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HomeMy WebLinkAbout1990-04-23 Minutes• • MINUTES OF A MEETING OF THE FAYETPEVILLE CITY PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, April 23, 1990 in the Board of Directors Room on the second floor of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: JerryAllred, J.E. Springborn, FredHanna, Jack Cleghorn, J. David Ozment, Jett Cato, Joe Tarvin and Charles Nickle MEMBERS ABSENT: Gerald Klingaman OTHERS PRESENT: John Merrell, Don Bunn, Becky Bryant, Elaine Cattaneo, members of the press and others MINUTES The minutes of the regular meeting of April 9, 1990 were approved as distributed. INTRODUCTION OF NEW PLANNING COMMISSIONER Chairman Hanna introduced the new planning commissioner, Charles Nickle. LARGE SCALE DEVELOPMENT PLAN FOR GOOD SHEPHERD LUTHERAN CHURCH DRLVIN NATION - SW CORNER OF ROLLING RTLLS DR & OLD MISSOURI RI, The second item on the agenda was a large scale development plan for Good Shepherd Lutheran Church submitted by Delvin Nation on behalf of Good Shepherd Lutheran Church for property located on the southwest corner of Rolling Hills Drive and Old Missouri Road. Don Bunn, City Engineer, stated that there didn't appear to be any problems associated with this development. It was required to be a large scale devleopment because of a new entrance on Rolling Hills Drive. The addition is only about 7,500 square feet. It is the staff's recommendation that the large scale development plan be approved. There being no one in the audience wanting to speak to this, the discussion was closed to the public. Commissioner Springborn advised that the Subdivision Committee did not meet. MOTION • Commissioner Allred moved to approve the large scale development as presented subject to staff comments, seconded by Tarvin. The motion passed 8-0-0 with • • • • Planning Commission April 23, 1990 Page 2 Klingaman being absent. CONDITIONAL USE FOR WALLPAPER STORE LINDA EATON - NW CORNER OF COLLEGE AVE & CLEBURN The third item on the agenda was a conditional use for a wallpaper store submitted by Linda Eaton for property located on the northwest corner of College Avenue and Cleburn (901 N. College) and zoned R-0, Residential -Office. John Merrell, Planning Management Director, advised that the conditional use request is to change one non -conforming use to another non -conforming use. A wallpaper store is not a permitted use in the R-0 zoning district. The staff recommends that the conditional use be approved, since this is a commercial building that has been there for a number of years. There being no one in the audience wanting to address this request, the discussion was closed to the public. MOTION Commissioner Springborn moved to grant the conditional use request subject to the staff recommendations, seconded by Allred. The motion passed 8-0-0. CONDITIONAL USE FOR AN AIR PARK IN AN R-1 ZONE FLOYD HARRIS - SE CORNER OF RUPPLE RD & MT COMFORT RD The fourth item on the agenda was a conditional use for an airpark in an R-1 zoning district submitted by Floyd Harris for property located on the southeast corner of Rupple Road and Mt. Comfort Road. John Merrell, Planning Management Director, stated that this is a very complex issue. He noted that Dr. Floyd Harris desires to construct an airpark which would include 27 lots on a 70 acre tract of land. From an urban planning perspective, the staff feels that this would be an innovative use of land. However, this is a type of land use that would be better suited for a more rural setting. Therefore, the staff recommends that the conditional use be denied. However, if the Planning Commission should decide to grant the conditional use, the staff requests they consider approving it subject to certain restrictions: 1) a limit on the number of planes maintained there and/or the number of flight operations, 2) a limit on size and/or horsepower of planes, 3) a prohibition of use of the airport for commercial purposes, 4) a possible limitation or clarification of flight approaches and 5) a prohibition of any sort of improvements, such as paving or lighting of the airstrip. Don Bunn, City Engineer, stated that, when Walnut Grove Subdivision was built south of this proposed development, Salem Road was taken from Wedington Drive to the north into the development with the intent that it be carried on to the north to Mt. Comfort Road. The staff has reviewed the possibility of routing a collector street on Rupple Road to the west. However, the staff didn't feel that this would be a viable alternative because part of it would be outside the • • Planning Commission April 23, 1990 Page 3 city limits. Also, there are existing houses very close to Rupple Road. The staff felt that a better route would be to veer the existing Salem Road to the east along the east side of this development for a tie into Mt. Comfort Road. The other alternative would be to route it through the subdivision, eliminating the proposed development. The staff's recommendation would be to require a 30' right-of-way on the east for the future street. Dr. Floyd Harris stated that he has recently started improving his runway, which has been there several years. He added that he has a lot of friends with airplanes who would be interested in an airpark development. He stated that he did a lot of research with the FAA and determined that a residential airpark would be allowed with restrictions. He noted that he visited airparks in Florida, Texas & Oklahoma and found that the amount of air traffic is small. He stated that Wilson Kimbrough, Ralph Steinburg and John Dockery are the only neighbors who have openly opposed this development. He advised that he has no intention of paving the runway. He is proposing 27 nice homes here, and the amount of traffic will be about 250 operations per day compared to 1,600, if it was developed with the maximum allowed 150 homes. He commented on several concerns. He stated that, as far as horsepower, the more horsepower an engine has, the easier it is to take off. As far as noise, the demonstration showed that noise wasn't a problem with landing and taking off. He stated that he feels land values will go up with this development. He stated that, as far as air space, they are out of the control zone of Springdale and Fayetteville airports. In answer to a question from Commissioner Cato, Dr. Harris stated that the east end of his runway abuts the adjoining property line. Therefore, if they dedicated 30' for the extension of Salem Road, it would shorten his runway 30'. Commissioner Cato stated that, if the adjoining property owner decided to develop this property, and the extension of Salem Road is developed, there would have to be a setback from the road to the end of the airstrip for safety purposes. He asked how much shorter the runway would be. Dr. Harris stated that the useful runway would then be about 2,000 feet. Commissioner Nickle stated this airpark could limit the height of structures built there. Jim Vizzier stated that the take off and landing would be over flood plain at both ends of the runway. He advised that these are areas that aren't apt to be developed except, for 300' between this property and the floodplain on the east end of the runway. Mr. Vizzier stated that this is an R-1 subdivision in an R-1 area and was approved for an R-1 subdivision with 80' lots several years ago. The alternative to this proposed airpark would be a development with over 100 lots, which would create a potential for 1,600 cars per day. He noted that flying is expensive, so there probably wouldn't be an airplane on every lot. As far as the noise and safety aspects, the additional car traffic of the maximum development should be considered. Planning Commission April 23, 1990 Page 4 John Merrell stated that the Commission does need to be aware that any type of development allowed in R-1 could take place on this property and could, arguably, have a greater impact on the neighborhood. He added that the staff was provided with a letter and audio cassette from Dr. Craig Whitfill regarding problems associated with an airpark in Apex, North Carolina. Mr. Merrell advised that it has been the impression all along in their meetings with Dr. Harris and Mr. Vizzier that they have the best of intentions. The staff doesn't feel that they are trying to do anything that would cause anyone harm. Dr. Harris stated that he has letters of support from some of the neighbors. Erwin Davis, Attorney, stated that he doesn't pretend to represent all of the neighbors and can't be absolutely sure that his comments would be unanimously approved by all the neighbors. He advised that the neighbors had met numerous times with 35 to 45 in attendance at this meeting. He submitted a petition with signatures of neighbors opposing any increase of private aircraft activity. He advised that the petition was signed by about 114 persons with very little overlap of those who signed the petition and those present. Mr. Davis stated that there are several objections to this airpark. He stated that, while an airport is one of the things that can.. be considered by the Commission on a conditional use basis, an airpark''i's'totally different. An airport has a landing strip with a terminal, is usually used for commercial activity and is regulated by the FAA. An airpark has two chief features: 1) its use is much higher than an airport and 2) it's totally unregulated. If the Commission approves this, there will be 27 homes with hangars afixed to them. There will be at least 27 pilots living there with a potential of 100 pilots working out of there. He stated that, once the door is open for that number of unregulated planes, the point of who will regulate it presents itself. It has been suggested that numerous airparks were visited. The opposition has learned that the airpark mentioned in Tulsa, Oklahoma, is located considerably south of the city limits of Tulsa. It is at least 5 miles from the nearest house and is owned by five wealthy people. It is an asphalted park strip, well lit and well maintained. It is peaceful with apparently no regulatory problems. He noted that an airpark in Denver, Colorado, has recently been the topic of a huge drug bust. He stated that an unregulated airstrip in Fayetteville, Arkansas, is about as attractive to drug dealers as an unregulated airstrip in some banana republic. The Commission will need to consider if this proposed development will create an overload on the Fayetteville police, city sewer, roadways, ingress/egress, etc. The neighbors are very concerned about safety and they want to be free of the threat of acidents. He stated that Mt. Comfort Road travels east/west, and the airstrip also lies roughly east/west. Between the airstrip and Mt. Comfort Road, they are proposing numerous common taxi -way public streets. Cars and aircraft would be competing for the same right-of-way. He noted that one of the neighbors requested a search of Dr. Harris' safety records from the FAA and learned that Dr. Harris had an accident at Joplin, Missouri, although they weren't given any details. He advised that no one has anything against Dr. Harris personally, but they do have legitimate • Planning Commission April 23, 1990 Page 5 concerns. The only regulation would be that the pilots and the planes be licsenced. Another objection is noise, which would be a constant reminder of the new unsafety in the neighborhood. There is nothing in the regulations that puts any limits on the noise level, number of engines, size of aircraft, speed of aircraft. This is too much to ask the neighbors to bear. He added that everyone can see the total fallacy of the noise level tests conducted. There were two or three aircrafts involved that were very well muffled. By the time the noise equipment got there, only the 185 horsepower was still in the air. He noted that the staff is apparently opposed to this and has recommended restrictions if it is approved. These restrictions are good, but who would enforce them. The neighbors are also concerned about their property values. This development would take away the greatest cross section of interested buyers of homes in that region, and that would affect market value. The two most affected neighors are the people at the end of the runway, because it affects the future use of their property. Other concerns are the possibility of future gas and oil sales and the maintenance activities polluting Hamstring Creek. Debbie Steinburg of 3281 Mt. Comfort Road stated that they do not oppose the housing aspect or aviation but the additional 27 additional planes landing and taking off at this location. She cited five specific potential hazards: 1) dangerous crosswinds that exist at this particular location, 2) the minimum safe altitude regulations enforceable at this particular location; 3) the surrounding streets are not adequate to handle any alteration of traffic; 4) the airways above their homes are already being utilized by the Municipal Airport; the Wedington Woods Airport and Razorback Airstrip; and 5) the pilots are not bound by law to carry individual liability insurance. She added that the FAA adsolved themselves of all responsibility in approving adequate airspace for takeoff and landing. She stated that citizens of Fayetteville are subject to a safety ordinance, prohibiting the discharge of fireworks Also, as motor vehicle operaters, they are subject to a multitude of rules and regulations. However, private aircraft owner/operators fly exempt from enforcment of individual liability insurance. She stated that, since the City hasn't decided whether it will assume responsibility for aircraft activity, his group asks that any and all aircraft activity be prohibited at this location, until this matter is resolved. She further asked that the decision apply to Dr. Harris' individual flight as well. Jim Younkin stated that this airport would be subject to the same federal air regulations to which Drake Field, Springdale or any other airport is subject. They have "Federal Air Regulations" which address 1) the operation of an aircraft in proximity to a runway, 2) who has the right-of-way, and 3) what the procedures are in approaching the runway. He added that the aircraft and cars, competing for the street, wouldn't be a great problem, because a pilot is preconditioned to take immediate responsive action. He added that he has visited the Leeward Airpark in Florida; it is very large but only averages about one takeoff and landing every three or four hours. This proposed airpark is not going to generate a tremendous amount of activity. Also, the propellor is the primary source of noise in an airplane not the exhaust. Therefore, the Planning Commission April 23, 1990 Page 6 bigger horsepower plane doesn't necessarily make the most noise. With regard to maintenance, all maintenance must be overseen by a liscened FAA mechanic. Jim Scanlon, who owns land on the Wedington Woods Airstrip and an airstrip in Greenland, stated that all airports are totally regulated. There is a height regulation. He stated that house applicances are going to make more noise in the living environment than a small airplane coming in for a landing. He noted that the devaluing of property with this development is only hypothetical. He requested that the Planning Commission take an objective approach and pass this airpark. Wilson Kimbrough, of 3110 Mt. Comfort Road, stated that apparently the regulations have not been in order, because he is reasonably certain the planes have been flying lower than 500' over his house. He noted that there is evidence that can be used to determine whether this development would have an legitimate impact on the neighbors. He noted that, with respect to the noise, his ears are an ultimate determiner of whether or not the noise is objectionable. He advised that an airport should be located in a more rural area. He referred to a letter from Craig Whitfield, who lives near an airpark in Apex, North Carolina, which stated that the airpark is a problem for those living near it. Rick McKinney, who is a pilot, stated that a pilot does maintain the right to descend and ascend those altitudes upon landing and takeoff which gives them the right to come below those minimums as santioned by the FAA in the Federal Aircraft Regulations. He advised that, as an insurance agent, he knows that every fire and homeowners policy provides for fallen aircraft damage. The Aircraft Owners and Pilots Association lists the total aircraft landing facilities in the United States as 17,327 of which 12,264 are privately owned. He noted that anyone has a right to turn in pilots, who violate regulations. It has been determined that the major growth area within the next two decades for Fayetteville will be on the western side of town. He pointed out that the Younkin Airport started in a rural area and is now surrounded by development. Ralph Steinburg of 3281 Mt. Comfort Road stated that it is common knowledge that crosswinds exist above the airstrip. He noted that these winds made themselves visible during Dr. Harris' aerial display, when the plane sideslipped in the turbulaenc and then regained direction onto the landing strip. Such landings require full knowledge of wind volocity and direction without the slightest miscalculation as was apparent when one of the planes bounced five times during it's landing. He noted that responsible consideration of this airpark would include extensive testing of the crosswinds above the landing strip and realizing that the planes will utilize an airspace considerably larger than the length of the airstrip itself. Earl Erfer, who lives on Salem Road, stated that the airpark will make their community appreciate in value. With $150,000 homes, others would move into the area and build houses equal in value He advised that aviation is extremely expensive, so the type of person who would live in an airpark is not the type who would be flying in drugs and causing a lot of mischief in the neighborhood. As far as potential maintenace problems at the airpark, there already are a lot • • • Planning Commission April 23, 1990 Page 7 of maintenance problems in the existing neighborhood with junk cars and maintenance on vehicles. This hasn't been addressed, so why the concern on maintenance of airplanes. He noted that aviation is much more heavily regulated than motor vehicles. Mary Kelly, manager of the Tenkiller Airpark at Cookson, stated that she agrees with Mr. Younkin's estimate of approximately four takeoffs and landings per day at this proposed airpark. Tenkiller averages about four movements per day year round with most of the traffic coming in on weekends during the summer time. She advised that there are approximately 500 families who live within a five mile radius of the airpark. They have never received any complaints about noise from the airplanes, and property values have gone up in the area. She stated that she will be holding two proficicy courses for pilots, who are constantly updating their skills in regard to crosswinds. She added that every pilot who owns an airplane has a handbook that gives a crosswind component and limitation of that airplane. She noted, as a flight instructor over the past six years, the average flight instruction before obtaining a pilot's license is 60 hours, although the requirement by the FAA is 40 hours. John Dockery, of 3225 Mt. Comfort Road, stated that he has about 9 acres running the length of Dr. Harris' property joining it on the east. He noted that the City approved a development on his property several years ago pending installation of the sewer. Therefore, his property does lend itself to development. He noted that his neighbors are apprehensive that he might sell his property to Dr. Harris giving him the option to lengthen his runway. He stated that he thinks this proposed airpark would devalue his property, so he is opposed to it. Ginny Masullo, of 1837 Rupple Road, stated that the pilots may be subject to regulations, but it would be up to the neighborhood to enforce those regulations. If someone did report a violation to the FAA, such as an airplane flying too low, there would be no evidence of the violation to inspect. She noted that it seems this would be a very antaganistic neighborhood situation. The projected growth to the west is all the more reason not to approve the proposal so close to the City limits. Bennie Harris, of 3173 Mt. Comfort Road, stated that he objects to the airpark. He noted that pilots are governed, but some do make mistakes. He admitted the potential for increased traffic with a higher density development, but said that cars do not fall on houses, if something goes wrong. There would be a chance for drug trafficing at this airpark. He noted that, if this project is approved over all the objections, there must be something wrong with the system. Joe Terminella, of 466 Wiloughby Road, stated that he lives just north of the Fayetteville Airport for one reason. He lives for airplanes. He stated that as far as drugs, he believes that more drugs have been driven into Fayetteville in motor vehicles than in airplanes. He noted that he supports aviation. Charles Adams stated that an airpark within the City Limits of Fayetteville is a new idea to the people of Fayetteville and a disturbing idea to an overwhelming • • • Planning Commission April 23, 1990 Page 8 majority of the citizens. He stated that, even though it might be a good idea, it isn't accepted by the citizens as a good idea now. He noted that he went to the airpark in Oklahoma, and it was an extremely poor example to give in comparison to the proposed airpark. It was 25 miles outside the City Limits in a remote area on Lake Keystone with only five residences adjoining the airstrip. It is a public airstrip with a blacktop runway 3,000 feet long and has been there for twenty years. He also looked at an airport in downtown Tulsa called the Harvey Young Airport for private planes. These made him realize what kind of activiity that the proposed airpark could generate. If this airpark was allowed, it would be setting a dangerous precedent. The average citizen of modern society does not want the responsibility of being a policemen to protect his rights. Also, there is a possibility of hangars being built on the lots before homes or without homes. There were an estimated 45 people present in oppostion of this proposal and approximately 25 people present in favor. Bobby Harlan, who lives on Sheryl Avenue, stated that he is concerned about the community aspect of Fayetteville. He noted that the intent of Dr. Harris is to create a new type of community not to exclude the existing adjacent surrounding community. The Planning Commission doesn't see the proponderance of the citizens of Fayetteville before them but the interest of two very specific bodies. He asked that the Planning Commission apply fairness and eveness to their deliberation. Karen Springston, of 3008 Mt. Comfort Road, stated that it seems that all the people in favor of this proposal are from outside their community. She stated that, like most of the people in that community, she doesn't want this here. Chairman Hanna advised that they need to close the public hearing because of the time limitation. He stated that both sides were well prepared and have provided a lot of good input and information. MOTION Commissioner Springborn moved to remove this conditional use from the table, seconded by Tarvin. The motion passed 8-0-0. Chairman Hanna stated that they are voting on a conditional use for the airpark and not the preliminary plat. He asked the City Attorney, Jerry Rose, if the conditional use is denied, will Dr. Harris be able to continue to use the airstrip as he is presently using it. Mr. Rose answered, yes, he believed that Dr. Harris could continue to use it as before. However, he noted that he recently received evidence from the staff that it may not be just a non- conforming use, but an illegal use as well. Commissioner Springborn stated that he had been viewing this from the standpoint that all of the gasoline that these potential aircraft would be using would derive from a point away from this area. If there is to be a service station there, it seems that there would be a problem with the zoning. • • Planning Commission April 23, 1990 Page 9 John Merrell, Planning Management Director, stated that he would agree that providing gasoline would create a zoning problem under the R-1 zoning. Commissioner Allred stated that this is about the most difficult decision that he, as a Commissioner, has had to deal with. He noted that it looks like 50% of the citizens are going to be upset no matter what the decision. From the past, it has been the Planning Commission's position to try to consider environmental impact. With this proposal, there are obvious merits for both sides of the issue. He advised that this is better for the enviroment than a subdivision development with more than one -hundred houses as far as the impact on the streets, utilities, infra -structure, etc. Commissioner Cleghorn advised that he isn't against an airpark, but he is struggling with the proposed location. The studies done by Al Raby, Planning Consultant, show this area as a potential growth pattern. If this airpark is developed, it may be in downtown Fayetteville twenty years from now. He noted that they need to consider whether they want an airport that is in the middle of housing. Commissioner Springborn stated that he is very much in favor of this kind of development. However, with the potential for growth in this part of Fayetteville, he is very concerned about having an airstrip surrounded by conventional R-1 development. He stated that heis insympathy with the recommendations from the staff. Commisioner Allred stated that they could approve this on a year trial basis to see if there is any opposition, noise problem, etc. Mr. Merrell stated that he supposed putting a time limit on the initial approval would be available to the Planning Co.u'nission. The downside would be if several people build houses and hangars and then the City revoked the conditional use next year. Commissioenr Cleghorn stated that planes are noisy, but they aren't as loud as the motorcyle that went down the road when they were at the demonstration for noise level. He stated that he isn't sure this location is the best place for an airpark for Fayetteville. MOTION Commissioner Springborn moved to deny the conditional use, seconded by Nickle. The motion passed 5-3-0 with Cleghorn, Clement, Springborn, Cato & Nickle voting "yes" and Tarvin, Allred & Hanna voting "no". Chairman Hanna stated that this denial renders item five on the agenda, preliminary plat of the airpark, moot. • DETERMINATION OF DATE OF SECOND PLANNING COMMISSION MEETING IN MAY The sixth item on the agenda was discussion to determine the date of the second • • Planning Commission April 23, 1990 Page 10 meeting in May. The fourth Monday in May falls on May 28th, which is Memorial Day. Chairman Hanna stated that they have two options: 1) not having a second meeting in May or 2) meeting on Tuesday, May 29th. NOTION Commissioner Allred moved to have the second meeting in May on Tuesday, May 29th, seconded by Tarvin. The motion passed 8-0-0. OTHER BUSINESS Item U1: Commissioner Springborn stated that at the last meeting, there was discussion regarding the difference between a new hearing and a rehearing of a rezoning and the staff was going to get an opinion on that. Becky Bryant stated that she had sent a memorandum to the City Attorney, Jerry Rose, for an opinion. Commissioner Springborn stated that the point he was trying to make was that, if someone applied for a rezoning for five lots which was denied and then decided to petition for a rezoning on only one of the lots, could they come back for a new hearing (not a rehearing). Mr. Rose, City Attorney, stated that generally that would be true. The decision for the Planning Commission would be whether or not there is a substantial change in the application to warrant a new hearing. Chairman Hanna stated that, in his opinion, they couldn't bring it back and ask for the same thing on a lesser amount. Item #2: Commissioner Cleghorn asked what the status is on the 2010 Plan. Mr. Merrell stated that the staff is going to finish up that project in house. He stated that he hopes to have the finalized recommendation in the Scott Linebaugh's office next week. There being no further business, the meeting was adjourned at 7:30 p.m.