4-0 with Robertson, Allred, Seiff and Hanna voting "yes" and Dow, Springborn, Jacks and Klingaman voting "no" and another motion was made. • Planning Commission August 22, 1988 Page 3 Commissioner Springborn moved to grant the waiver for the screening subject to a stipulation by Mr. Williams that if a problem ever arises, he will put the screening back where it is required, seconded by Klingaman. Chairman Jacks asked if he meant a "problem" to be a neighbor complaining,etc. Commissioner Springborn answered, yes. The motion to grant the waiver passed 8- 0-0. PUBLIC HEARING - REZONING PETITION R88-13 FRANK LYNCH & FRANK KRUPA - N OF OLD FARMINGTON, W OF SHILOH DRIVE The second item of consideration on the agenda was a petition for a rezoning submitted by Frank Lynch & Frank Krupa and represented by Kirk Elsass of Lindsey & Associates. Property located on the north side of Old Farmington Road and along the west side of Shiloh Drive and includes 10 acres. Request was to rezone from R-2, Medium Density Residential, to C-2, Thoroughfare Commercial. Larry Wood, Planning Consultant, recommended to the Planning Commission not to consider this change to C-2, Thoroughfare Commercial district for the following reasons: 1. The request is contrary to the General Plan recommendation that it stay residential; 2. Old Farmington Road and Shiloh Drive do not meet the location guidelines of the General Plan for commercial development; 3. Approval of commercial zoning at the location requested would encourage commercialization of the Bypass service roads which is contrary to their design and function; and 4. Commercial development along the service roads could cause traffic volume problems at the interchanges. Chairman Jacks stated that they had the property on the southwest corner of Old Farmington and Shiloh Drive before the Planning Commission as a request to go to C-2 zoning several times and it was turned down by the Planning Commission and eventually granted by the Board. Kirk Elsass of 2213 Twelve Oaks from Lindsey & Associates stated that he is representing Frank Krupa and Frank Lynch who live out of state. He stated that he has been working with this property for about a year and it has been on the market for awhile. Lindsey & Associates have in the past year attempted to help the owners move that property as R-2 property with no luck. They have had several parties that were interested in that property as commercial property for such things as hotels and restaurants and he felt there would be opposition with these types of businesses. Then he was approached by the Ozark Cooperative Warehouse, which is a business located right behind Jose's Restaurant in Fayetteville, with the idea that they needed some visibility with their main interest being their access to get in and out. He stated that they want to build a warehouse and they do some retail operations also. He noted that they assured 71 • • • Planning Commission August 22, 1988 Page 4 him that they want to keep it as natural surroundings without cutting any trees if possible. He stated that at this point he feels that the rezoning and conditional use for this business locating there would be a benefit for that area. If Highway 62 is going to be a main artery into Fayetteville, this would not be a premature commercial operation in that location. They would maintain it in an very natural state to fit their natural foods products. He stated that they actually have 41 acres for sale but they are wanting to rezone 10 acres which is the south piece of the tract. Commissioner Klingaman asked if the entire 10 acres would be used by Ozark Cooperative Warehouse as one business. Mr. Elsass stated that they are planning to use what they need for their business and not touching the rest of it. Commissioner Dow asked if it abuts Shiloh Drive or the 71 Bypass. Mr. Elsass answered that it abuts Shiloh Drive. Commissioner Dow asked how they plan to access it. Mr. Elsass stated that the property owners have two ingress/egress on to the entire property at the corner of this 10 acres and one on the remaining 30 acres. He noted that they have been in touch with the Highway Department and found out that the access there would suit what they needed off of the frontage road (Shiloh Drive). The idea of using some retail access off of Old Farmington Road has been considered. Nick Masullo, general manager of Ozark Cooperative Warehouse, stated that their business has been in Fayetteville now for 13 years. Their business is expanding and they can't expand in the area where they are located now because of the development of the Art Center. He stated that they currently operate out of three different facilities which are 1) a 15,000 square feet building on Watson, 2) one in the Gregory Center, and 3) one up in Springdale. He noted that they would like to stay in Fayetteville and this site would do well for them. He stated that they have also met with the neighbors in that area and told them what they are planning. He advised that they are primarily a wholesale business and will do about 3 1/2 million dollars of business this year with about 1/4 of that in Arkansas. They have their own fleet of trucks that they lease from Ryder and they do a lot of business out of state. They are looking for good highway access and room to grow for an attractive business that the City of Fayetteville can be proud of. Commissioner Hanna asked what size the proposed building would be there. Mr. Masullo stated that there will be about 25,000 square feet which includes a second story office. He stated that they want to consolidate everything into one place. Albert Skiles, the architect, stated that it is important to note that this is not a manufacturing or industrial process, it is a storage facility with little or no waste generated. He stated that they are looking forward to creating a model facility that utilizes a lot of natural resources with primarily solar heat and ventilated naturally. They are trying to use some real innovative principles here that should be noted. As far as locating this facility in an area that has • Planning Commission August 22, 1988 Page 5 been previously considered residential, it is very benign. There is not a great deal of traffic in and out; both the accesses would not cross any residential. The location is ideal to situation a large facility like this. He noted that they are trying real hard to be an example that others may follow in terms of taking a natural site and making the most out of it for everybody concerned. He stated that they have done a considerable amount of work on this to show that they are real serious about not only following the rules but going one step beyond that for their needs as well as the City's. Commissioner Seiff stated that Mr. Masullo had mentioned that they are primarily a wholesale business and 3/4 of their business is out of state which means their trucks will be coming and going. He asked, other than the wholesale business, what else would they do that the Planning Commission might need to know. Mr. Masullo stated that over the years they have developed a trade where people will call ahead with a wholesale size order and they can come and pick it up at the warehouse which makes up about 15% of their sales. That is not a normal wholesale transaction; it has to be treated as a retail transaction with sales tax collected. He noted that actual walk-in business is about 1% of their sales in dollars. Most of what they do is loading tractor -trailers and sending those out with an average of about 4 trucks a day in and out at their present location. Commissioner Seiff stated that since there are three existing locations they would probably envision more than 4 trucks per day. Mr. Masullo stated that at the other current locations their employees are just, shuttling stuff back and forth, but they would hope that their volume would increase. Albert Skiles added that you wouldn't be able to see this building from the road because of a big forest between it and the highway. The only thing visible from the access road would be the road into it of which there will be two so as to be able to separate the truck traffic from the retail ingress traffic. Commissioner Springborn asked if there were residences to the west of this property. Mr. Masullo stated that there was a wooded area directly west. Chairman Jacks asked if anyone else in the audience would like to speak in favor or in opposition of this. They closed the public hearing and discussion took place among the Commissioners. Commissioner Dow stated that this particular project sounds pretty reasonable for this location, but her concern is when something is zoned commercial it is opened up to future uses. She stated that she agreed with Larry Wood's concerns about the purpose of service roads and traffic problems created by commercial development along those in the future. Chairman Jacks stated that they have a double problem, not only the Bypass stripping question that they have been concerned about, but also they have had a tough time protecting the residential areas down Old Farmington Road. Commissioner Robertson stated that they don't have any place in Fayetteville that • • • Planning Commission August 22, 1988 Page 6 has better access for traffic than Highway 62 and the Bypass intersection. He stated that he can't see why they wouldn't want commercial development with the access right there. He added that he didn't think the traffic problem would be anything to be concerned about. He stated that he also disagreed with not putting commercial on the service road because the service road is two lanes but there is only development on one side. That is like having development on a four -lane road. Chairman Jacks stated that he thinks everyone recognizes the need or the appropriateness of commercial at an intersection like this. The question is the extent; how far does it go and when does it become strip. Commissioner Klingaman stated that he does think that is a fairly reasonable place for some commercial development. What he doesn't want to see is the continual creep of the commercial development up the hill because that is some of the prime hillside development area for residential properties. He noted that at the intersection would be a reasonable kind of location for one of the nodes of commercial development. He stated that the way the property is outlined is to use the north half of the property for their site and speculate on future development of the south half which is the better site for commercial development. He advised that he would favor a split perhaps of the property and only the development of the southern end of it for the warehouse facility but not the entire 10 acres. Commissioner Hanna asked if he is proposing they move the building site from the north end to the south end. Commissioner Klingaman answered yes. Commissioner Springborn stated that he is wholeheartedly in support of the kind of recommendation they got from Larry Wood, the Planning Consultant. However, having looked at this site and listened to the architect, he felt that some consideration ought to be given to making an exception in an instance where someone would like to go in and demonstrate that commercial development can be made compatible with the environment. If it could be done, he thinks that it would be a great example for the City. Commissioner Allred asked Larry Wood what the intent of the service road and the proposed use was when it was installed. Mr. Wood stated that it was to provide access of the adjacent properties. Commissioner Allred noted that as Mr. Elsass has stated, the State has no problem with developing this in commercial. He asked why the Planning Commission has a problem with this if the State doesn't have a problem with it. Chairman Jacks stated that he felt that local concerns take precedence over state concerns. Commissioner Allred stated that it has been his view all along that they need to do some commercial development out there because the demand is there, the need i there and the desire is there. He noted that they had talked about not wanting to strip zone, but it has been stripped zoned as residential. He stated that he would like to know and understand why the Commission had developed this policy. • • • Planning Commission August 22, 1988 Page 7 Chairman Jacks stated that North College would be the best example of a reason why they have that policy. Commissioner Allred advised that if they don't give these people some commercial support, that increases the traffic on North College. Commissioner Hanna stated that he agreed with Commissioner Springborn in that he would like to see a project brought in where they are given consideration to how it is going to look and fit in with full knowledge that there has been a problem with rezoning the property at that particular intersection. He stated that he also felt that the size that was set for commercial development at an intersection was set when the City had a population of 32,000 and now the City is 47,000 and growing so it might need changing. He noted that it seems reasonable to him to expand the commercial area at that intersection. By denying this type of use where it is thought out and they are trying to be considerate, it seems that they are being invited to go somewhere else and put in their facility. A business that does 3 million dollars worth of business in one year does have an impact on the community. He stated that he thinks they deserve their consideration. Commissioner Seiff asked Mr. Masullo how many of his current employees are in Fayetteville now and how many will be in Fayetteville .if they build this operation there. Mr. Masullo stated that they have 24 Fayetteville employees and that will not change immediately. Commissioner Seiff stated so they will maintain the status quo initially. MOTION Commissioner Springborn explained that he would like to make a motion to grant the rezoning request with the understanding that the rezoning is associated with the probability of demonstrating that commercial development can be undertaken compatible with the environment. Chairman Jacks advised him that they have to decide if they want to grant this being rezoned to C-2, not necessarily the way they it is being shown here because once it is zoned they can do what they want to. Commissioner Allred advised after it is rezoned they will have to come back with a Large Scale Development Plan. Commissioner Robertson moved to grant the rezoning request from R-2 to C-2, seconded by Hanna. The motion to grant the rezoning passed 5-3-0 with Dow, Klingaman and Jacks voting "no". CONDITIONAL USE FOR A WAREHOUSE IN C-2, THOROUGHFARE COMMERCIAL FRANK LYNCH & FRANK KRUPA - N OF OLD FARMINGTON RD & W OF SHILOH DRIVE The third item of consideration on the agenda was a conditional use for a • • • Planning Commission August 22, 1988 Page 8 warehouse in C-2, Thoroughfare Commercial submitted by Frank Lynch & Frank Krupa and represented by Kirk Elsass. Property located north of Old Farmington Road and along the west side of Shiloh Drive. Chairman Jacks stated that this conditional use request is associated with the rezoning request that was just considered. Commissioner Klingaman asked if the property located where Highway 112 exits the Highway 71 Bypass was recently rezoned to C-2, Thoroughfare Commercial. Commissioner Robertson answered yes. MOTION Commissioner Allred moved to grant the conditional use, seconded by Seiff. The motion to grant the conditional use passed 8-0-0. APPROVAL OF LARGE SCALE DEVELOPMENT PLAN & PRELIMINARY PLAT FOR NORTH BTUS MEDICAL PARK, PHASE 1 - MRD -USA (BARRY HERZOG) - S OF HWY 71 BYPASS & N OF APPLEBY ROAD The fourth item of consideration on the agenda was a Large Scale Development Plan and a preliminary plat of North Hills Medical Park, Phase I, submitted by MED -USA (Barry Herzog) and represented by Ery Wimberly of Northwest Engineers. Property located south of Highway 71 Bypass and north of Appleby Road and zoned R-0, Residential -Office. Commissioner Dow stated that this plat was approved at the Subdivision Committee meeting subject to Plat Review Comments with a vote of 2-0-1 with Dow abstaining. She noted that the main problems that need to be worked out at this point were the easements. A recommendation was made at the Plat Review for off-site improvements to include half of the street construction on Appleby Road. There was also a variance needed to allow a 28' road versus 31' which wasn't addressed by the Subdivision Committee because they felt that it needed to be approved by the full Planning Commission. Chairman Jacks clarified that Commissioner Dow was recommending approval of this plat with those stipulations. Ery Wimberly of Northwest Engineers stated that he would like to clarify that the off-site improvements would be half of Appleby Road across the frontage of the project He advised that the Master Plan for Phase I of this project has been developed by HKS Architects of Dallas, Texas, for the first group of offices for the project. He stated that they have planned for the main boulevard extending from Appleby Road north to the bypass to eventually be a boulevard with 4 lanes (2 lanes north & 2 lanes south). With the development of the first phase they only want to build half of that. In the final arrangement, they will have two 28' roads (one northbound & one southbound). They don't want it to be so wide that it will encourage parking. 73 • • • Planning Commission August 22, 1988 Page 9 Chairman Jacks asked if discussion had taken place about this thoroughfare being a thoroughfare between the Bypass through the residential area over to College. He asked if it would bring a lot more traffic through the residential area there. Commissioner Dow advised that she had talked to Don Bunn, the City Engineer, and he said that the completion of Appleby Road is on the City's agenda for within a year's time. One of the plans is to make a little bit of a jog out when you get to the entrance to that subdivision so that people will naturally turn on Appleby Road rather than entering the subdivision. Chairman Jacks advised that those people in the residential area deserve as much protection as they can give them. He stated that there would be a fairly straight shot from the Bypass down to Appleby. Mr. Wimberly stated that they tried to put the entrance on to Appleby as far west as possible to discourage traffic shortcuts from the Bypass to Appleby. Also, the overall arrangement shows an off ramp where eastbound coming off the Bypass will either be going to the area of Appleby or they would continue on the Bypass . He stated that they will be building a frontage road and extending it onto the east line of this property. Chairman Jacks asked if this is the only place on the Bypass where there will be development between the service road and the Bypass. Mr. Wimberly answered, the Wal-Mart shopping center on Highway 62 is an example because Old Farmington Road is a service road. He advised that the reason for doing that is from a developer's standpoint it would be better to utilize both sides of the road and it will eventually line up and tie into Millsap Road which currently stubs west from College Avenue. The Highway Department is well aware of the intersection and have approved it as it is shown on the plat and they are proposing a signal light at the intersection of Millsap and College. Chairman Jacks advised that the City is against putting a signal light at that intersection but the State Highway Department is for it. He stated that the Transportation Policy Committee had a meeting last week and this was one subject of discussion. Commissioner Robertson asked if there was not a possibility of lining up and going south across the Younkin's property in the future. Mr. Wimberly answered, yes, he had talked with Mr. Younkin and there is not any indication that he will be shutting down soon but maybe in the future a street might be constructed down the middle of his property which would make a direct connection to Drake Street which is on the Master Street Plan as a Collector Street. He noted that he didn't feel like it would give any better access to this site. The primary access they are looking at is out Gregg Street and then on the frontage road ( Futrall Road) with the eventual connection to Millsap. He stated that this site was chosen to give good access not just to Fayetteville but to all of northwest Arkansas. Commissioner Seiff advised that from the northeast part of town the access would • Planning Commission August 22, 1988 Page 10 most likely be up through Appleby Road. Chairman Jacks asked if anyone in the audience would like to speak in favor or against this proposal. MOTION Robertson moved to approve the preliminary plat as submitted subject to Plat Review Comments and also waive the street widths from 31' down to 28', seconded by Allred and followed by a comment. Commissioner Hanna commented that he plans to vote for this, but he wonders how badly this is needed in Fayetteville at this time. He stated that it will create a lot of traffic along the Bypass like what they were opposed to earlier at the intersection of Highway 62 and the frontage road and Old Farmington Road. This will create a lot of vacate office space in Fayetteville with all these doctors grouped together there. The motion passed 7-0-1 with Dow abstaining. • OTHER BUSINESS • Chairman Jacks advised that there was a meeting of the Fayetteville/Springdale Transportation Policy Committee which he attended and he has asked that this transportation improvement program be copied and passed out to the Planning Commission and they should be in the mail to them this week. He noted that this lays out the Plan for both short term and long-range for streets and highway improvements in this area and specifically in Fayetteville and Springdale. Chairman Jacks stated that they have a letter from the "Citizens Against Herbicides" that has been distributed to them to review. Chairman Jacks stated that he also had received a letter the workshop on Tuesday, August 9th, could not have gone " The level of participation and openness provided direction for the General Plan and development contr appreciation to all the Planners Commissioners for their from Al Raby saying that better. Mr. Raby wrote me with a clear sense of ol. Please express my participation."