Loading...
HomeMy WebLinkAbout1990-03-26 Minutes• MINUTES OF A MEETING OF THE FAYETTEVILLE CITY PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, March 26, 1990 in the Board of Directors Room on the second floor of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Jerry Allred, J.E. Springborn, Fred Hanna, Gerald Klingaman, Joe Tarvin, Jack Cleghorn and Jett Cato MEMBERS ABSENT: J. David Ozment OTHERS PRESENT: John Merrell, Don Bunn, Becky Bryant, Elaine Cattaneo, members of the press and others MINUTES • The minutes of the special meeting of March 7, 1990 and the regular meeting of the March 12, 1990 were approved as distributed. Chairman Hanna announced that the preliminary plat of the Emerald Subdivision that was scheduled for this agenda was postponed until the next meeting. CONDITIONAL USE FOR CHILD CARE FACILITY IN R-2 ZONE MILDRED COKER - 729 BETTY JO DRIVE The second item on the agenda was a conditional use for a child care facility in an R-2, Medium Density Residential, zoning district submitted by Mildred Coker for property located at 729 Betty Jo Drive. John Merrell, Planning Management Director, stated that this request is being generated by the You -Can Program. He advised that a similar request at a location on Wedington Drive was on the Planning Commission's agenda last year. He stated that EOA would be making a loan to Ms. Coker (with what is essentially city money) to operate this facility. He noted that this application came in prior to the Board of Director's decision not to fund the day care portion of this program anymore. He added that this is a valid application and the staff is recommending that this request be approved subject to: 1) it being approved for a period of one year, after which Ms. Coker could apply for renewal (He noted that the one year proviso was also done on the You Can proposal approved by the Planning Commission last year.); 2) the applicant successfully receiving the required state license; 3) the business hours of operation being 7:00 a.m. to 6:00 p.m., Monday through Friday as requested by the applicant; and 4) the applicant being allowed to keep upto 10 children or whatever number is stipulated by the State, whichever is fewer. • Planning Commission March 26, 1990 Page 2 In answer to a question from Commissioner Allred, Mr. Merrell stated that the applicant is not the property owner, but the staff feels that a conditional use can be issued because the owner has given approval. Nonnie Vance, with the Department of Human Services, stated that she isn't present to speak for or against this request. She advised that she is one of the two licensing workers out of Washington County. She noted that Ms. Coker has submitted an application for a license with the state, and no major problems are anticipated. MOTION Commissioner Cleghorn moved to approve this conditional use subject to the staff's recommendations, seconded by Springborn. The motion passed 7-0-0. Ms. Coker was delayed and did not reach the meeting until after the vote had been taken on her application. PRELIMINARY PLAT OF CAMBRAY SUBDIVISION JERRY SWEETSER - W OF OLD MISSOURI RD, OFF OF FRAZIER TERRACE The third item on the agenda was a preliminary plat _of Cambray .Subdivision submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Jerry Sweetser. The property is located west of Old Missouri Road off of Frazier Terrace and zoned R-1, Low Density Residential. It contains 5.81 acres with 15 proposed lots. Don Bunn, City Engineer, stated that there were no particular problems with this plat as far as Plat Review was concerned. There were some requests for easements which have been agreed to by the owner and are shown on the plat. The staff recommends approval of the preliminary plat subject to: 1) Plat Review and Subdivision Committee comments, 2) approval of the detailed plans and specifications for the public facilities involved, 3) payment of the required parks fees, and 4) construction of sidewalks. Commissioner Springborn advised that the Subdivision Committee found no particular problems with this subdivision and voted to recommend approval to the Planning Commission. MOTION Commissioner Springborn moved to approve the preliminary plat subject to Plat Review and staff comments, seconded by Cato. There being no further comments, the motion passed 7-0-0. PUBLIC HEARING - REZONING APPEAL. R90-9 • FAYETTEVILLE CITY HOSP - S OF MOUNTAIN ST, N OF ROCK ST, W OF SCHOOL, E OF WEST AVE • • • Planning Commission March 26, 1990 Page 3 The fourth item on the agenda was a public hearing for a Rezoning Appeal R90-9 submitted by Fayetteville City Hospital and represented by Steve Dyer, Hospital Administrator. The property is located on the south of Mountain Street, north of Rock Street, west of School Avenue and east of West Avenue containing 2.23 acres. The request was to rezone from R-0, Residential -Office, and C-2, Thoroughfare Commercial, to R-2, Medium Density Residential. John Merrell, Planning Management Director, stated that this is a rezoning with a conditional use for professional offices. He noted that they explored several different possible rezoning options on this, and the hospital staff felt very strongly that they wanted to maintain a residential appearance for this facility. Therefore, they were inclined to request an R-2 zoning district. He stated that they are dealing with almost an entire city block with the exception of one lot and house on the southeast corner. The hospital has grown in recent years and the facility would be for residential health care. They are proposing a building that would follow the topography of the lot. The hospital itself is in the lot just to the south, which is zoned P-1. The hospital already has an overflow parking lot on the subject property. This facility would contain up to 40 rooms and would be accessed off of Mountain and School Streets. Mr. Merrell stated that they brought up two aspects in -the staff report: 1) tree preservation and 2) historic preservation. The staff recommends that this rezoning be approved. The staff also recommends that a Bill of Assurance be furnished regarding tree preservation. This Bill of Assurance would affect the trees with an 8" or over caliber (the diameter of the tree trunk.) There are quite a number of very beautiful existing trees on the property, and it is the feeling of the staff and the hospital that a facility could be put in there in harmony with the trees. He stated that the staff stipulated in their recommendation that a minimum of 80% of the existing trees within the required setback area be preserved and 50% on the interior site. As far as this recommendation is concerned, the staff is viewing these percentages as guidelines and not set in stone. The staff would need enough flexibility to deal with the hospital to work this out on site. The City Horticulturalist and the Planning staff would be working closely with them as far as tree preservation. He added, as far as historic preservation, there are six structures on this property that will have to be torn down. He stated that, in the new unified development ordinance, there needs to be some sort of historic preservation zoning. He advised that the staff has met with T. Fuller, Chairman of the Historic District Commission, who is more or less in agreement with the staff. The staff is in the process of setting up a meeting with her commission in late April to discuss how they might fit some historic preservation zoning in the proposed new ordinance. He advised that the staff is simply pointing this out as something that the City ought to be looking at in the future to preserve historic buildings. He advised that, at this time, the staff isn't making any recommendations regarding preservation because of the layout they are proposing for the facility. • • • Planning Commission March 26, 1990 Page 4 In answer to a question from Chairman Hanna, Mr. Merrell advised that this will have to come through the large scale development process. Chairman Hanna stated that the tree issue and all things to do with development will have to be addressed at that time instead of with this rezoning and conditional use request. Chairman Hanna advised that this request is for a less intense zoning than the property is currently zoned. He added that they should confine their discussion to the rezoning and conditional use at this meeting. The public hearing was opened. Steve Dyer, Hospital Administrator, stated that he has a site plan of what they are proposing, and if they have any questions, he would be glad to answer them. Chairman Hanna stated that they have had a committee previously on the Planning Commission dealing with the problems with elderly housing. He stated that he is glad to see this facility, because it is needed in Fayetteville. There being no one else in the audience wishing to speak, the public hearing was closed. MOTION Commissioner Springborn moved to recommend approval of the rezoning as requested subject to the staff comments, seconded by Klingaman. Commissioner Klingaman stated that it is important that the designers realize early on that the trees are an important asset to that site. The motion passed 7-0-0 with Ozment being absent. CONDITIONAL USE FOR PROFESSIONAL OFFICES FAYETTEVILLE CITY HOSPITAL - S OF MT ST,N OF ROCK ST, W OF SCHOOL AVE & E OF WEST AVE The fifth item on the agenda was a conditional use request for professional offices in the R-2, Medium Density Residential, zoning submitted by Fayetteville City Hospital and represented by Steve Dyer, Hospital Administrator. The property is located south of Mountain Street, north of Rock Street, west of School Avenue and east of West Avenue. Commissioner Klingaman stated that it is unclear why they are requesting a conditional use for professional offices. Chairman Hanna stated that a residential care facility is only allowed by a conditional use in R-2. Therefore, they need a conditional use. Commissioner Allred asked if the Bill of Assurance relative to trees mentioned by the staff had been offered. Mr. Merrell stated that the normal procedure is, once the applicant goes to the Planning Commission and the Board of iet • • Planning Commission March 26, 1990 Page 5 Directors, they would verbally offer the Bill of Assurance there, and if the Board agrees to it, the staff contacts the applicant to come in and sign the Bill of Assurance. Steve Dyer, Hospital Administrator, stated that it is their intention to build a facility with a residential appearance. The only trees that they know of that will have to come out are those in conflict with the floor plan of the facility. He added that he doesn't know, at this point in time, how many trees on the site have an 8" diameter. As long as this is flexible, so that they can negotiate with the staff when construction begins, he feels that they will have no problem meeting the stipulations set in the Bill of Assurance. He admitted that he is a little apprehensive about agreeing to a Bill of Assurance without knowing how many trees they are talking about. Mr. Merrell stated that the staff would be very flexible with the 50 & 80 percentages so as not to obstruct or change their whole proposed development plan. He noted that it was the staff's understanding that the hospital wanted the conditional use that they could put in offices, if they decide to. Mr. Dyer agreed and stated that they are considering moving their Home Health Agency office into that area. MOTION Commissioner Springborn moved that the conditional use be granted as requested, seconded by Cato The motion passed 7-0-0. WAIVER OF ON-SITE PARKING REQUIREMENTS ZETA GAMMA SORORITY - 404 W MAPLE ST The sixth item on the agenda was a waiver of on-site parking requirements submitted by Harry Gray, of Northwest Engineers, on behalf of Zeta Gamma Sorority for property located at 404 West Maple Street. The property is zoned R-3, High Density Residential, and the request was to allow 15 off-site parking spaces. John Merrell, Planning Management Director, stated that the issue is not zoning, because R-3 does permit a sorority house. This also meets the minimum of one acre of land required for a fraternity or a sorority house. He advised that there are approximately 59 on-site parking spaces but there will be 70 young women and one house mother residing at this location, creating the need for 71 parking spaces. Zeta Gamma has entered into an agreement with University Baptist Church for 15 designated parking spaces on church property for the exclusive use of Zeta Gamma. He stated that they are also asking for a waiver of the paving requirement on the portion of the parking lot that isn't currently paved. The staff's recommendation is to waive the paving requirement on the remainder of the parking lot for the following reasons: 1) this is a • residential area, 2) a lot of trees would be lost if the entire parking lot was paved, 3) it could create a situation where water would drain on properties back to the rear and cause a problem and 4) the paving would give the property qZ • • • Planning Commission March 26, 1990 Page 6 much more of a commercial type appearance. Mr. Merrell stated that, as far as the 15 off-site spaces, the staff isn't very comfortable with this because of enforcement problems. He noted that the City could not enforce it. Should the Planning Commission decide to approve, the staff is recommending that this be approved for a one-year probationary period, should the Planning Commission decide to approve it to see if there are any problems. He added the staff is concerned that visitors to the sorority will not be aware of the off-site parking in the church parking lot and will be inclined to park on the street. After the one year probationary period, there would be a clearer picture of what affect it would have on the surrounding neighborhood. In answer to a question from Commissioner Klingaman, Mr. Merrell stated there will be no additions made to the building as the staff understands it. There was a fraternity at this location at one time, so the building was constructed for that purpose. Harry Gray, of Northwest Engineers, stated that Sara Koenig is present as representative of Zeta Gamma. In answer to a question from Harry Gray, Chairman Hanna stated a vote of the majority of the Commissioners present would be required to -passu request like this one. He added that it is the majority of those present on all votes except a rezoning petition, which requires five votes in favor of to pass. Mr. Gray stated that he understands the staff's concern and he agrees that the probationary period might be in order. He predicted that with the cooperation of the sorority and everyone else, there would be no problems with it. He advised that the 15 off-site spaces proposed are immediately across the street on the south side of Maple and would be designated as reserved spaces for the sorority exclusively. He added that the off-site spaces would be as close as or closer to the front entrance than the 15 on-site spaces in the rear are to the back entrance. The alternative is to tear out at least six large trees and a large portion of the front yard to provide the on-site parking. Chairman Hanna stated that when this property was previously used as a fraternity house, they had a fence along side of Vandeventer which screened the parking lot from the houses across Vandeventer. In answer to a question from Chairman Hanna, Ms. Koenig stated that they had not gotten far enough into their planning yet to know whether or not a screening would be installed. Chairman Hanna noted that a neighbor had asked him if screening would be installed, and he agrees that the parking should be screened. Mr. Gray stated that the sorority certainly wants to be a good neighbor and not create any problems. He noted that they don't plan an expansion to the building; it is strictly an interior remodeling. He advised that Zeta Gamma would not have had to come before the Planning Commission except for the fact they are spending more on remodeling than the original cost of the building. • • • Planning Commission March 26, 1990 Page 7 Commissioner Klingaman inquired as to whether the agreement with the church is that the 15 spaces would be vacated on Sunday. Mr. Gray answered, no, the 15 spaces would be for exclusive use by the sorority. Commissioner Allred stated that it is inevitable that the church parking would be used for overflow parking because of its availability regardless of whether it is designated as such. That should alleviate any on -street parking. He noted that he would rather see it left as it is and grant the waiver as to require an additional parking lot. MOTION Commissioner Allred moved to grant the waiver of on-site parking requirements and to allow the use of the 15 off-site spaces for a one-year time period, at which time, it will be reviewed by the staff. Commissioner Tarvin stated that, if there is a problem, it will be the church's problem and not the City's. He noted, if the sorority sets up for 71 occupants and there is a problem after one year, they would have to revert back to 55 occupants which would mess up their finance plan. He added that, if the church is willing to have an agreement of this sort, any problems_would-ba between_the church and the sorority. Commissioner Springborn agreed with Commissioner Tarvin. He noted that, if the sorority has found a solution to its problems, the Commission should honor the solution. AMENDMENT TO THE NOTION Commissioner Allred moved to grant a waiver of the number of on-site required spaces with the provision that 15 spaces be provided by the church across the street and a waiver of the required paving of the portion of the parking lot that isn't currently paved, seconded by Tarvin. The motion passed 7-0-0. OTHER BUSINESS Item 111: Air Park Chairman Hanna noted that the demonstration at the proposed Mount Comfort Air Park, which was scheduled on Friday, March 23rd, had to be canceled because of the weather. He stated that Dr. Harris had asked if the Planning Commissioners would have the demonstration this week even though John Merrell and Becky Bryant will be out of town. The staff could arrange for another demonstration at a later date. The consensus was that the demonstration be held on Friday, March 30th, at 1:00 p.m. There being no further business, the meeting was adjourned at 5:45 p.m.