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HomeMy WebLinkAbout1990-01-22 Minutes• • MINUTES OF A MEETING OF THE FAYETTEVILLE CITY PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, January 22, 1990 in the Board of Directors Room of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: Jack Cleghorn, Jerry Allred, J.E. Springborn, Ernie Jacks, Joe Tarvin, Gerald Klingaman, Jett Cato and Fred Hanna J. David Ozment OTTERS PRESENT: John Merrell, Don Bunn, Becky Bryant, Elaine Cattaneo, Larry Wood, members of the press and others INTRODUCTION OF NEW PLANNING COMMISSIONERS Chairman Jacks introduced the newly appointed planning commis§ioners,' Joe Tarvin and Jett Cato, and welcomed them. He noted that this is Mr. Tarvin's second appointment and that he was instrumental in the revisions of the Subdivision Regulations three or four years ago. He congratulated Jerry Allred on his reappointment. INTRODUCTION OF NEW ASSOCIATE PLANNER John Merrell introduced the new Associate Planner, Becky Bryant. He advised that the old "Planning Clerk" position was upgraded to an entry level professional position, "Associate Planner". Ms. Bryant received a Bachelors degree in Business Administration and a Masters degree in Urban Regional Planning from the University of Texas. He noted that she has been involved in a number of activities over the last few years including financial counseling, planning and analysis for Dr. Harold Dulan, real estate sales, solar energy reserves and other activities. He stated that Ms. Bryant will be attending the Planning Commission meetings along with him on a regular basis as well as the Subdivision Committee and Plat Review meetings. MINUTES The Minutes of the Planning Commission meeting of January as distributed with the following correction: On Page 3 in "pretension" should be "contention". 8, 1990 were approved Paragraph 1, the word 1 • • • Planning Commission January 22, 1990 Page 2 PUBLIC HEARING - REZONING PETITION R90-1 KRUPA & LYNCH - W OF HWY 71 BYPASS, N 0 OLD FARMINGTON RD The fourth item on the agenda was a rezoning petition R90-1 submitted by Pete Camfield of Realty World on behalf of Frank & Irene Krupa and Frank & Mary Lynch. for property located west of the Hwy 71 Bypass and north of Old Farmington Road containing approximately 28 acres. Request was to rezone from R-2, Medium Density Residential, to C-2, Thoroughfare Commercial. John Merrell, Planning Management Director, stated that the purpose of the rezoning, as the staff understands it, is to allow a business to go into the northern most 10 acres of this property. The business in question is the Biotech Company which is involved in wholesaling and manufacturing. After review, the staff determined that their business would sufficiently fit into the C-2 zoning district. As the staff understands it, Biotech proposes to build a 10,000 square foot building which would employ 10 to 12 people. The business is currently located on Poplar Street. Mr. Merrell advised that the staff has done a lot of research into the zoning history of this particular development. In the last few years there has been a divergence of opinion among the Planning Commission, the staff and the Board of Directors as to what type of development the City would like to encourage along Shiloh Drive (the frontage road along the Hwy 71 Bypass). After considerable thought, the staff is recommending that the rezoning be denied. This property as R-2 represents a buffer between the C-2 rezonings which have been granted to the south and the A-1 property to the north. The staff feels that if this rezoning were granted, it would determine the future of Shiloh Drive because only one piece of property would remain as a non-commercial designation. The result would be a continuous strip of land zoned commercial all along Shiloh Drive. He noted that the purpose of the C-2 rezoning that was approved about a year ago was to accommodate the site of the Ozark Cooperative Warehouse. The Ozark Warehouse people did go to great lengths to assure the City that they would put in a facility that would blend as well as possible with the natural scenery , topography and the existing tree rows in that area. As it turned out the Ozark Cooperative Warehouse did not build a facility there which leaves a big area of C-2 that can be developed with any type of use allowed in the C-2 zoning. He commented that Biotech has indicated that they want to put in a facility that would complement the environmental character of that property. However, the staff feels that the R-2 zoning is a legitimate zoning for that location. Chairman Jacks opened the public hearing and asked if anyone would like to speak in favor of the request. Pete Camfield, representative, stated that they have an offer from the Biotech Company on the northern 10 acres contingent upon a rezoning being approved and he is working on behalf of the sellers who live in the Chicago area to promote the sell of this property. With the fact that the property to the south was recently rezoned C-2, they could see no objection that the property wouldn't fit substantially with C-2 requirements. He noted that they had first thought of 93 • • • Planning Commission January 22, 1990 Page 3 requesting a rezoning for just the northern 10 acres of that property which would probably be satisfactory with the owners. However, they couldn't see why the other 18 acres should not be rezoned also considering it's location on a thoroughfare with the traffic and with commercial property to the South. Dale Benedict, President of the Biotech Company, stated that their business which has been located in Fayetteville for five years has outgrown their present facility. He noted that their business is health which is very close to the environment. Their concern is restoration and maintenance of health so they are interested in blending with the environment and not tearing it up. Their business is manufacturing but not a polluting type of business. It consists of pressing tablets and filling capsules. He further stated that this location is very appealing to them because it would be visible from the Bypass and it would be a healthful environment. They propose to construct the building close to the tree line and blend it with the trees and the terrain. Commissioner Springborn asked Mr. Benedict if he was aware that in spite of his best intentions to construct a very attractive building and undertake an environmentally safe business, anything permitted under C-2 can become his neighbor if this whole tract is rezoned. Mr. Benedict stated that they are proposing to purchase the 10 acres so that they will have some breathing space from the neighboring properties. Commissioner Springborn advised that even if just the 10 acres was rezoned, it would encourage the extension of the C-2 zoning in that area. Mr. Merrell advised that the Commission could make the recommendation that only the northern 10 acres of the property be rezoned to C-2 with the recommendation that the remainder of the property remain R-2. If that did happen, there would be a section of R-2 between two C-2 zonings and it would only be a matter of time before someone would express an interest in rezoning the southern part of the property. He further stated that if the owner where agreeable, a Bill of Assurance could be filed stating that the rezoning be contingent upon Biotech locating on the property and not someone else. Chairman Jacks advised that a Bill of Assurance would have to be offered by the owner. In answer to a question from Commissioner Springborn, Mr. Benedict stated that they had looked at the other C-2 property available in that area and it did not appeal to them. Charles Heathco stated that he isn't really in favor of this petition, but he is in favor of anyone who is interested in keeping trees. He noted that he is not clear on why Shiloh Drive would not be suitable for commercial properties. Chairman Jacks advised that the Planning Commission has operated for years on the principal of commercial nodes without strip commercial. He noted that the entrance to Tulsa is an example with truck stops, etc. that they are trying to stay away from. He added that they have tried to keep the commercial at nodes with some lesser intensive zoning in between. • Planning Commission January 22, 1990 Page 4 Chairman Jacks asked if anyone would like to speak in opposition to this. There being no response the public hearing was closed and discussion took place among the Planning Commission. In answer to a question from Commissioner Allred, Mr. Merrell stated that if a Bill of Assurance was offered that the rezoning would be contingent upon completion of the sell to Biotech, the staff's recommendation would still be negative although the situation would be a lot more palatable to the staff with those assurances. Commissioner Hanna asked if the staff recommendation would be the same even if a Bill of Assurance was offered that if Biotech did not purchase and develop the property for their business, it would revert to R-2. Mr. Merrell answered, yes. In answer to a question from Chairman Jacks, Larry Wood of Northwest Arkansas Regional Planning stated that he thought there was an area farther north from this location that had been dedicated for "High Tech" industrial properties in connection with Al Baby's study, but it was never zoned that way. Commissioner Springborn stated that since the development on the property to the south that was rezoned to C-2 did not materialize, he would like to see this development take place on the existing C-2 and not extend the C-2 farther. MOTION Commissioner Springborn moved to deny the rezoning petition as requested, seconded by Klingaman and followed by discussion. Chairman Jacks advised that his position is that they have worked for years toward the establishment of commercial development at nodes in order to get rid of the consequences of strip zoning. The issue before them has to do with commercial stripping on the Bypass and not to do with Biotech's plans for this particular tract. He noted that this gets to be a sort of land speculation for profit and has little to do with the betterment of Fayetteville. When a property is rezoned, they have to assume that eventually it will be developed with the worst uses allowable within that zone. He commented that he had hoped the Bypass could remain a pleasant entrance and present Fayetteville at its best light. Commissioner Klingaman stated that it looks like commercial zoning in that area would present some real problems because of their usual demand for such large spaces and on that hill there will be another cut and fill situation with large scars on the back property which isn't the kind of image they want on the Bypass. Commissioner Hanna stated that as R-2 if apartments are developed there, there would be the same cutting on the land as commercial would have. Commissioner Klingaman noted that with apartments they could at least be stepped up the hill as opposed to one large area cut. • • • Planning Commission January 22, 1990 Page 5 The motion to deny passed 8-0-0. Chairman Jacks advised that this denial can be appealed to the Board of Directors. He added that regarding the question of a rezoning of only the northern 10 acres with a Bill of Assurance, the Bill of Assurance would have to be offered by the owner of the property and they could present this to the Board. Mr. Merrell advised that the Zoning Ordinance provides 15 days in which an applicant can appeal the Commission's decision to the Board of Directors. WAIVER OF STREET STANDARDS OF THE SUBDIVISION ORDINANCE DEE WRIGHT - COUNTRY CLUB MOUNTAIN, ADJACENT TO COUNTRY CLUB ESTATES The fifth item on the agenda was a waiver of the street standards (width of the street) of the subdivision ordinance submitted by Dee Wright for property located on Country Club Mountain, adjacent to Country Club Estates. Don Bunn, City Engineer, advised that Country Club Estates is an existing subdivision located on Country Club Mountain and was developed around 1970. The streets that exist within the subdivision are approximately 27' wide. The applicant would like to develop some property up there. which .is within the bounds of the old subdivision but not filed along with the final plat. Therefore, it is open land and not subdivided. Within this open land a short distance, there is a street that is 27' wide. The staff's recommendation is that because the existing streets are 27' wide and because the stubouts of the streets into this property are 27' wide, a waiver of the width of the street be granted. Commissioner Hanna clarified that if they grant this waiver, the proposed streets will be built to the same standards as the streets that are already existing in that subdivision. Mr. Bunn advised that the proposed streets would be built to existing standards; the only standard being waived would be the width. The design on the streets would be to the existing standards. In answer to a question from Commissioner Hanna, Mr. Bunn noted that the developers will have to submit a plat to subdivide that property. Chairman Jacks asked if all the existing streets in that subdivision are 27' wide. Mr. Bunn answered, yes. Dee Wright stated that there are no street lights along those streets, although they plan to put street lights up within their subdivision. She asked if it would look unusual to have street lights on two streets out of all the existing streets in that area. Mr. Bunn advised that the staff wouldn't recommend a waiver of the street lights. In answer to a question from Chairman Jacks, Ms. Wright stated that they haven't closed on the property yet so there are three other owners of the property right now. Chairman Jacks advised that they would be interested in the owners signing off on these requests. Ms. Wright advised that the owners have already deeded • • • Planning Commission January 22, 1990 Page 6 their rights to the streets to her. Mr. Bunn advised that when the preliminary subdivision plat was filed, there were certain portions of the land that had been platted. However, when the final plat was filed, these areas were hatched out and not approved as part of the final subdivision. The street right-of-ways were not hatched out so there is a situation where there are streets dedicated out into open land. He noted that he wanted to bring up the point of parking in the street and noted that they should probably put something in the covenants of this subdivision to cover parking on the street since the narrow width might cause a problem. He stated that, generally, the city ordinances allow parking on the street as long as it doesn't impede traffic flows. Ms. Wright noted that they do intend to put something to that affect in the covenants regarding parking on the street. MOTION Commissioner Springborn moved to approve the waiver of the street width as requested, seconded by Cato and followed by discussion. Commissioner Tarvin stated that he agrees with the idea of keeping the street 27' wide since it is in keeping with the character of the existing streets. He noted that he is concerned with the idea of prohibiting parking on the street. He stated that the main concern is not blocking emergency vehicles, but if he were the developer, he would be more reluctant to agree to no parking on the streets. Ms. Wright advised that they are proposing to limit overnight parking. The motion passed 8-0-0. LARGE SCALE DEVELOPMENT PLAN FOR SEQUOYAH UNITED METHODIST CHURCH SEQUOYAH UNITED METHODIST CHURCH - 1910 OLD WIRE ROAD The sixth item on the agenda was a large scale development plan for an expansion on Sequoyah United Methodist Church represented by Dave Jorgensen for property located at 1910 Old Wire Road. Property is zoned R-1, Low Density Residential. Chairman Jacks noted that he didn't have a plat in his packet to show what is planned. Dave Jorgensen, representative, stated that Delvin Nation who drew the plans was unable to attend the Planning Commission so he is here to represent him. He stated that this was streamlined through the usual process and it went to the Plat Review last Thursday. He submitted copies of the plat to all the Commissioners for their review. Mr. Bunn stated that they had submitted a plan for the Plat Review meeting last \O Planning Commission January 22, 1990 Page 7 week, but there was some corrections needed. Therefore, the plat that is being submitted to the Planning Commission is the revised version. He stated that this expansion consists of about an 11,000 square foot addition to the church. There weren't any significant comments on this development from the utility companies. The power company did, however, request an easement of 10' off the north side of the property. All utilities are generally available to the site. He asked the representative if the location of the fire hydrant had been measured to make sure it met the requirements. Mr. Jorgensen stated that they checked into it, but he hasn't determined if the existing hydrant is close enough to meet the requirements of the distance to the proposed addition. He noted that they have agreed to put a new hydrant in if the existing one doesn't meet the ordinance. Mr. Bunn stated that Old Wire Road along that stretch is classified as a collector street which requires a right-of-way width of 60' to 80'. Also, the Master Sidewalk Plan shows a sidewalk on both sides. The staff recommends approval of the large scale development subject to: a) the Plat Review comments, b) dedication of a 10' utility easement off the north side of the property which will need to be done by a separate document, c) dedication of an additional 10' of street right-of-way adjacent to Old Wire Road which will need to be done on a separate right-of-way deed and d) the construction of a sidewalk as called for by the Master Sidewalk Plan. He advised that the Subdivision Committee did not meet on this. Commissioner Tarvin stated that the drawing shows a 40' right-of-way already existing from the center line of the road as well as a 10' additional right-of- way dedication. Mr. Bunn advised that if there is a 40' right-of-way already existing, they will not need to dedicate the additional 10'. Mr. Jorgensen stated that he isn't positive if there is 30' or 40' of existing right-of-way, but they will dedicate the additional 10' if needed. Commissioner Tarvin commented that he is in favor of sidewalks and the citizens really do get a lot of benefit from them in some locations of town in particular the sidewalks that are built back off the street. He noted that he wished there was a requirement that the sidewalks in subdivision be back along the right-of- way line instead of right up against the curb, because people would use them a lot more and not have to worry about the traffic. He stated that this area is pretty well developed and mostly residential and he would like to someday see a sidewalk on both sides of Old Wire Road all the way. However, he suspects that the only way that will ever happen is with a project where the City goes in and builds or improves the street and builds the sidewalk at the same time. The problem he has with the sidewalk being constructed now is that it may not be developed in the location where it is wanted. There may be grade changes that would mean that the sidewalk is either too high or too low, etc. He reiterated that he would like to see sidewalks in this location, but to require the church to build a sidewalk at this time which may never be connected or may have to be torn out and redone doesn't seem reasonable. It might be a situation of money spent in vain. Chairman Jacks stated that this is not a new problem. The City has accepted Bills of Assurance in the past, although they are trying to discourage Bills of • • • Planning Commission January 22, 1990 Page 8 Assurances on sidewalks now because of the problems with keeping the records. Mr. Bunn noted that it has been the staff's policy lately to go ahead and require the construction, of the sidewalk. The developer or owner may request the Planning Commission to consider a Bill of Assurance. Mr. Bunn stated that it can be a problem with the sidewalks being constructed in the wrong locations or elevations. Mr. Jorgensen stated that they would like to request a Bill of Assurance on the sidewalk. Chairman Jacks asked if widening Old Wire Road is on the foreseeable projections of improvements. Mr. Bunn answered, no. Commissioner Allred asked if there is anyway that they could modify the existing Master Sidewalk Plan to include in the future on collector streets, the sidewalk be placed at the back of the right-of-way instead of the curb. Mr. Bunn stated that he recalls that in the past the Board of Directors or the Planning Commission set some guidelines on where they would prefer the sidewalks be located which was near the right-of-way. Chairman Jacks advised that he would offer the comment with the new Subdivision Ordinance being developed by Al Raby's company, that they note a sidewalk must be constructed next to the right-of-way unless a waiver is granted. He added that Mr. Jorgensen has stated that the owner would like to request that they offer a Bill of Assurance to construct a sidewalk at the call of the City instead of constructing it now. Mr. Jorgensen stated that he would like to thank the staff for allowing them to bring this to the Planning Commission without the usual course of meetings. The architect and everyone else thought that the large scale development process had already been taken care of and they wouldn't need to do this again. He advised that they are seeking approval of the large scale development plan subject to the comments of the staff with the exception that they would like to request a Bill of Assurance on the sidewalk. In answer to a question from Commissioner Klingaman, Mr. Jorgensen stated that the parking is restricted right now because of the construction area on the east side of the church. When construction is finished, they will be paving the parking with a circle all the way around the church. A portion of the parking is currently gravel, but they will be paving it after the heavy construction is done. Mr. Bunn advised that the parking requirements for a church is based on auditorium space and since they are adding classroom space, this addition will not affect the number of parking spaces required. NOTION Commissioner Hanna moved to approve the large scale development plan subject to Plat Review comments, the dedication of the utility easement, the dedication of street right-of-way as needed and a Bill of Assurance signed on the sidewalk, seconded by Tarvin. The motion passed 8-0-0. • • • Planning Commission January 22, 1990 Page 9 PROPOSED RESOLUTION IN SUPPORT OF INFORMATIONAL LOGO SIGNS The seventh item on the agenda was installation of informational logo signs 71 Bypass submitted by John Merrell, Planning Commission's review. a proposed resolution in support of at appropriate locations along the U.S. Planning Management Director, for the John Merrell stated that the informational logo signs are signs along the highway which typically have a blue background and the Highway Department actually leases space on that sign for businesses to affix their logo to the sign. He advised that currently in the State of Arkansas, the Highway Department has a policy of installing these signs in rural areas where the speed limit is 65 mph. These signs are used for motels/hotels, restaurants and gasoline stations. Mr. Merrell stated that the Board of Sign Appeals reviewed an appeal of the sign ordinance from the owner of a local restaurant near the intersection of Highway 62 West and the Bypass to put up an elevated ground sign with the logo of the restaurant on it. The staff recommended that it be denied and the Board of Sign Appeals did in fact deny that appeal. There is a problem with the restaurants and businesses located near the interchanges along the Bypass Road having difficulty in attracting customers to their business. The Board of Sign Appeals had a very extensive discussion on this and the consensus of that discussion was that perhaps the City could put together a proposal to encourage the Highway Department to allow for these informational logo signs as an alternative to the granting of sign ordinance appeals which obviously could result in a proliferation of individual signs along the Bypass. He noted that the staff did prepare a resolution incorporating the opinions of the Board of Sign Appeals which they did approve at their December 18, 1989 meeting. He added that a copy of that resolution is included in the agenda packet. A resolution has been drafted with similar language for the Planning Commission's consideration. Essentially, the staff is making this recommendation based on their determination of the following: 1) this is a viable alternative to the granting of sign appeals and a proliferation of signs that could occur along the Bypass, 2) it is an innovative means to preserve the scenic beauty of the Bypass corridor, 3) the Bypass in Fayetteville was essentially constructed to interstate standards and this section of road will become part of the new interstate under construction from Ft. Smith to Kansas City, 4) these signs will promote traffic safety and generate revenue and 5) the prime business community in Fayetteville has expressed a strong interest in these signs. The staff would like to recommend that the Planning Commission consider joining with the Board of Sign Appeals in support of this idea. If so, the staff envisions taking the matter to the Board of Directors at one of their meetings in February. The staff is hoping that the Planning Commission and the Board of Directors will ultimately agree that it is a good idea and when the day comes that the City of Fayetteville approaches the Highway Department on this, there can be a unified front presented with the City and the private business community to perhaps convince the Highway Department to change their policy and allow the installation of these informational logo signs in Fayetteville. • • • Planning Commission January 22, 1990 Page 10 In answer to a question from Commissioner Klingaman, Mr. Merrell stated that the main difference from the Highway Department's regulations is that they don't like to encourage the location of these signs in urban areas. They stipulate that the signs should be in the rural areas on interstates where the speed limit is 65 mph. MOTION Commissioner Hanna moved to recommend in favor of this resolution to be presented to the City Board of Directors for consideration of presentation to the State Highway Department, seconded by Allred. The motion passed 8-0-0. OTHER BUSINESS Item 81: Election of Chairman, Vice -Chairman & Secretary of the Planning Commission. Chairman Jacks advised that he has asked Commissioner Springborn to chair a committee of himself, Commissioner Klingaman and Commissioner Ozment to bring a slate of commissioned officers for the election of chairman, vice- chairman & secretary to the Commission in February. Item 82: Latest Revised Development Ordinance from Al Raby. Chairman Jacks advised that all the Commissioners have been presented with a copy of the latest revised development ordinance from Al Raby, Planning Consultant. He noted that he and John Merrell were given a copy earlier and he has reviewed it. He stated that he would like to propose that, after a reasonable amount of time for reviewing it, the Planning Commission meet as a Planning Commission a couple of times to discuss this among themselves before they discuss it with the Planning Consultant. He asked that the staff put an item on the agenda for the next meeting as a discussion item to set a meeting date. He advised that Commissioner Hanna pay close attention to the elderly provisions and that Commissioner Klingaman pay close attention to the the environmental aspects of it. Also, he requested that Mr. Merrell get word to Don Bunn, City Engineer, to review Articles 3 & 5 in some detail. Item 83: Elaine Cattaneo, City Planning Secretary, Resignation Withdrawn. John Merrell stated that he would like to express his sincere appreciation and pleasure that Elaine Cattaneo has decided to stay on as City Planning Secretary. There being no further business, the meeting was adjourned at 6:15 p.m.