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HomeMy WebLinkAbout1990-02-26 Minutes• • MINUTES OF A MEETING OF THE FAYETTEVILLE CITY PLANNING COMMISSION A meeting of the Fayetteville Planning Commission vas held on Monday, February 26, 1990 in the Board of Directors Room of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: J. David Ozment, Jerry Allred, J.E. Springborn, Gerald Blingaman, Joe Tarvin, Jack Cleghorn, Jett Cato and Fred Hanna Ernie Jacks OtHRRS PRESENT: John Merrell, Don Bunn, Becky Bryant, Elaine Cattaneo, members of the press and others MINUTES The minutes of the regular meeting of the February 12, 1990 were approved as distributed with one correction on Page 2 on the .fitst,..line it, states. that "Commissioner Ozment moved to nominate J. David Ozment.7:".' "This should read "Commissioner Springborn moved to nominate J. David Ozment..." LARGE SCALE DEVELOPMENT PLAN OF CTA INDUSTRIAL PROJECT (MANUFACTURING) CHESTER DEAN - W OF DEANE SOLOMON RD, N OF MT COMFORT RD The second item on the agenda was a large scale development plan of CTA Industrial Project(Manufacturing) submitted by Chester Dean of Architectural Construction for property located on the west side of Deane Solomon Road and north of Mount Comfort Road and zoned R-1, Low Density Residential. ,1 ,4c 'GS Chairman Hanna advised that if this large scale development is approved, it will be approved contingent on approval of the proposed new industrial park. He stated that it is currently zoned R-1 and will have to be rezoned before development can take place. Don Bunn, City Engineer, stated that this is a large scale development on Deane Solomon Road which is an approximately 5 -acre site in the proposed industrial park. He added that this is unusual in that the industrial park isn't there yet. He further stated that the off-site improvements for this development will be provided by the City. The Highway Department has agreed to build a road into the site and the City has committed to put in water and sewer for the industrial park area and also make whatever improvements that can be done on Deane Solomon Road. He advised that the City isn't asking this developer to do off-site improvements. • Planning Commission February 26, 1990 Page 2 Mr. Bunn stated that at the Plat Review, the comments centered mainly on the easements required to get the utilities to the site. The utility companies are depending on the City to provide those easements along the new road that is to be built in there and on property that will be industrial park property. He added that there was a request by the fire chief about the location of fire hydrants which will be taken in account when the development is put in. Commissioner Tarvin, Subdivision Committee Chairman, stated that the Subdivision Committee doesn't have any further comments to add to the staff report. Richard Shewmaker, Economic Development Coordinator, stated that this is rather unusual in that normally the rezoning process would be done before the large scale development plan. He added that they are trying to accommodate the manufacturer and options that the City has on land and are trying to put several different financing organizations together to, not only, finance the large scale development proposal on the agenda at this meeting, but to finance the entire industrial park. He advised that this is the reason that some of the issues are backwards. Mr. Shewmaker stated that the proposed industrial park will have covenants and be something the this community can be proud of. He noted that there is an issue of choice facing the community; there is the present industrial park which satisfied a certain need when Highway 71 was the.main.artery into town and now with the new Bypass which will soon connect with a road heading south to Alma, Fayetteville has to be able to meet the demands for tomorrow if it wants to try to accommodate industrial development within the community. Improvements are going to be made in the existing industrial park area, but it will never have the visibility that it once had. This proposed park will be visible. He stated that they also have manufacturers within the community today who have a management philosophy that when their plant size reaches a certain number of employees, they will no longer expand at that particular site. He advised that it is not to say that they will build in the new industrial area, but it is to say that without another location, they will not build in Fayetteville again because they don't have a choice other than to expand at their existing building. Commissioner Cleghorn stated that after talking to the Planning Office staff earlier, he understands that the certified mail for notification to the adjoining property owners were not sent out that were required by the developer even though the Planning Office did send letters from their office to the adjoining property owners. Becky Bryant, Associate Planner, agreed. In answer to a question from Commissioner Cleghorn, Ms. Bryant stated that there were six or seven adjoining property owners. Chairman Hanna asked if anyone in the audience would like to speak to this. Jim Bob Wheeler of 3481 North Deane Solomon Road stated that he owns the property just north of the proposed site. He stated that this site is highly visible from his house and, in his opinion, it would greatly destroy the value of his home and the 36 acres they own there. He commented that this is a beautiful • Planning Commission February 26, 1990 Page 3 valley and they would prefer that it be kept in its natural state or be used for homes. He further stated that he is definitely opposed to factories being built there. If the proposed industrial park doesn't come about, then what they are discussing now is a moot point. He was concerned that this development is on the opposite side of the street from the rest of the proposed industrial park which he considers an encroachment. The north end of that property is extremely boggy so there would need to be tremendous amount of money spent to make that part of the land useable. Harley Brigham who lives on Fox Hunter Road stated that by definition, the I-2 district is designed to provide areas for manufacturing and industrial activities which may give rise to substantial environmental nuisances, which are objectionable to residential and business use. He stated that he believes that the proposed industrial site has great potential for use as residential developments, office buildings, shopping centers, lodging, recreational facilities, medical facilities and pollution -free high tech industries. This land is too valuable for use as a heavy industrial wasteland. Chairman Hanna advised Mr. Brigham that he is addressing something that isn't before the Planning Commission at this meeting. He stated that they are only considering one large scale development plan. He commented that he appreciates their points of view, but they will need to be presented at the special meeting next week when the industrial park is brought before the Planning Commission. He further stated that the Planning Commission can only approve this large scale development contingent upon the development and rezoning of the industrial park. Therefore, if the industrial park doesn't win approval, this particular industry can't develop there. In answer to a question from Mr. Brigham, Chairman Hanna advised that this is a manufacturing company. He stated that they have been provided with a site plan thatshows the building and information as to how many people they will employ. He noted that he doesn't know what the CTA stands for. In answer to further questions from Mr. Brigham, Chairman Hanna stated that as he understands it, they produce home appliance. He added that it hasn't been made public because they don't want their competitors to know the information that he is asking. Mr. Brigham asked what the reasons are that the prospective tenants do not want to purchase land in the existing industrial park. Chairman Hanna stated that it is a personal choice. Richard Shewmaker stated that CTA is a company that is not interested in exposure at this time because they are involved in some registering agreements with other people. Mr. Brigham stated that he would like to offer his input on this rezoning. Chairman Hanna advised him that they are not discussing a rezoning, but a large scale development plan. Mr. Brigham stated that it will have to be rezoned if it is approved up the road. Mr. Brigham asked if anyone on the Planning Commission know how the City plans to finance this proposed industrial park. Commissioner Allred stated that they • • • Planning Commission February 26, 1990 Page 4 are not discussing the rezoning or how it will be financed, they are only discussing the large scale development and they should keep on track. The other pertinent information can be discussed next week when the rezoning is discussed. In answer to a question from Mr. Brigham, Chairman Hanna advised that next Wednesday, March 7, at 5:00 p.m. they will be discussing the rezoning of the proposed industrial park. He requested that Mr. Brigham ask only those questions that are pertinent to this large scale development. Mr. Brigham stated that he is confused. John Merrell, Planning Management Director, explained that the purpose of this agenda item is to discuss the proposed large scale development plan for this particular piece of property. He stated that the staff has a copy of the plat of this development that he could review. The discussion that this meeting has to do with the location of the building on this piece of property and the off- street parking, loading, etc. He asked Mr. Brigham to keep this in mind as he goes through his list of questions. He noted that if he wanted to come into the office, the staff would be glad to help him. Mr. Brigham stated that he isn't really concerned about this one little piece of property; he is concerned about the total area and he is here to voice his opposition to what is proposed here. Mr. Merrell explained that the rezoning of this whole area is going before the Planning Commission next week and at that time, he and other opponents and proponents will have an opportunity to address the whole overall issue. This will be the meeting of the Planning Commission on March 7th. He further stated that if Mr. Brigham would like to call the staff tomorrow, they would be happy to review the plans and documents with him. He added that he isn't trying to put him off, he is just concerned that he doesn't understand what is being presented at this meeting. Mr. Brigham stated that he isn't particularly concerned about the location of this development, he is opposed to an industrial park on this site and he will return on March 7th. Bob Waldren, who lives across from Mr. Wheeler, stated that there hasn't been very much information provided to discuss on this development. He added that he is opposed to any kind of industrial manufacturing out in this general area He stated that he this would create some undesirable traffic past his house and he lives in that general area because he is looking for a certain quality of life. When industrial plants are put in that area, that quality of life is destroyed. It is a very beautiful valley and the land there is boggy, so there are flooding problems. In answer to a question from Mr. Waldren, Mr. Shewmaker stated that it will be about two years before they will reach the 300 employee stage. They will also be working on three shifts, so they won't all be there at the same time. Mr. Waldren stated that they have the cart before the horse with this and he thinks the ideal thing would be to get this properly zoned and then discuss a large scale development plan. He advised that on the basis of this alone, he is opposed to it because he wouldn't want any kind of manufacturing in his backyard. He stated that the City and the County are looking at building all sorts of roads, all sorts of sewage systems that they never thought about putting in there for the residents that live down through • Planning Commission February 26, 1990 Page 5 there now. Chairman Hanna asked if anyone else wanted to speak in favor or in opposition to this. There being no response, the public hearing was closed. Commissioner Springborn stated that he has a problem with moving forward with either approving or disapproving this application from the standpoint that it appeared to me that it could result in a prejudicial situation relative to the hearing on the industrial park. He added that if they were to favorably rule on this, that there is too much risk that it could then be represented at the hearing on the industrial park itself. They could make the argument that this manufacturer has been before the Planning Commission and has been approved and he is anxious to move in. He doesn't think that this is the way they want to conduct business in this city. Commissioner Klingaman agreed and stated that certainly the decision by any industry to move in here wouldn't hinge on ten days of time passing. Therefore, this could be delayed until after the meeting next week. Commissioner Ozment asked if this could be included on the March 7th agenda. Mr. Merrell stated that the Commission has the authority to postpone their decision on this item until the March 7th meeting. Richard Shewmaker stated that one reason that they have been moving so fast with this is that they lose options on 21st of March. MOTION Commissioner Springborn moved to postpone this hearing until the March 7th meeting, seconded by Cleghorn. The motion passed 8-0-0. Chairman Hanna advised that the motion is to table the discussion on this large scale development until after the hearing on the rezoning at the March 7th meeting. Commissioner Ozment asked about the question as far as notification of the adjoining property owners. He asked if everything is in compliance in that respect. Mr. Merrell stated that the adjoining property owners were notified by the City as a matter of curtesy. He added that to make sure everything is taken care of, the staff will renotify them again. PRXLIMI NARY PLAT OF SKYLINE ESTATES DALLAS & DEE WRIGHT - E OF COUNTRY CLUB DR, S OF E 28TH CIRCLE The third item on the agenda was a preliminary plat of Skyline Estates submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Dallas & Dee Wright for property located on Country Club Mountain (east of Country Club Drive and south of East 28th Circle) and zoned R-1, Low Density Residential. Property contains 8.03 acres with 15 proposed lots. • • • Planning Commission February 26, 1990 Page 6 Don Bunn, City Engineer, stated that this is some property that was once platted as a part of Country Club Estates but was omitted from the final plat of that subdivision. He stated that there was some problem for the utility easements in asking for more easements and the possibility of having to ask for off-site easements there. He noted that the streets have been approved for a 27' width by the Planning Commission several weeks ago. He stated that the staff recommends approval of the preliminary plat subject to: 1) Plat Review & Subdivision Committee comments, 2) payment of the required parks fees, 3) submission of "As -Built" location plans for water and sewer lines, 4) the approval of the street and drainage plans and 5) the sidewalk construction per City Ordinance. He advised that water and sewer and most of the other utilities are already on the site as a result of the previous development done in the early 1970's. Commissioner Tarvin asked if they still needed a variance on the distance between street lights. Mr. Bunn answered, yes Dave Jorgensen, Representative, stated that what they are proposing is basically the same as what was previously laid out but not finalized. He submitted copies of the revised plats to the Commissioners. He noted that he reflected changes that were requested at the Subdivision Committee meeting on this plat. He advised that he contacted Larry Winkler of SWEPCO and was advised of how much of an easement they needed and where. Rather than take- easement from adjacent properties, he stated that they have shown the full easements on this subdivision property. He added that they would like to request a waiver on the spacing between the street lights. He advised that there is a street light located in the cul-de- sac and one at the corner which are about 400' apart and should be 300' apart to meet the ordinance. He added that the owners have informed him that the covenants are going to require the houses built there to be a minimum of 2,200 square feet. In answer to a question from Commissioner Tarvin, Mr. Jorgensen stated that he hadn't checked to see how far it was to the first street light in the old development, but after talking to the City Engineer, they have decided to put them at the locations shown. Mr. Tarvin stated that it appears that along 29th Circle, they have the proper spacing of the street lights provided that there is one immediately off-site in the old development. Mr. Stanton, a member of the audience, stated that there aren't any street lights existing on 29th Circle. Mr. Jorgensen stated that they will provide another street light at lot 4. NOTION Commissioner Ozment moved to approve this preliminary plat with the condition of the street light added as described and subject to staff comments, seconded • • • Planning Commission February 26, 1990 Page 7 by Tarvin. The motion passed 8-0-0. WAIVER OF THE SUBDIVISION REGULATIONS - LOT SPLIT O1 CHARLES HEATHCO - S OF SYCAMORE, W OF PORTER RD The fourth item on the agenda was a waiver of the subdivision regulations (Lot Split lit) submitted by Charles Heathco for property located south of Sycamore Street and west of Porter Road and zoned R-1, Low Density Residential. Don Bunn, City Engineer, gave the staff report. He stated that the original tract contains 9.2 acres and the proposal is to split off 9/10ths of an acre. There is an existing house on the piece that is proposed to be split off and is presently being served by all the utilities including sewer. He advised that the staff recommends approval of the split subject to: 1) a survey of the property by a registered land surveyor and 2) the dedication of an additional 15' of right-of-way on Sycamore Street. • MOTION Commissioner Allred moved to approve the lot split as .requested, seconded by Springborn. The motion passed 8-0-0. OTHER BUSINESS Item 111: Avenues of Applicants of Denied Rezoning Petitions MOTION Commissioner Springborn moved that in the instance of a denied rezoning, the applicant be advised following the hearing of the following four points: 1) of the right to appeal the self -same application to the City Board of Directors, 2) of a now option to reduce the scope of the application to a smaller area and/or a less permissive zoning, 3) of the same right as the now option by way of a new hearing and 4) of the right of the applicant or any affected party to appear and request a rehearing of the self -same application based on new, relevent information. Chairman Hanna noted that this is pretty much the procedure that they have had in the past, but it hasn't been spelled out specifically. Commissioner Klingaman stated that his only concern is the definition of "new and relevant information". He advised that there was a recent rezoning petition that came back for a rehearing and it didn't seem to meet the criteria. Commissioner Springborn stated that with the "self -same" application, the applicationitself could not be changed. • • Planning Commission February 26, 1990 Page 8 Commissioner Cato stated that with the second point, if the petitioner isn't present at the meeting, is he barred from any option to request a rezoning. Commissioner Springborn advised that it wouldn't shut them off, it would just expedite them in some cases. If the applicant has authorized the representative to do something else, they can handle it at the hearing when the Planning Commission denies it. He added that this would not stop them from bringing it back for a rehearing based on the changes. Chairman Hanna noted that this is in the form of a motion, but he feels that it would be a good idea to have this included in the agenda of the next regular meeting and spelled out as an agenda item so that everyone will have a chance to read it and possibly think about instances where there might be problems. Commissioner Allred stated that one of the problems he perceives with this is that if the Planning Commission keeps continually denying a rezoning, the applicant can continue to come back to them with it. As it is now, there is a twelve-month waiting period. Commissioner Springborn advised that the applicant has to wait one year for the self -same application unless they have new and relevant information. Commissioner Allred stated that they can keep saying they have new and relevant information and continue to come back to the Planning Commission. Commissioner Springborn advised that the Planning Commission doesn't have to have the hearing in that instance. When they appear in that instance, they are asking for a rehearing of the self -same application based on other information relevant to it and the Planning Commission can make the decision then as to whether or not to hold the hearing. Chairman Hanna advised that with a denied that the Planning Administrator feels is on the agenda for the Planning Commissi decides whether or not to hear it. rezoning, if information is submitted new and relevant, it will be placed on. Then, the Planning Commission Commissioner Springborn withdrew his motion and requested that it be placed the agenda for the next meeting. MOTION on Commissioner Springborn moved to have this included as an item for the next regular meeting, seconded by Cato. The motion passed 8-0-0. Item #2: Staff Committee To Review Unified Development Ordinance John Merrell advised that they have created a committee of staff members, specifically himself(Planning Management Director), Don Bunn(City Engineer), Becky Bryant(Associate Planner), Freeman Wood(Inspections Superintendent) and Jerry Rose(City Attorney) to go through the 2010 Unified Development Ordinance document page by page. He stated that he would like to recommend that the Planning Commission give this committee a couple of weeks for the staff to get going in their meetings so that at the next discussion meeting, this committee will be able to give them the input from these different staff members as each section is discussed. • Planning Commission February 26, 1990 Page 9 Item #3: Ernie Jacks Resignation John Merrell announced that they had received a letter of resignation from Ernie Jacks in the mail which is effective immediately. He added that it is with great regret that he has made this announcement. Chairman Hanna stated that he wanted to go on record as commending Ernie Jacks for the 26 or 27 years that he put in on this Planning Commission and wish him well in his retirement. MOTION Commissioner Ozment moved to request that the City Board pass a resolution of their appreciation of the years of service that Ernie Jacks has given to the City of Fayetteville and the Planning Commission, seconded by Cleghorn. The motion passed 8-0-0. Item 114: New Chairman of the Subdivision Committee Chairman Hanna announced that Joe Tarvin had been selected to serve as the new chairman of the Subdivision Committee. There being no further business, the meeting was adjourned.