HomeMy WebLinkAbout1989-06-26 Minutes1 •
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MINUTES OF A MEETING OF THE
FAYEITEVILLE CITY PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission was held on Monday, June 26,
1989 in the Board of Directors Room of the City Administration Building, 113 West
Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Jerry Allred, J.E. Springborn, Gerald Klingaman, Ernie Jacks,
Julie Nash, Jack Cleghorn and Fred Hanna
MEMBERS ABSENT: J. David Ozment, and Gerald Seiff
OTHERS PRESENT: Don Bunn, Becky Schmidt and others
MINUTES
The Minutes of the Planning Commission meeting of June 12, 1989 were approved as
distributed.
FINAL PLAT OF VANTAGE SQUARE, UNIT 2 SUBDIVISION
A. W. Realty - S of Joyce St. and E of Frontage Rd
The second item on the agenda was a final plat for Vantage Square, Unit 2
Subdivision submitted by James Lindsey for A. W. Realty and represented by Tom
Hopper of Crafton, Tull & Associates for property located South of Joyce Street
and East of Frontage Rd. and zoned R-2, Medium Density Residential, R-0,
Residential -Office, and C-2, Thoroughfare Commercial„.P.ropertycontains 107.29
acres with 12 proposed lots.
Don Bunn, City Engineer, stated that there were no significant comments by the
Utilities. One additional 25 foot easement was added along the north side of
Sain St. This final plat includes property along the south side of Joyce St.
only. The staff recommends that this final plat be approved subject to the
execution of a contract with the City insuring the completion of Public
Improvements, Submission of Subdivision covenants, if any, and submission of a
separate Easement plat for Lot 5 with Utility Company signatures for recording at
the Courthouse and Plat Review comments.
Commissioner Springburn asked what potential traffic problems there might be on
this plat.
Mr. Bunn stated that they didn't anticipate any problems being created by this
development.
Commissioner Nash stated that the Subdivision Committee approved this plat based
on 2 Subdivision Committee members review. She further stated that each lot
would come through Planning Commission as a Large Scale Development since each
lot is at least an acre in size. She added that traffic considerations would be
considered more specifically at that time.
Mr. Tom Hopper, representative stated that covenants would be filed with each
property as the need arises and that a Bill of Assurance would be signed for an
easement dedicating public Utility easement on lot 5.
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Planning Commission
June 26, 1989
Page 2
MOTION
Commissioner Nash moved to accept the Final Plat subject to Subdivision, and Plat
Review comments seconded by Hanna. The motion passed 7-0-0.
PRELIMINARY PLAT OF HYLAND PARK, PHASE 6 SUBDIVISION
HYLAND PARK, INC. - E OF HWY 265 AND SE OF ROCK CLIFF RD.
The third item on the agenda was a preliminary plat of Hyland Park, Phase 6
Subdivision submitted by James Lindsey and represented by Tom Hopper of Crafton,
Tull, and Associates for property located East of Hwy 265 and Southeast of Rock
Cliff Rd. and zoned R-1, Low Density Residential containing 22.98 acres and 19
lots.
Mr. Don Bunn, City Engineer stated that this plat was are -submission of Phase 6.
The original was submitted some years ago. he stated that the main changes in
this plat from the original one is the elimination of a street in combination
with the creation of 4 tandem lots, and the smaller lots along Rock Cliff Drive.
The staff recommends approval subject to Plat Review Comments, approval of Water,
Streets, and drainage plans, and submission of Subdivision Covenants, if
different from the first Phases of the Subdivision.
Chairman Jacks asked if the request for Tandem lots were subject to approval at
this time.
Mr. Bunn stated that they are considered at this time, but not treated
separately.
Chairman Jacks asked if the Planning Commission approved this plat would they
also be approving the Tandem Lots.
Mr. Bunn stated that they would be approving it all together.
Commissioner Nash asked if the requirements made by the Subdivision Committee
were completed.
Mr. Tom Hopper, representative, stated that they were completed. Mr. Hopper
further stated that he felt that they have continued with the same general
concept as shown and would like to ask that this plat be approved as a final plat
instead of a preliminary plat.
Commissioner Nash stated that there was a 12 year difference between the original
preliminary plat and the current plat.
Mr.Don Bunn stated that the sewer line was already in place and the utilities had
little comment on the preliminary plat. He felt it would not be a problem to
accept this plat as a final plat.
Commissioner Hanna asked how many lots had been originally planned.
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Planning Commission
June 26, 1989
Page 3
Mr. Hopper stated that he thought there were about 9 lots less.
Commissioner Klingaman asked about access to the tandem lots.
Mr. Hopper stated that they would have to have a drive to each lot.
Chairman Jacks asked if anyone from the audience wished to speak to this item.
Mr. Charles Shoup of 2829 Hyland Park asked about lot access and the tandem lot
locations. He stated that his copy of the notice had not shown the proposed new
lots
Mr. Hopper and Don Bunn showed Mr. Shoup the new proposed lots that surrounded
Mr. Shoup's property. Mr. Shoup then stated that he had no objections to the
plan.
Commissioner Nash stated that there was a problem with the location of the new
Phase 6 due to slope and grade of the land. She felt that there was a problem
with the tandem lots as well. She state that she didn't want to see the City
plan for tandem lots.
MOTION
Commissioner Hanna moved to approve the preliminary plat.with the tandem lots as
a final plat, seconded by Commissioner Allred.
Commissioner Springborn asked if the sidewalks could be put in on this phase.
Mr. Hopper stated that they would be building on hillside so it would make it
difficult to put in the sidewalks.
Chairman Jacks stated that he remembered that the original plat planned to have
common areas made through the woods for the whole Hyland Park area.
Commissioner Springborn stated that you could make the street area wide enough to
include a sidewalk.
Mr. Hopper stated that because of the terrain it would not be conducive to
building sidewalks.
Commissioner Springborn asked if they could amend the sidewalk waiver.
Chairman Jacks stated that he thought they would have to uphold the original
sidewalk waiver.
Commissioner Klingaman stated that generally in that area the terrain had not
been treated very generously. He asked what future plans were in place to help
avoid this problem. He also asked why, couldn't they wait another 6 months or so
until the future plans were in place, since this development had been tabled so
long already.
Planning Commission
June 26, 1989
Page 4
Mr. Hopper stated that they wanted to go ahead with the project immediately and
they were expecting bids in on Thursday.
Commissioner Hanna stated that he agreed with Commissioner Nash, but at this
stage of the game it would be changing the rules on them at the end. The motion
passed 4-3-0.
PRELIMINARY PLAT OF FIESTA PARK, PHASES I, II, & III SUBDIVISION
JOHN BURKART OF BMP DEVELOPERS - BETWEEN DRAKE ST AND APPLEBY RD
The fourth item on the agenda was preliminary plat of Fiesta Park, Phases I, II,
& III Subdivision submitted by John Burkart of BMP Developers and represented by
Harry Gray of Northwest Engineers for property located between Drake St. and
Appleby Rd. and zoned R-2, Medium Density Residential containing 20.62 acres and
120 lots.
Don Bunn, City Engineer stated that originally this
Development, but this new plat is being submitted as a
He stated that this subdivision was also being
Adjustment for a variance of the lot size minimum.
recommendation.
plat was
regular su
submitted
The staff
a Planned Unit
bdivision.
to the Board of
did not make a
Mr. Harry Gray, representative stated that he thought John Merrell would approve
this subject to the Board of Adjustment approval, since.Mr..:Merrell had suggested
that they apply to the Board of Adjustment for the variance, but Mr. Gray hadn't
been able to speak to Mr. Merrell about it.
Chairman Jacks asked if there was any discussion on this item.
Commissioner Hanna stated that he felt it should have gone to the Board of
Adjustment first to see what the Board of Adjustment would say about it. He
wanted to table the item until then.
Mr. Bunn stated that he wouldn't disagree with taking this item to the Board of
Adjustment first, but he felt that the Board of Adjustment needed the Planning
Commission's input more than the Planning Commission needed the Board of
Adjustment's input.
Commissioner Nash stated that this plat was approved by the Subdivision committee
subject to Plat Review, Subdivision Committee and Board of Adjustment Variance
approval.
Mr. Gray, stated that he wished Mr. Merrell could have been there to get his
input since it was his recommendation for this item to go to the Board of
Adjustment.
Chairman Jacks asked if Mr. Gray was ready for questions concerning the plat.
Mr. Gray, stated that they wanted to provide smaller sized lots than was
originally planned.
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Planning Commission
June 26, 1989
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There were 160 lots on 8 acres originally. With this plan, 120 lots is the
maximum they can plan.
Commissioner Jacks asked if the pond would be filled in.
Mr. Gray said yes it would be filled in.
Chairman Jacks stated that he was concerned about living so close. He felt the
apartment idea would have been better and asked why the change.
Mr. Burkart stated that they felt there was a need and a market for this type of
development.
Commissioner Allred asked if there were covenants on the parking.
Mark Marquist of BMP Development, stated that they were trying to build homes the
same quality as $60,000 lots. The target range for these lots would be for
families with a yearly income of $20,000 - 40,000. Any home that doesn't have a
garage will have off-street parking. Some restrictive covenants will apply such
as a maximum of two pets per household, any time a garage or room is added on
they will have to come before the Covenant committee, storage buildings required
for each unit. The main market is directed at single individuals who don't want
large lots.
Commissioner Allred asked what the minimum house size would be.
Mr. Marquist stated that the houses would be 830 sq. ft. to 1100 sq. ft.
including 10 different options for type of carport, garage or off-street parking.
Commissioner Hanna asked if they planned to sell off individual lots.
Mr. Marquist stated that they won't be offering the lots for sale individually
they will be developing all the lots.
Mr. Wade Bishop, 540 Appleby Rd. stated that he was concerned with the size of
lots proposed because they were below the R-2, Medium Density Residential
standard. He felt that 50 foot lots were exceedingly small 20-25% smaller than
the minimum lot size. He felt that if the City allowed this on 2 or 3 lots that
would be one thing, but approval of this would show a callous attitude toward the
effect they have on surrounding properties. He stated that he wanted to remind
them that this access is one of the gateways to the Hospital and Medical Park and
This wouldn't be presentable to passers by. He stated that the restrictive
covenants sounded good, but the City does not accept responsibility for
restrictive covenants. The neighbor would have to pay several thousand dollars
for court costs etc. to respond to covenant violations in his/her neighborhood.
He stated also that his experience has been that this type of housing brings
young, growing families in. He requested that the Planning Commission not grant
this without bringing lots up to the minimum lot size requirement.
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Planning Commission
June 26, 1989
Page 6
Chairman Jacks asked Mr. Bishop how large the lots in the Regency North
Subdivision.
Mr. Bishop stated that each lot is approximately 75' X 130' with 145 lots.
Commissioner Nash asked if we turn this down strictly due to lot size could this
item still go to the Board of Adjustment.
Mr. Bunn stated that he didn't see any reason the Board of Adjustment would
consider it.
Commissioner Nash stated that we need more affordable housing.
Commissioner Hanna agreed, but stated that he thought we need to consider how
it's going to look. He stated that he was going to have to be opposed.
Commissioner Klingaman stated that 50' lots were very crowded and that there
would hardly be room between the two houses to park a boat in the back yard. He
wondered how increasing the lot size by 15% would raise the cost of the lots.
Commissioner Allred stated that he felt if they did this, it wouldn't be treating
the neighbors very good. He stated that he liked the idea, but felt it was the
wrong location.
Chairman Jacks stated that he was opposed to that idea too, he felt that once you
get below the minimum lot size, it would have been better to stay with
apartments.
MOTION
Commissioner Hanna moved to deny the request, seconded by Commissioner Klingaman.
The Motion to deny passed 7-0-0.
LARGE SCALE DEVELOPMENT - HILL MOTOR CO.
HILL MOTOR CO. - E HWY 471 & NW OF MCCONNELL AVE
The fifth item on the agenda was a large scale development for Hill Motor Company
submitted by Sweetser Construction Co. and represented by Al Rukgaber for
property located on the East side of Hwy 471 & the Northwest of McConnell Ave.
zoned C-2, Thoroughfare Commercial containing 3.8 acres.
Don Bunn, City Engineer, stated that the right-of-way of McConnell Ave. dead ends
at the By-pass. They are asking to have that part of the road to be abandoned in
the future. Depending on future development, we may require street improvements
since this business - Used Car lot might change in the future. He stated that
Off-site improvements that are to be done consisted of one-half of McConnell Rd.
from the end of the existing improvements to the south to the north right of way
of Drake St. This is not intended to preclude the requirement to continue
improvements to the north if the development changes in scope or character.
Improvements also include storm drainage along with street improvements.
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Planning Commission
June 26, 1989
Page 7
The staff recommended approval subject to the Plat Review comments and to the
construction of the off-site improvements. A bill of Assurance for off-site
improvements would not be acceptable.
Commissioner Nash agreed with Mr. Bunn and stated that the green area left open
was at least an acre in size so any improvements would be made with the large
scale development application for that piece of property.
Commissioner Hanna asked if this Used Car lot would be fenced at all.
Al Rukgaber, representative stated that the part by the Highway was already
fenced and that they would be adding a chain link fence as well.
MOTION
Commissioner Hanna moved to approve this large scale development subject to Plat
Review; Subdivision Committee and staff recommendations, seconded by Commissioner
Allred. The motion passed 7-0-0.
WAIVER OF THE SUBDIVISION REGULATIONS (LOT SPLIT 1)
JOHN & ALICE COOK - PART OF LOT 15 CLAY YOE SUBDIVISION
The sixth item on the agenda was a waiver of the subdivision regulations (lot
split 1) submitted by John & Alice Cook for 4.66 acres and zoned R-1, Low Density
Residential.
Don Bunn, City Engineer stated that the petitioners asked to withdraw this item
from consideration.
WAIVER OF THE SUBDIVISION REGULATIONS (LOT SPLIT 1)
MS. 0. T. WILLIAMS - 3910 OLD WIRE RD S OF JOYCE ST
The seventh item on the agenda was waiver of the subdivision regulations (lot
split 1) submitted by Ms. 0. T. Williams for 5.00 acres outside the city limits.
Don Bunn, City Engineer, stated that water was available to both parcels off of
Old Wire Rd. There is no sewer available, however, the tracts are large enough
for septic tanks. The staff recommends that a lot split be approved subject to
payment of the parks fee, county approval, and contacting the other Utilities to
determine if easements are required to properly serve the property and the
granting of same.
Chairman Jacks asked if this item was going to be reviewed by the county.
Ms. Williams, applicant stated that she would do whatever they asked in order to
be in compliance with both the City and County.
MOTION
Commissioner Nash moved to grant the lot split subject to the staff
recommendations, seconded by Commissioner Hanna. The motion passed 7-0-0.
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Planning Commission
June 26, 1989
Page 8
OTHER BUSINESS
Chairman Jacks stated that concerning the new land use zoning map, he would like
to see them hold meetings by ward because the people would be more interested in
their own areas. This would be a public meeting, not a hearing. Then they would
circulate the unified zoning & ordinances among the developers in the City for
input and hold a meeting for subdivision ordinance concerns. Then there would be
a public hearing.
Commissioner Nash asked if there would be enough people attending to warrant 4
ward meetings.
Commissioner Jacks stated that in the past at Jefferson and Asbelt there was very
good attendance.
Commissioner Hanna asked if we were going to change any zones.
Commissioner Jacks stated that it was possible. He didn't think many changes
would be made overall.
Commissioner Nash asked if the Planning Commission would be giving its
considerations to the Board of Directors.
Chairman Jacks stated that the Planning Commission would.have a chance to review
the zoning ordinances first.
Commissioner Nash asked if everyone was to attend each ward meeting or if just
say 2 of the commissioners would attend a different ward.
Chairman Jacks stated that he felt that the entire Planning Commission should
attend all the ward meetings because they needed to be as visible as possible to
the public.
Commissioner Nash stated that there would be no Subdivision Committee meeting on
July 5, since the July 4 holiday, wouldn't give them enough time to pick up and
review plats.
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