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HomeMy WebLinkAbout1989-02-13 Minutes• • • MINUTES OF A MEETING OF THE FAYETTEVILLE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, February 13, 1989 in the Board of Directors Room of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Jack Cleghorn, J. David Ozment, Jerry Allred, J.B. Springborn, Ernie Jacks, Julie Nash, Gerald Klingaman, Gerald Seiff and Fred Hanna OTHERS PRESENT: John Merrell, Larry Wood, Don Bunn, Elaine Cattaneo, members of the press and others ELECTION OF OFFICERS FOR 1989 Chairman Jacks advised that Commissioner Seiff has chaired that committee and has a report. Commissioner Seiff advised that the nominating committee sends the following slate to the Planning Commission: Commissioner Fred Hanna for Secretary, Commissioner Julie Nash for Vice -Chairman, and Commissioner Ernie Jacks for Chairman. MOTION Commissioner Klingaman moved to approve the slate of Commissioner Fred Hanna for Secretary, Commissioner Julie Nash for Vice -Chairman and Commissioner Ernie Jacks for Chairman by acclamation, seconded by Seiff. The motion to approve passed 9- 0-0. PUBLIC HEARING - REZONING PETITION #89-2 JOE KILGORE - 2807 WHIPPOORWILL LANE The second item on the agenda was consideration of a rezoning petition 1189-2 submitted by Joe Kilgore for Lots 14 & 15 of Glendale Addition located at 2807 Whippoorwill Lane. Request was to rezone from R-1, Low Density Residential to R- 2, Medium Density Residential. John Merrell, City Planning Director, stated that there has been a certain amount of confusion as to what property is involved here. There are two lots that are referenced in the rezoning information. As the map in the agenda packet shows, Lot 14 fronts directly on Whippoorwill Lane and Lot 15, which is a vacant lot, fronts on the corner of Whippoorwill and Crossover Road. Mr. Merrell stated that he spoke with Mr. Kilgore this morning and was told that he is primarily interested in the rezoning of the Lot 15. He added that the study of the Land Use trends in that area (basically around the intersection of Highway 45 and Crossover) which was done a few years ago shows Whippoorwill Lane as the boundary between the Medium Density and Low Density Residential Uses Also, the actual commercial uses are concentrated down around the intersection of Mission and 8 • • Planning Commission February 13, 1989 Page 2 Crossover Road. The staff feels like this is a valid and good plan. One of the staff's concerns that was pointed out in the rezoning petition that was reviewed previously in this area at the Williams Dance Studio is the prospect of spot or strip commercial zoning on Crossover Road. They need to exercise a lot of care in the planning along that highway and staff recommends that this rezoning petition be denied. Joe Kilgore stated that he is wanting to get this rezoned for a 10 children day- care. This is only for Lot 15 and if it passes he would have to try for Lot 14 and it looks like he has a lot of opposition here tonight. Commissioner Seiff asked Mr. Kilgore what he has in mind for Lot 14. Mr. Kilgore stated that he wanted a day-care on Lot 14 and if that is approved, he would keep Lot 14 & 15 together. Otherwise, he will be forced to sell Lot 15 off which would be worth more as R-2, Medium Density Residential property. Winston Simpson who lives in the house adjacent to Lot 14 spoke in opposition of this petition. He stated that there seems to be some lack of clarity in regard to which lot they are referring to, but his request of the Planning Commission would be the same whether it is Lot 14 & 15 or just Lot 15. He requested that they deny the request to rezone to R-2 and he agrees with the staff report that the properties there that are currently zoned R-1 should continue that zoning. Whippoorwill Lane is a reasonable dividing line between the R-2 and the R-1 zoning that has been planned for that area. He added that there are a number of individuals in the audience from that area and they have a petition to submit which contains 43 signatures asking that it not be rezoned because the nature of the existing neighborhood should remain as is. In fact, they think that the restrictions and covenants in the deed may limit the potential for rezoning those two lots for something other than R-1. Roy Clinton stated that since he used to own this subdivision, he feels he needs to speak to protect the people who bought those R-1 lots. Not only is the property across zoned R-2, but it has a 100 foot setback to protect the integrity of everything south of there. Obviously, the intent all along was never to have anything south of that particular street zoned anything but R-1. The Public Hearing was closed and discussion took place among the Planning Commissioners. Commissioner Springborn stated that he would like to endorse the observation by John Merrell that to grant this sort of zoning would indeed represent "classic spot zoning". Commissioner Seiff asked if there is a Conditional Use that allows for a day-care center operation for a certain number of children. Mr. Merrell answered, yes, there is a Conditional Use in the R-1 zoning which would be limited to 10 children. • Planning Commission February 13, 1989 Page 3 NOTION Commissioner Nash moved Springborn. The motion to recommend denial of the rezoning petition, to deny passed 9-0-0. Chairman Jacks advised Mr. Kilgore that he Directors. seconded by can appeal this to the Board of PUBLIC HEARING - REZONING PETITION #89-3 JAMES F MOORE - N OF CARLSBAD TRACE & FRANCISCAN TRAIL The third item on the agenda submitted by James F. Moore and located north of Carlsbad Trace less. Request was to rezone Residential. was consideration of a rezoning petition 1189-3 represented by Mel Milholland for property & Franciscan Trail containing 10 acres more or from A-1, Agricultural to R-1, Low Density John Merrell, City Planning Director, stated that this area was annexed into the City some years ago and has been zoned A-1, Agricultural since that time. The proposal here is to rezone it to R-1, Low Density Residential, to permit the development of a single-family residential subdivision. „The;.property is bordered partially by land on the west and north which is outside the City limits, the land on the other side to the East is zoned R-1. This property is just to the North of the duplex subdivision, Northwest Acres. He advised that the staff recommends that this rezoning be approved. Commissioner Nash asked if this has always been A-1 strictly because that is the holding zone when property is annexed and R-1 would be compatible with the future plan. Mr. Merrell answered, yes. Mel Milholland stated that property is the west 10 acres of the northeast quarter of the northwest corner of Section 12, Township 16 N, Range 31 W. A few months back the east 30 acres of this same 40 -acre tract was rezoned from A-1 to R-1. He advised that there are a couple of developments between Phase I of Northwest Acres and this particular piece of property which are on the agenda tonight for preliminary approval. He added that they feel that this would be compatible and they respectfully request the rezoning. Chairman Jacks asked if anyone else wanted to speak in favor or in opposition to this request. There was no response so the Public Hearing was closed. NOTION Commissioner Seiff moved to recommend approval of the rezoning petition as requested, seconded by Hanna. The motion to approve passed 9-0-0. G Planning Commission February 13, 1989 Page 4 PUBLIC HEARING - REZONING PETITION #89-4 BRYAN ABERNATHY, N.D. - S OF E HUNTSVILLE, W OF HAPPY HOLLOW The fourth item on the agenda was consideration of rezoning petition 1189-4 submitted by Bryan Abernathy, M.D. for property located south of East Huntsville Road and west of Happy Hollow Road in the 1600 block of Huntsville Road containing 8.11 acres. Request was to rezone from R-1, Low Density Residential to R-0, Residential -Office. John Merrell, City Planning Director, stated that Dr. Abernathy has told the staff that at the present, he proposes to construct a Doctors Clinic building on this property. He advised that staff has taken a look at this and feel that it would be a good thing for the area. There are a couple of businesses including a small service station and another automotive related business in the immediate vicinity plus the commercial development at the intersection of 15th Street and Huntsville Road. He added that one concern that he has personally had in becoming familiar with Fayetteville after having moved here about 6 months ago is the basic condition of development along Huntsville from Rock Street all the way east to that intersection. He stated that he is excited to see someone coming in and making this type of investment in this area and staff does recommend the approval of the rezoning. Chairman Jacks stated that since this is a fairly large piece of property for an office, he assumes that Mr. Merrell would be in favor_of.-additional offices and anything else permitted in the R-0 zone. Mr. Merrell stated that his understanding is that if the rezoning is approved, the immediate plan is to construct a clinic and given the size of the property future development might occur at some point down the road. Dr. Bryan Abernathy stated that he has been in practice in the southeast part of Fayetteville for three and one-half years. He noted that he presently has a family practice in a building on Ray Street, east of East Gate Shopping Center and he sees patients in a 50 mile radius. Basically, what has happened is that he has run out of room at his present location and he needs to expand and plans at some point to bring other physicians to the area He stated that he also foresees the possible need for perhaps a dentist, pharmacy or related medical personnel in that area in the future. However, his immediate concern is for a place to practice medicine. Chairman Jacks asked Dr. Abernathy if he was the present owner of the property. Dr. Abernathy answered, no, the owner is Jack Hall and he would be buying the north most 5 acres of the 8.11 acres. Chairman Jacks advised that they can legally act only on a petition from the owner. He asked Elaine Cattaneo, City Planning Secretary, if the legal owner had submitted the petition. Ms. Cattaneo answered, yes, the owner had signed the application. Chairman Jacks asked if anyone else would like to speak in favor or in opposition of the rezoning request. There being no response, the Public Hearing was closed. 10 • • • Planning Commission February 13, 1989 Page 5 NOTION Commissioner Ozment moved submitted, seconded by Nash. PUBLIC HEARING KENMONS WILSON to recommend approval of the rezoning petition as The motion passed 9-0-0. - REZONING PETITION #89-5 - ALONG W SIDE OF SHILOH DR, S OF DOROTHY JEANNE The fifth item submitted by Engineers for Dorothy Jeanne Medium Density on the agenda was consideration Kemmons Wilson and represented property located along the west Street containing 6.3 acres The Residential, to C-2, Thoroughfare of a rezoning petition 1189-5 by Ery Wimberly of Northwest side of Shiloh Drive, south of request was to rezone from R-2, Commercial. John Merrell, City Planning Director, stated that the proposal here was to construct a major new hotel on the property together with a proposed new shopping center. He added that the commissioners that were on board last year might recall that a similar request of this nature came through the City back in September as a Large Scale Development which was approved by the Commission with a 7-1 vote. However, they have a new and different proposal primarily with the shopping center being the major change. He advised that it is the staff's understanding is that the proposal is to construct a 5 storyhotel with 236 rooms total. He added that they aren't sure as to the nature of the shopping center such as the amount of square footage, however, it would be a retail facility. He added that his staff tried to make it clear in their report that they do feel that this is basically commercial property and that construction of the hotel and shopping center will be a real boost for the tax base of the City. It would also provide new employment, but they do have some concerns particularly related to traffic and although staff supports the concept of the rezoning, they would like a little more time to meet with Mr. Wimberly and representatives of the Wilson Company to discuss some of their concerns related to traffic (particularly the intersection of Shiloh and Highway 16 West). He advised that it is the staff's recommendation that the decision on this rezoning be postponed to allow time for that, but they do recognize that the Planning Commission has the option to recommend the rezoning of the property. Commissioner Springborn stated that in his opinion this represents something of a major decision that they are looking at here. He asked Mr. Merrell if there is any prospect for getting the new Land Use Plan to look at before they would have to make a decision on this. Mr. Merrell stated that the consultant has a preliminary draft of this document that they expect to receive any day which is not the final draft to go to public hearings, but a working copy and they want to propose to the Planning Commission that they have a workshop of the Planning Commission to review it sometime in the month of March for their comments as well • • • Planning Commission February 13, 1989 Page 6 as the staff's comments. He added that he has had some discussions with Mr. Raby related to various interchanges along the Highway 71 Bypass and one thing that he is concerned about is that the City make an effort to reserve land at the four quadrants of these interchanges for major commercial development such as this. He noted that he feels this development conceptually is in line with what the consultants are telling them about the interchange. Commissioner Springborn asked if this proposed development doesn't take place, a C-2 zoning would cover other kinds of commercial enterprise. Mr. Merrell answered, yes. Chairman Jacks stated that there was an article in the newspaper Sunday about the hotel/motel market in this area being so terribly overbuilt at this stage of the game. He added that he isn't sure how that relates to this request except there is something of a question mark about that kind of thing. Commissioner Seiff stated that they need to realize who wrote the article, a competitor. Commissioner Hanna stated that his understanding is that the motel has already been approved so that article in the paper doesn't have any bearing on what they are discussing which is 6 acres for commercial development after the motel is built. He stated that the staff's recommendation is to postpone this for additional time to look at traffic concerns, access, and the proposed buffer zone. He added that he would hope when they speak of traffic concerns, they are talking about the possibility of putting stop lights at the two intersections on either side of the bypass like there are at the intersection of Highway 62 West plus opening the frontage road to the north. Mr. Merrell stated that those items Commissioner Hanna is referring to are exactly two examples of items they are talking about. He noted that since they are talking about the possibility of a shopping center as well as the hotel now and it obviously will generate additional traffic in that area , it needs to be studied in addition to the other traffic problems in that area. Commissioner Nash stated that it is fine with her to go ahead and postpone it but there is a question that keeps cropping up. She clarified that it is her understanding that when they are dealing with a rezoning, they are not even supposed to ask what is being built, about traffic, if there is an need or anything else. They are strictly supposed to decide if that land is compatible for that particular rezoning. She asked if that was correct. Mr. Merrell answered, yes, that is a good point. He noted that in his formal job in Virginia, the staff and the Planning Commission had a little bit more latitude to look into factors beyond the pure sense of whether the land is suitable for commercial zoning. He stated that he has tried to adapt himself to the zoning ordinance here. The reason that staff has varied from that a little bit is simply the magnitude of this particular development in this case. Commissioner Nash asked if there is anything in the City Code that has the Planning Commission take into consideration the areas in need for a particular industry in making a decision. Mr. Merrell stated that in his opinion, that is • • • Planning Commission February 13, 1989 Page 7 addressed only very peripherally if at all in the Zoning Ordinance. Sometimes you will find a municipal zoning ordinance that establishes that as statutory criteria for both the Commission and ultimately the City Council or the Board of Directors to consider. Many times ( Fayetteville is an example) it is something that appointed commissioners and the elected officials need to look at. He stated that staff does not have a market study in hand showing the impacts that this hotel would have on the number of rooms in the City. Sometimes they have to made the assumption that a developer willing to come in and make the investment that would be involved in this kind of development feels like he can make his project go. Chairman Jacks stated that he has always understood that they do have a responsibility to look at the amount of a particular zone to see if more is needed, but not by use. He advised that traffic is always a concern as far as rezonings are concerned. Ery Wimberly stated that they are here for a rezoning not to discuss the Large Scale Development Plan. To clarify, they did run the Large Scale Development Plan for the motel through last fall. Mr. Wilson would like to more fully utilize the 15 acres that he owns there and is planning on using the remainder of this property in a useful manner, but they are not discussing a Large Scale Development Plan for a shopping center today. Mr. Wilson plans to retain a 250' buffer strip which is zoned R-2 to the North between this property and the Giles Addition. Mr. Wimberly stated that he understands that Mr. Merrell would like to study on this longer, but this request was made fourteen years ago and the City has had a lot of time to study it. What is now commercial was rezoned in 1973 and there was a request almost like what they are requesting today in 1974. There are some problems with that intersection which brings them back to the same question of which comes first, the chicken or the egg. The Highway Department won't do anything until it is proven that the demand is there. The City along with the Highway Department needs to work on the traffic in that area. However, what they are discussing now is whether the corner should be developed as a commercial development whether as a hotel, shopping center or whatever. Mr. Wimberly stated that this is a major intersection and it has been the policy of this Planning Commission as well as the Board of Directors in the past to locate commercial developments at the intersections. The limited amount of commercial property at this particular corner is one of the reasons that it has not been developed in the last 14 years. It would be a better plan for the whole intersection to move the hotel a little further north and plan for a shopping center in the future. The demand has to be there, but they need to plan and know that they are going to have the streets in there. A street from the Walnut Grove Subdivision or Salem Road (a collector street) near here was stubbed out back to the east to eventually connect with Dorothy Jeanne. Per City regulations, as development occurs South Shiloh will be opened up all the way to the North. The residents of Giles Addition need another access and it would be nice if that was opened up today. That should not be a restriction to put onto this development which would make them wait until that road is built. • • • Planning Commission February 13, 1989 Page 8 Chairman Jacks advised that this was talked about years ago and as he remembers in all those cases, they were assured that they would have two exits from this site: one onto Highway 16 West and one onto the Bypass. However, that has changed and that has changed their viewpoint of it. Mr. Wimberly stated that when the accesses came up in 1974, Mr. Bowen went back and bought another 150' to the West to provide for that access to Highway 16. At that time, the Bypass was a two-lane road with no interchange and everybody thought that would take care of it. In the minutes of that meeting the fact was brought up that there was enough right-of-way there for a four -lane road. Then when the Highway Department decided to go ahead and put in the four lanes and build the overpass, they bought additional right-of-way which wiped out the 150' frontage that Mr. Bowen had purchased on Highway 16. After that, he was not able to go back and purchase anymore land to the West to provide another access. Chairman Jacks agreed that Mr. Wimberly was right, but the fact that at this particular time they can only achieve one access gives them a different viewpoint on this. He advised that they need to decide if this property is properly C-2 land although traffic is a concern. Commissioner Allred asked if this hotel is placed farther North, would that gain another ingress/egress to move some of that traffic away from the intersection of Highway 16 & Shiloh Drive going into the hotel. Mr. Wimberly stated that the access will still be by Shiloh Drive, but it will correspondingly move the entrances to the hotel so it will eliminate some of the traffic problem. Chairman Jacks asked if anyone else wanted to speak in favor or in opposition of this petition. Charlotte Smith of 104 Dorothy Jeanne stated a lot of her neighbors would be here tonight but they thought this would be tabled. She noted that their main concern is that they only have one exit from their subdivision and it is very hazardous. The plan is for this hotel to exit onto Shiloh and Shiloh only has one exit onto Highway 16 so it wouldn't matter if it was moved farther to the North, they still have the problem of trying to get out. Also, there is the traffic coming over the bridge, off of the exit ramp, off of Shiloh Drive from the south with the liquor store plus the other traffic on Highway 16 and they can't look all directions at one time. If Dorothy Jeanne was extended over to Walnut Grove, that would give them another option. Commissioner Cleghorn asked Mrs. Smith if she felt that most of the residents in that area have no objection to the rezoning and what they are going to do there. There primary objection is the traffic situation. Mrs. Smith answered, yes. The Public Hearing was closed and discussion took place among the Planning Commissioners. Commissioner Hanna stated that when this came up the last time concerning the • • • Planning Commission February 13, 1989 Page 9 Large Scale Development for the hotel on that triangular-shaped piece of property. He stated that he felt at that time and he still feels that the traffic situation was terrible there. He noted that he does think that they need to plan to have a traffic light at either end of that overpass and possibly put the access road coming into Shiloh Drive rather than directly into Highway 16. He added that he thinks that Shiloh needs to be opened up, but he knows the development has to be done. In view of the planning session that they had with Mr. Raby, the Planning Consultant, at the Continuing Education Center last year, the fact that Fayetteville is going to grow in that direction, the fact that they are going to reposition the hotel rather than try to put it on the triangular- shaped piece to be able to use the property better, he doesn't have anymore objections to it. NOTION Commissioner Hanna moved to recommend the approval of the rezoning petition as requested, seconded by Seiff and followed by discussion. Commissioner Springborn commented that his position, with all due respect to the history of this, they are looking at a current situation and part of that situation is the need for further study of the traffic. He would also like to see all the possible input they can get from the new Land Use PLan. He added that he has some reservation as to whether they need additional C-2 zoning out there. Commissioner Seiff stated that he has concern from an economic viewpoint. He stated that he feels that they should not stand in the way of the project and they need to get the ball rolling and not worry about which comes first. They should start the progress and look for that additional tax base that the City will get from it and have the City move with traffic lights and Shiloh Drive when the time comes. Commissioner Klingaman commented that he thinks they need additional C-2 zoning in that part of town. With all of the R-1 zoning beyond that and such a small service area, people are going to be reluctant perhaps to move into that community without commercial support. More commercial support might make that particular part of the community more viable as a housing area. He noted that he agrees that the traffic situation needs some addressing. The motion to recommend approval passed 8-1-0 with Springborn voting "no". Chairman Jacks stated that he feels that the developer with that traffic situation won't go too far with this project until that traffic situation is straightened out anyhow. CONDITIONAL USE FOR AN ADULT DAY-CARE CENTER IN AN R-2 ZONE JERRY ALLRED - 1225 WOOD AVENUE The sixth item on the agenda was consideration of a Conditional Use request in an iz • • • Planning Commission February 13, 1989 Page 10 R-2, Medium Density Residential zoning for an Adult Day-care Center submitted by Jerry Allred on Behalf of the Area Agency on Aging. Property located at 1225 Wood Avenue (Wood Avenue Baptist Church). Janet Corley, the Director of the Adult Day-care Center, stated that she is representing the Area Agency on Aging. She stated that AAA have made a contract to purchase the church facility on Wood Avenue contingent upon being granted the Conditional Use. She added that the plan is to use the building for office space and an adult day-care center. This is a service that is useful to the community and it will serve southern Fayetteville and southern Washington County. She noted that she believes it will be a small impact on the neighborhood and would not produce a substantial amount of traffic on Wood Avenue. Commissioner Klingaman asked how many people would be served by this. Ms. Corley stated that the day-care center will be licenced for 15 to 20 people over the age of 60. Commissioner Hanna stated that if their demand exceeds the number they can keep, he would hope that they have plans to have room to take care of others. Ms. Corley stated that the maximum number of clients that they would have on any given day in any facility would be 20. If the demand became more than that, they would have a facility elsewhere simply because with the type of clients that they serve. If you get more than 20 in that situation, it is more of an institutionalization which is what they are trying to avoid. Chairman Jacks asked if anyone else wanted to speak in favor or in opposition to this. John Merrell, City Planning Director, commented that in his former job, their planning staff worked with an agency similar to AAA on several facilities of this type and it was their experience that not only do they fill a real need in the community, but that they make a very minimal impact on the surrounding properties. He added that they do wholeheartedly recommend the approval of this Conditional Use. Commissioner Hanna stated that their committee on the elderly suggested that these uses would be coming up asthis one has and he is in favor of it. MOTION Commissioner Hanna moved to grant the Conditional Use as requested, seconded by Nash. The motion to approve passed 8-0-1 with Jerry Allred abstaining. WAIVER OF THE SUBDIVISION REGULATIONS - IAT SPLITS # 1 & 2 MARTHA LINDSAY & SUZANNE FROMHERZ - W SIDE OF S DEAD HORSE MTN RD The seventh item on the agenda was a waiver of the subdivision regulations for Lot Splits lit & 2 submitted by Martha Lindsay & Suzanne Fromherz. Property located on the west side of South Dead Horse Mountain Road in the growth area. Lot Split #1 contains 2.50 acres and #2 contains 3.16 acres leaving 5.25 acres in 13 • Planning Commission February 13, 1989 Page 11 the original tract. Don Bunn, City Engineer, stated that the property does have access to public water on Dead Horse Mountain Road. The two splits create 3 lots all of which are greater than an acre and one half so it would be available for septic tanks on those lots. He added that staff recommends approval of these lot splits. Chairman Jacks stated that the possibility of the one and one-half acre minimum for septic tank not applying outside the City Limits had came up at the last meeting. He added that the best he could find out is that is not true; it does apply in the planning area. Mr. Bunn stated that he had checked with the City Attorney and since it is part of the Subdivision Regulations, the City can enforce the one and one-half acre requirement. Chairman Jacks advised then that the one and one-half acre requirement does apply in the planning area but not in the County itself. The County is locked into simply a favorable perc according to County standards. Martha Lindsay of 3275 Dead Horse Mountain Road stated she didn't have anything to add. • Chairman Jacks asked if anyone else wanted to speak on this request. MOTION Commissioner Nash moved to grant the lot splits, seconded by Allred. The motion passed 9-0-0. • WAIVER OF THE SUBDIVISION REGULATIONS - LOT SPLIT #3 BILL GRAUE - 2635 OLD WIRE ROAD The eighth item on the agenda was a waiver of the subdivision regulations - Lot Split 113 submitted by Bill Graue. Property located at 2637 Old Wire Road and zoned R-1, Low Density Residential with the proposed new lot having .35 acres. Don Bunn, City Engineer, stated that this area has been subject to a couple of splits in the past and our records show three splits of this property already which would make it not subject to a fourth split without the Board of Directors approval. However, after going back and looking at the records, he couldn't find three lot splits since the time limit date for counting lot splits was changed from 1970 to August of 1980. Therefore, there had only been two lot splits on this property since August of 1980 so this would be a third lot split. Mr. Bunn noted that Mr. Graue is also requesting a conditional use for a tandem lot. He stated that the drawing that is attached to the agenda shows that Lot Split 113 is behind another tract. As it stands right now, this split would make part of this lot behind an existing tandem lot to the South and on the drawing he has shown a property line adjustment which is for the purpose of keeping part of • • • Planning Commission February 13, 1989 Page 12 this tandem lot from being behind an existing tandem lot. He advised that a double tandem lot is not allowed by City Ordinances. He noted that staff is recommending approval of both the lot split and the tandem lot conditional use subject to 1) the proposed property line adjustment where the property line between the second split and the property to the west will be moved so that the second split property will go back to the subdivision to the West and 2) access to this tandem lot is made either to the recently submitted Graue Addition directly east of Hilldale Street or that there be a separate access onto Old Wire Road. He stated that Mr. Graue may ask them to allow the use of a common driveway off of Old Wire Road as an exception to the tandem lot requirements. However, the staff is not in favor of a common driveway. Bill Graue of 2667 Old Wire Road stated that he had sold a house on Old Wire Road and he wants to build a house on the land behind it and he would like to use a common driveway off Old Wire Road with his son who has a tandem lot just south of this. He stated that if they can't use a common driveway, then there is a 20' easement that the City asked for to put a sewer line on in the Graue Addition that goes north to Hilldale that he would like to use as access. He noted that the sewer line actually isn't in that 20' easement but in another 8' that the City has taken so the easement is 28' wide. Mr. Bunn advised that Mr. Graue owns the property where the easement is and he could grant an easement for another purpose as long as it doesn't interfere with the sewer line. He noted that the City's easement wouldbe the primary easement and Mr. Graue couldn't grant an easement to do something there that would interfere with the City's use of it as a sewer line easement. However, he would be within his right to grant an access easement even though it may coincide with the sewer easement. Commissioner Hanna clarified then that Mr. Graue could use that easement for a road. Mr. Bunn answered, yes, but it would have to be an easement. Chairman Jacks advised that using this easement for an access appeals to him to keep anymore traffic off of Old Wire Road along there. Commissioner Springborn asked if the easement shown coincides with the northerly access shown on the sketch and as shown does it fit with Mr. Bunn's recommendation. Mr. Graue answered, yes, to both questions. Chairman Jacks asked Mr. Graue if he had any objection to the property line adjustment as recommended. Mr. Graue answered, no MOTION Commissioner Nash moved to grant the lot split subject to the property line adjustment to be handled administratively, seconded by Cleghorn. The motion passed 9-0-0. • • • Planning Commission February 13, 1989 Page 13 CONDITIONAL USE FOR A TANDEM LOT BILL GRAUE - 2635 OLD WIRE ROAD The ninth item on the agenda was consideration of a Conditional Use request for a tandem lot submitted by Bill Graue in conjunction with the Lot Split on property located a 2635 Old Wire Road and zoned R-1, Low Density Residential. MOTION Commissioner Allred moved to grant the conditional use for the tandem lot with the ingress/egress to be on the easement to Hilldale, seconded by Springborn. The motion passed 9-0-0. PULMONARY PLAT OF NORTHWEST ACRES, PHASE II JAMES F. MOORE - N OF FRANCISCAN TRAIL The tenth item on the agenda was the consideration of the preliminary plat of Northwest Acres, Phase II submitted by James F. Moore and represented by Mel Milholland of Milholland Company. Property located north of Franciscan Trail containing 4.2 acres with 16 proposed lots and zoned R-2, Medium Density Residential. Chairman Jacks advised that they haven't had a Subdivision Committee operating yet this year. The Plat Review Comments suggest that a couple of easements were asked for and that seems to be the extent of it. Don Bunn, City Engineer, advised that there are two subdivisions to review tonight that are sort of tied together with both of them located north of the existing Northwest Acres Subdivision. This preliminary plat of Northwest Acres, Phase II appears to meet all of the City subdivision regulations. He stated that the question mainly had to do with tying those streets in and as presented, these subdivisions do not tie together. Both of them will take streets to the North and both will have temporary cul-de-sacs located at the end of the streets. In future phases, it is the plan for those two streets to go together and create a loop. As it stands right now, they will be dead-end streets. The one in this Phase ( the extension of Carlsbad Trace) does meet the distance requirements for a dead-end street. He added that these two phases are planned to be tied together. He noted that staff recommends that Northwest Acres, Phase II be approved. Chairman Jacks asked if the easements that were asked for are shown on the plat. Mr Bunn answered, yes. MOTION Commissioner Hanna moved to approve the preliminary plat subject to Plat Review Comments, seconded by Commissioner Seiff. The motion passed 9-0-0. 15 Planning Commission February 13, 1989 Page 14 PRELB4INARY PLAT OF NORTHWEST ACRES, PHASE III ROLLIN BARNES - N OF CARRIAGE WAY The eleventh item on the agenda was consideration of the preliminary plat of Northwest Acres, Phase III submitted by Rollin Barnes and represented by Mel Milholland of Milholland Company. Property located north of Carriage Way and zoned R-1, Low Density Residential and R-2, Medium Density Residential with 39 proposed lots. Don Bunn, City Engineer, stated that he isn't sure how the interpretation of a dead-end street goes. If you'll notice, in the subdivision Carriage Lane goes off to the North quite a ways and there is a loop back into Carriage Lane which probably makes it not a dead-end street. It loops back in on itself so a waiver on the length of the street is not required. He stated that staff recommends approval of this preliminary plat. MOTION Commissioner Seiff moved to approve the preliminary plat subject to Plat Review comments, seconded by Hanna. The motion passed 9-0-0. CTRER BUSINESS SELLING OF FURNITURE OUT OF A HOME AT 666 CLIFFSIDR DRIVE John Merrell advised that there was an item that was tentatively slated to be on the agenda for this meeting in relation to a Conditional Use for a Home Occupation for the sell of furniture in a house on Cliffside Drive. The situation is that an individual is renting a house and that individual is having furniture hauled in and in turn being distributed to furnish condominiums in Oklahoma. We are not sure as to the pattern of all this transportation. The reason that the matter has been delayed is the more they find out about it the more staff feels that the only way to accommodate the situation is with a rezoning of the property and there is no way staff would recommend the rezoning of this property for that use. He added that they have had a great deal of difficulty finding out the owner of the property. However, they do know who owns it and he has talked to who is managing the property (Margie Moldenhauer - REMAX Realty) today as well as to the City Attorney. There is a possibility of a solution in this in the most painless way and that is the owner from California telling the tenant not to do this in his house. He advised that staff is going to wait a few days and see if that message is accepted by the tenant. If not, they will be dealing with Mr. Jones in the Prosecutor's Office. The Planning Commission will be kept posted on any further developments. A petition signed by the neighborhood has been delivered to the City in the event that this does go to the Planning Commission for some kind of resolution. Also, photographs of the actual delivery of furniture to IG • • • Planning Commission February 13, 1989 Page 15 this house and a copy of advertisements in the Star Shopper newspaper. Chairman Jacks stated that he understands this same individual has done the same thing in other parts of the City. GENERAL PLAN PROJECT UPDATE John Merrell stated that the staff had anticipated some involvement on the General Plan project from the Commission from a fairly major degree beginning in 1989. He advised that Al Raby, the Planning Consultant, has been in touch with them today and last week and they would like to propose a special meeting of the Planning Commission in March for review of a preliminary discussion type document on the General Plan by the staff and the Planning Commission. He advised that this is not the document that they envision as going to Public Hearings for final endorsement. The meeting is set up to be a workshop type meeting so that they can discuss some of the major ideas that Mr. Raby and his colleagues have come up with, some of which evolved from the workshop meeting that took place last summer in the CEC building, others of which the consultants have picked up along the way with their many interviews with entities here in Fayetteville. Mr. Merrell anounced two meeting dates (Wednesday, March 8th anytime or Thursday morning, March 9th) and asked for a consensus from the Commission on which date would be agreeable to them all. There was a consensus that Wednesday, March 8th at 12:00 noon would be agreeable to all the members. Mr. Merrell stated that will probably meet in a room in City Hall to be announced and they do expect delivery of this preliminary report from Mr. Raby by the end of the week and it will be sent out to the Planning Commission in plenty of time for them to have a look at them. Mr. Merrell stated that there are two things that the staff would hope to achieve with this meeting: 1) the staff's input and the Planning Commission's input on the General Plan, Phase I of the project and 2) input on the starting up of Phase II of this project which is going to be the new zoning ordinance, landscaping ordinance, the tree protection ordinance and out of those various growth manage ordinances theoretically to implement the Plan. Chairman Jacks asked if Mr. Raby still doesn't have a contract on this second phase. Mr. Merrell stated that he doesn't have a contract yet but they have a contract that the staff and City Attorney has reviewed and has been approved and will be considered by the Board of Directors at there agenda session Wednesday morning and will be on their agenda Tuesday evening of next week for final approval. This was discussed with the Board during their budget review sessions in December and there were no serious complaints with it at that time. Chairman Jacks asked if this meeting on March 8th will be a discussion of the General Plan overall which is Land Use and whatever goes along with that. Mr. Merrell answered, yes, that is correct. He explained that there is reference in the original contract to the term "General Plan" but some cities will call it a "Land Use Plan", some a "Comprehensive Plan" and some a "Master Plan" so there is • • 1 Planning Commission February 13, 1989 Page 16 a certain amount of confusion on that. He noted that he would like to see that as an item of discussion at this meeting so that they can choose a term that everyone can understand because the scope of services for this project was done such that the product is going to go beyond what most planners would normally consider as the traditional Land Use Plan. Chairman Jacks asked Larry Wood from the Regional Planning Commission what term the Enabling Legislation goes by. Mr. Wood stated that they use "Master Land Use Plan" or "Land Use Plan". T@HPPES The minutes of the meeting of January 23, 1989 were approved as distributed. There being no further business, the meeting was adjourned at 6:30 p.m.