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HomeMy WebLinkAbout1989-07-24 Minutes• • MINUTES OF A MEETING OF THE FAYEITEVILLE CITY PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, July 24, 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, Jack Cleghorn, Ernie Jacks, Julie Nash and Fred Hanna MEMBERS ABSENT: Gerald Klingaman, J. David Ozment and Gerald Seiff OTHERS PRESENT: John Merrell, Don Bunn, Elaine Cattaneo, Larry Wood, members of the press and others MINUTES The Minutes of the Planning Commission meeting of July 10, 1989 were approved as distributed REHEARING - PUBLIC HEARING OF REZONING PETITION #R88-19 JIM HATFIELD - W SIDE OF LER AVENUE The second item on the agenda was a rehearing of rezoning petition 11R88-19 submitted by Jim Hatfield for property located along the west side of Lee Avenue and containing .81 acres. Request was to rezone from R-1,, Low Density Residential to C-2, Thoroughfare Commercial. Chairman Jacks stated that according to the bylaws, the Planning Commission needs to vote to rehear this petition. MOTION Commissioner Nash moved to rehear the petition #R88-19, seconded by Hanna. The motion passed 6-0-0. John Merrell, City Planning Director, stated that this rezoning request originally came to the Planning Commission last fall and was considered three times. Several issues came into play at that time including surrounding land use, access, the status of Lee Avenue, etc. The Planning Commission ultimately voted to recommend to the City Board that they rezone the property to R-0, Residential -Office. It was then considered by the Board of Directors and Mr. Hatfield requested that the Board table the request. Mr. Merrell explained that when this matter was brought back to the Board of Directors' attention a couple of weeks, Mr. Hatfield had addition information in the form of a letter from the law firm representing the owners of the Consumer s Shopping Center whereby they agreed to allow him access off of their parking lot. The Board went out to this property on Board tour and considered this matter with there decision being to refer this back to the Planning Commission for reconsideration. • • • Planning Commission July 24, 1989 Page 2 Mr. Merrell advised that the staff's original recommendation was an R-0, Residential -Office, rezoning. However, as the staff report reflects, the staff has changed their recommendation to recommend C-2, Thoroughfare Commercial. One reason for that is the surrounding land use; this property is adjacent to several other properties that are zoned C-2 including the shopping center and other properties that are automotive in nature. He added that the staff is in the process of updating the five-year capital improvements plan and are looking at a number of projects all over the City including streets, water, sewer and public facilities. The City is doing the widening of Stubblefield Road now. He noted that the staff has done a lot of field work on this and have an alternative recommendation that they plan to bring to the Board of Directors attention in the updated CIP. It would involve the extending of Stubblefield in a westward direction using much of the right-of-way of Bertha Street all the way to Lee Avenue and through two properties whereby it would connect with North College. Properties would have to be acquired on the west side of Lee Avenue at its intersection with Bertha and the Firestone property. This would provide very good east/west access in this part of town and would provide Mr. Hatfield southern frontage on the southern end of his property. Chairman Jacks stated that he would be very surprised if Stubblefield is ever extended through to College as Mr. Merrell is suggesting. Stubblefield is being used as a collector street and that little residential area there is not set up for a collector to go right through the heart of it. It would be another one of those situations like down on Longview Avenue behind Lewis Ford. Mr. Merrell agreed that this is not an ideal situation, but present situation isn't ideal because as it stands now, they are planning to widen and improve Stubblefield from Old Missouri westward to the Bertha Street area and then the motorist would immediately have to make two right angle turns to get over to North College. Chairman Jacks asked if anyone would like to speak in favor of this proposal. The petitioner, Jim Hatfield, of 2790 Golden Eagle Drive stated that the letter he had submitted from Warner & Smith Attorneys out of Fort Smith dated January 25, 1989 has provided him with permission to face a structure onto the shopping center with a driveway on and off of the shopping center parking lot subject to giving the corner of the property to make it easier to pull on and off of Consumer's parking lot. John Merrell stated that along with the staff's recommendation, they are recommending approval of the rezoning subject to his willingness to provide a Bill of Assurance dedicating that property to the City for right-of-way and a Bill of Assurance dedicating the necessary property on the south side should that street that he mentioned be constructed in that area along the south side of the property. A very rough estimate of the required right-of-way would be 15' to 20'. Chairman Jacks advised that a Bill of Assurance legally has to be offered. He • Planning Commission July 24, 1989 Page 3 asked Mr. Hatfield if he is offering a Bill of Assurance. Mr. Hatfield stated that he is offering a Bill of Assurance on the triangle of property on the north east corner of the property as the drawing and the letter from the attorneys indicate which is approximately 30' of frontage on the parking lot and 40' on Lee Avenue. Chairman Jacks asked Mr. Hatfield if his offer addresses the possible extension of Stubblefield. Mr. Hatfield answered, no. Chairman Jacks asked if anyone else in the audience would like to speak in favor or in opposition of this petition. There being no response, the public hearing was closed. Chairman Jacks stated that there was something that came up in the deliberations here before about this property being smaller than a one acre piece and not having to go through the large scale development. He advised that there is an ordinance which was enacted by the City Board at one time that a developer shall dedicate sufficient right-of-way to bring the street into conformance with any commercial, industrial or multi -family development taking place. If that is true, it doesn't matter what the acreage is. All of this would be done on a "rational nexus" basis. • Commissioner Nash stated that she tends to agree with the staff report which states that there is not much residential left in that nook. • NOTION Commissioner Nash moved to recommend to the Board of Directors that they approve C-2, Thoroughfare Commercial zoning, seconded by Hanna. The motion passed 6- 0-0. APPROVAL OF LARGE SCALE DEVELOPMENT PLAN FOR SHULER AUTOHAUS FRANK SHULER - N SIDE OF SYCAMORE ST, E OF COLLEGE AVE The third item on the agenda was approval of a large scale development plan for Shuler Autohaus submitted by Frank Shuler and located on the north side of Sycamore Street and east of College Avenue. Property is zoned C-2, Thoroughfare Commercial and containing 1.68 acres. Don Bunn, City Engineer, stated that this is an "L" shaped piece of property with the frontage on both Sycamore and North College. None of the utility companies had any problems with service and both water and sewer lines are located either on the property or adjacent to the property. The only problem noted with the development is a large drainage ditch which cuts across the property. They plan to line the ditch and put in a 6' culvert there and he has asked them for some information on flows at that point. The improvements that are planned right now are a small building to be used as an office and a parking lot there for used cars. If the balance of the property which has no development plans on it is developed significantly different than what is shown on the plan, then the staff • Planning Commission July 24, 1989 Page 4 would ask that it go through the large scale development process again. He added that it is the recommendation of the staff that the development be approved subject to the submission of storm water data to shown the sizing that is being proposed is adequate, and the construction of the required sidewalk along North College and a Bill of Assurance for construction of the sidewalk along Sycamore Street. Commissioner Hanna asked if the green spaces that are shown are going to be landscaped now and the trees shown now. Mr. Bunn stated that as far as he knew, that was planned for now. Comnissioner Nash stated that the Subdivision Committee approved this large scale development plan subject to staff's comments although at that time the developer hadn't decided whether to waive the sidewalk requirement so that was not addressed. She noted that they would support what the staff has recommended. MOTION Commissioner Hanna moved to approve the large scale development as presented subject to the staff's comments and Subdivision Committee comments, seconded by Springborn. The motion passed 6-0-0. REVISED PRELIMINARY PLAT OF FIESTA PARK ADDITION • JOHN BURCKART - S SIDE OF APPLEBY RD, N OF DRAKE ST The fourth item on the agenda was the revised preliminary plat of Fiesta Park Addition submitted by John Burckart for BMP Development and represented by Harry Gray of Northwest Engineers. The property is zoned R•2, Medium Density Residential and contains 20.62 acres with 102 proposed lots. Don Bunn, City Engineer, stated that it is the intent to construct single-family homes on 99 of the lots and plans for duplexes on the three lots facing Drake Street. The development will be done in three phases with phase I consisting of 30 lots off the north side of the property, phase II consists of 40 lots on the southwest part of the property and phase III covers the balance of the development. There was a lot of discussion in Plat Review about the required easements and all of that was settled and is reflected on the plat. The water and sewer lines are adequate. The question about tie ins to the 16" water line will be resolved at the time that the final water & sewer plans are submitted. The street that ties into Drake Street has a jog in it which is right in between Barcelona and Villa Blvd. He noted that he has looked at that again since the Subdivision Committee and it is the staff's recommendation that street that ties into Drake be tied in at Villa Blvd to make an intersection at that point. The reason is that even though the Villa and Drake intersection is somewhat dangerous now for cars that are looking north on Villa and wanting to turn left, the sight distance back to the East is not very good (about 5 seconds interval from the time someone sees a car back to the right until the car is at the intersection). Therefore, stopping there and going straight across would be a less dangerous situation than having them turn left across three lanes of traffic and having to slow down and turn back to the right immediately. The developers are in • Planning Commission July 24, 1989 Page 5 agreement with this. Mr. Bunn added that another recommendation is that all the lots that are adjacent to an interior street have access to that interior street. There are several lots, however, that can only access either Drake Street or Appleby. It is the staff's recommendation that the preliminary plat be approved subject to the Plat Review and Subdivision Comments, construction of sidewalks along Drake and Appleby, improvement of one-half of Appleby Road to City standards, approval of the water, sewer, street and drainage plans as submitted and a Bill of Assurance restricting lots 1-99 to single-family homes. John Merrell, City Planning Director, stated that the staff likes this layout a lot better than they did the earlier one and they think that this is a viable location for this type of development. He added that the HUD office is really promoting the concept of "affordable housing" right now. He announced that there is going to be a workshop on "affordable housing" in Fayetteville possibly sometime in early August. It is interesting to note that neither of these proposals has generated that same type of response from the neighborhood that it did when the first project on the apartments came through. He advised that the staff recommends that the Planning Commission approve this project. Commissioner Nash stated that the Subdivision Committee approved this but at the time the streets were not aligned. She added that she would hope that there would be a flashing light at the intersection at some point. Commissioner Nash asked if they had offered a Bill of Assurance for the improvement of Appleby. Mr. Gray stated that they are planning to improve it now. Chairman Jacks stated that the Bill of Assurances have to legally be offered and not required by the Planning Commission. Mr. Gray stated that they have no problems with the staff's recommendations and lining up the streets is no problem. MOTION Commissioner Hanna moved to approve the preliminary plat as submitted subject to the staff and Subdivision Committee's recommendations and comments, seconded by Allred. The motion passed 6-0-0. APPROVAL OF LARGE SCALE DEVELOPMENT PLAN R & P ELECTROPLATING - N SIDE OF PIMP STATION RD, E OF ARMSTRONG AVE The fifth item on the agenda was consideration of a large scale development plan for R & P Electroplati.ng submitted by Chester Dean of Architectural Construction. Property is zoned I-2, Heavy Industrial and contains 5.76 acres. Don Bunn, City Engineer, stated that the development consists of a 20,000 square foot addition on the back side of the existing building. None of the utility • Planning Commission July 24, 1989 Page 6 companies had any problem with serving the addition and no new water and sewer connections are required. The only question was the location of a ramp that was shown encroaching on the water easement, but there has been a revision that shows the ramp located so that it doesn't encroach upon the easement. It is the staff's recommendation that the large scale development plan be approved subject to the relocation of the ramp and notification of the City's Industrial Pretreatment Manager on the proposed expansion. He added that both of these conditions have been met. Commissioner Nash stated that the Subdivision Committee had no problems with this plan. She noted that they did want to get clarification on whether the property owners across the street should be notified. Chairman Jacks stated that this question has came up before. Don Bunn noted that the staff has always taken the position that the property across the street is not adjacent. Chairman Jacks noted that they need to be sure and clear this up in the new ordinance. Mr. Merrell stated that in essence, people across the street are adjoining and he thinks the new ordinance should state that they be notified. MOTION • Commissioner Hanna moved to approve the Large Scale. Development Plan as submitted, seconded by Springborn. The motion passed -6-0-0. OTHER BUSINESS Item #1: Howell Trumbo Driveway Waiver Chairman Jacks announced that they have a request from Howell Trumbo to waive the requirement of the distance between driveways and side property lines on property on Highway 62 West (6th Street). He stated that he thought the information and maps was going to be delivered before this meeting. Mr. Trumbo stated that he had misunderstood. Harry Gray, representative, explained that there is a City ordinance which requires driveways to be located 12' from side property line. They are planning to build a Sonic Drive -Inn at a location on 6th Street just east of the Spot - Not Carwash. The Highway Department is trying to restrict driveways as much as they can across this busy highway. Therefore, they are encouraging the sharing of driveways. The Sonic Drive -Inn is wanting to share a driveway (have a joint driveway) with the property to the east of this which would reduce the total number of entrances on Highway 62. The joint driveway would be at the northeast corner of the Sonic Drive -Inn. • Chairman Jacks asked the Planning Commission if they wished to hear this now. • • • Planning Commission July 24, 1989 Page 7 MOTION Commissioner Allred moved to hear the request at this meeting, seconded by Hanna and followed by a question. Commissioner Springborn asked if the Planning Commission is in a position to hear something about an access to a State Highway. Chairman Jacks stated that Mr. Gray is saying that the State thinks this is a good idea. However, as he understands it, in these cases local curb -cut ordinances take precedence over the State. He noted that Highway 62 is actually a U.S. Highway. The motion to hear this request passed 6-0-0. Commissioner Nash stated that she thought that someone else along that strip is already doing this with a joint drive. Chairman Jacks asked if it is appropriate for the Planning Commission to waive this before they see a large scale development plan. Don Bunn stated that the Sonic property is not large enough for a large scale development, but the property east of it may have to go through the LSD process when it is developed. MOTION Commissioner Hanna moved to waive the setback requirement for the driveway on the east side of this piece of property that the Sonic Drive -Inn is going to build on which will combine the two drives into one, seconded by Allred and followed by a question. Commissioner Nash asked if they are saying that the driveway will have to be 40' wide. Mr. Gray stated that is what the Highway Department requires. The motion passed 6-0-0. Item #2: Chairman Jacks stated that he is concerned that the Planning Commission have sufficient time to go through this thing before they talk about any public meetings, etc. He noted that he had spoken with Al Raby today and was told the material would be to everyone by Wednesday for review. He advised that Planning Commission that they ought to be prepared to talk very specifically at the workshop. He added that he thinks they need an informal meeting other than the workshop with Mr. Raby. Item 113: Chairman Jacks advised that he went to the workshop in Conway the other day and was given a copy of the state laws He noted that he found out a couple of things. First, cities on navigable streams can exercise zoning in the growth area and secondly, the City can require their street standards in the Planning Area if they want to. He added that they had previously understood that streets being the maintenance province of the County, that the County had jurisdiction over roads and the City has had an agreement with the County to require City standards on property contiguous to the City. • Planning Commission July 24, 1989 Page 8 Item #4: Commissioner Nash stated that there has been a lot of controvery over the last couple years about whether the Planning Commission should probably just go by City ordinance and not get into which side is right or wrong regarding opposition. The understanding was that when it comes to the neighborhood objecting to a petition, that is a political question that probably should be handled by the Board. She advised that the former City Attorney didn't differentiate who should get to deny something because of objections. She added that she would like some clarifications on that from the new attorney. Mr. Merrell stated that he hopes the new attorney will be attending the Planning Commission meetings as well as Board of Adjustment meetings. There being no further business, the meeting was adjourned.