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HomeMy WebLinkAbout1990-08-13 Minutes• • • MINUTES OF A MEETING OF THE FAYETTEVILLE CITY PLANNING COMMISSION ayy{j • A meeting of the Fayetteville Planning Commission was held on Taeeedeyy August 13, 1990 in the Board of Directors Room on the second floor of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Fred Hanna, J.E. Springborn, Jack Cleghorn, Gerald Elingaman, J. David Ozment and Joe Tarvin Jerry Allred, Jett Cato and Charles Nickle Becky Bryant, Don Bunn, Elaine Cattaneo, members of the press and others MINUTES: The Minutes of the regular Planning Commission meeting of July 23, 1990 were approved as distributed. Chairman Hanna advised that there was a lot split with a conditional use for a tandem lot submitted to the staff by Mary Van Pelt for this meeting. However, it has been postponed until the next meeting. Also, item #13 (Conditional Use for a Cabinet Shop on Mission Boulevard) has been withdrawn. PUBLIC HEARING - REZONING PETITION R90-19 STEPHEN DAVIS - N OF SYCAMORE, W OF COLLEGE AVE The second item on the agenda was a public hearing for a rezoning petition R90-19 submitted by Stephen Davis for property located on the north side of Sycamore Street, west of College Avenue. The request was to rezone from R-1, Low Density Residential, to R-0, Residential -Office. /4c&J Becky Bryant, Associate Planner, stated that the surrounding land uses are residences, a school and a park. The staff's recommendation is that the rezoning be denied. Steve Gunderson, representing the petitioner, stated that the property is approximately 290' deep and 147' wide. The east boundaries border a piece of property that was recently rezoned to R-0 (the McCandless property). The property on the west consists of a couple of vacant lots and some residential houses. On the southwest corner, this property is bordered by a piece of property zoned R-1.5. This is a large piece of property (one acre) in the middle of a residential area with one house on the far west side. It would be hard to sell this on the residential market as a house site. To the rear of the property is Woodland Junior High School and to the east is R-0 property. The petitioner feels that the best use of this particular property is R-0. He added that they realize it is important to establish boundary lines between different types of zoning. However, they have a boundary already with those residential lots to the west of this property. This is very conducive to the property and the zoning as it flows from College Avenue westward. Chairman Hanna asked if anyone in the audience would like to speak in favor or in opposition of this rezoning request. There being no response, the public hearing was closed. civ • • • Planning Commission August 13, 1990 Page 2 In answer to a question from Commissioner Tarvin, Ms. Bryant stated that the lot located on the northeast corner of Woodland and Sycamore is zoned R-1.5. Chairman Hanna advised that he had asked the staff to hold the length of the oral staff reports down in the interest of shortening the meeting, but he hopes that all the Commissioners did read the staff report. The staff recommended against the rezoning. He added that he understands that the property to the west of this piece of property is mainly rental property. In answer to a question from Chairman Hanna, Me. Bryant stated that she hasn't personally spoken to any of the neighbors about this. She added that there was someone who expressed concerns at the last meeting about the impact of the McCandless rezoning on the neighborhood. She mentioned that there are other possibilities with the R-1 zoning; this property could be split up further. Chairman Hanna stated that he has had some personal experience with R -O property about two blocks north of this. He constructed three office buildings on an acre of property which adjoins an R-1 neighborhood on the west. He advised that he provided screening between his property and the R-1 property so that it didn't impact the neighbors next door. He added that he personally doesn't see an R -O zoning as being particularly damaging. Commissioner Springborn advised that his problem with that view is that an R -O rezoning would be on speculation here. Also, with reference to the already granted R -O for the dance studio, there was a bill of assurance signed in relation to that as he recalls. He added that the character of the neighborhood doesn't seem wholly compatible with R-1. Commissioner Ozment stated that he feels the Mediquik area is a good stopping point for a zoning boundary and would encompass this property, too, if they chose to go along with an R-0 request. Chairman Hanna stated that he understands Commissioner Springborn's point, but he also understands that it is a bit of a problem to market an acre of property with one small house on it in an area like this. It could quite possibly be more of a problem to the neighbors than a well-planned office building. Commissioner Tarvin stated that he understands the staff's recommendation, but he would doubt that anyone would want to build a single-family house adjacent to an R -O zoning and across the street from Mediquik. He added that R-1 would offer a little more buffer to the lots on Woodland Avenue. On the other hand, some sort of low priced single-family housing might be more of an impact to the area than a nice office. Ms. Bryant commented that this property is not across from Mediquik. It is directly across from Gregory Park. Chairman Hanna advised that several years ago they had a committee on the Planning Commission to address the unused property in the developed center section of Fayetteville which would include this area. The suggestion was that they try to encourage the use of these lots, because all of the City's facilities were already in place and paid for. Commissioner Springborn advised that if this rezoning as requested were denied and not appealed to the Board of Directors, it couldn't come back for a year. MOTION • • • Planning Commission August 13, 1990 Page 3 Commissioner Springborn moved to recommend a rezoning of this property to R-1.5. The motion died for the lack of a second. MOTION Commissioner Ozment moved to recommend a rezoning to R -O, Residential -Office, as requested, seconded by Tarvin. The motion failed 4-2-0 with Ozment, Tarvin, Hanna & Klingaman voting "yes" and Cleghorn & Springborn voting "no". MOTION Chairman Hanna moved to recommend a rezoning to R-2, Medium Density Residential. The motion was seconded by Springborn and followed by discussion. In answer to a question from Commissioner Ozment, Ms. Bryant advised that R-2 allows the density of four to twenty-four families per acre and R-1.5 allows up to twelve families per acre. Chairman Hanna asked the petitioner if he had any objections to a vote on R-2 zoning. There being no objections, the motion failed 4-2-0 with Ozment, Tarvin, Hanna and Springborn voting "yes" and Cleghorn & Klingaman voting "no". Chairman Hanna advised the petitioner that this can be appealed to the City Board of Directors. In answer to a question from Commissioner Ozment, Ms. there weren't five positive votes, it is the same as be able to bring this rezoning request back to the period of one-year. Bryant stated that, since -a denial. They would not Planning Commission for a PUBLIC HEARING - REZONING PETITION #R90-20 JEFF ARMSTRONG - W OF WEST AVENUE, N OF DICKSON ST (337 WEST AVENUE) The third item on the agenda was a public hearing for a rezoning petition #R90-20 submitted by Jeff Armstrong for property located on the west side of West Avenue, north of Dickson Street (337 West Avenue). The request was to rezone from I-1, Light Industrial & Heavy Commercial, to C-3, Central Business Commercial. Becky Bryant, Associate Planner, stated that the surrounding land uses are largely commercial. Long term plans for this area are as a vital commercial and entertainment center for the City. The staff believes that this petition is very much in line with such plans and recommends approval of the rezoning as requested. There being no one in the audience wanting to speak for or against this petition, the public hearing was closed. MOTION Commissioner Springborn moved to recommend approval the rezoning as requested, seconded by Tarvin. The motion passed unanimously. WAIVER OF THE SUBDIVISION REGULATIONS - LOT SPLIT #1 JEFF ARMSTRONG - 337 WEST AVENUE The fourth item on the agenda was a waiver of the subdivision regulations - lot split #1 submitted by Jeff Armstrong for property located at 337 West Avenue. Don Bunn, City Engineer, stated that the right-of-way of West Avenue is 40' wide • • • Planning Commission August 13, 1990 Page 4 currently, but the minimum requirement is 50'. Therefore, with a lot split, the ordinances require that additional right-of-way be dedicated so that the street conforms to the Master Street Plan. There would need to a dedication of 5' of right-of-way on this side of the street to bring it into conformance. In answer to a question from Mr. Armstrong, Chairman Hanna advised that a dedication of an additional 5' of right-of-way off of this property would basically put the right-of-way line 5' farther into the property than it was. He added that the building setback from the right-of-way in an I-1 zoning is 25' and 5' in a C-3 zoning. Therefore, if this property is rezoned to C-3, the dedication of right-of-way wouldn't affect them as far as the building setback because the setback requirement is so much less. MOTION Commissioner Springborn moved to approve the lot split as submitted subject to the staff's comments, seconded by Tarvin. The motion passed 6-0-0. PRELIMINARY PLAT OF GREEN MEADOWS ADDITION (REVISED) FLOYD HARRIS & HOWARD SANDERS - S OF MT. COMFORT RD, E OF RUFFLE RD The fifth item on the agenda was a preliminary plat of Green Meadows Addition (Revised) submitted by Floyd Harris & Howard Sanders and represented by Harry Gray of Northwest Engineers for property located on the south side of Mt. Comfort Road and east of Rupple Road. The property is zoned R-1, Low Density Residential, containing 30.4 acres with 86 proposed lots. Don Bunn, City Engineer, advised that a preliminary plat of Green Meadows Addition went through the Plat Review and Subdivision Committee meetings a few weeks ago. This plat is a revision of that preliminary plat with some changes. The change from the original plat basically involve the routing of Salem Road through the subdivision. There were no significant problems identified at either the Plat Review or the Subdivision Committee on this plat. There were comments from some members of the Mt. Comfort community at the Subdivision Committee with the main issue being the proposed layout of Salem Road through the subdivision. The plat shows Salem Road tying directly into the existing Salem Road at the intersection of Mt. Comfort Road and then curving back to the east. From there, it would run directly south staying parallel to the east property line (about 140' to 150' from the line). This is consistent with the recommendation of the staff. The staff feels that the alignment is reasonable and consistent with the Master Street Plan and they recommend that the preliminary plat be approved subject to the Plat Review & Subdivision Committee comments, the eventual approval of water, sewer, streets & drainage plans, a bond or other approved surety for the improvement of Mt. Comfort Road to city street standards, and the restriction of individual lot access to the interior of the subdivision rather than Mt. Comfort Road. Commissioner Tarvin stated that the Subdivision Committee had no further comments. Harry Gray of Northwest Engineers noted that they have worked closely with the staff to provide a satisfactory layout for this preliminary plat. They have no problem with the staff's recommendation. There being no one else in the audience wanting to speak on this item, it was turned over to the Planning Commission. MOTION Commissioner Tarvin moved to approve the preliminary plat subject to the staff's at\ Planning Commission August 13, 1990 Page 5 comments and recommendations, seconded by Ozment. The motion passed 6-0-0. FINAL PLAT OF FIESTA PARK ADDITION - PHASE III BMP DEVELOPMENT - N OF DRAKE ST, W OF COLLEGE AVENUE The sixth item on the agenda was a final plat of Fiesta Park Addition - Phase III submitted by BMP Development and represented by Harry Gray of Northwest Engineers for property located on the north side of Drake Street, west of College Avenue. The property is zoned R-2, Medium Density Residential, containing 4.98 acres with 26 proposed lots. Don Bunn, City Engineer, stated that the staff recommends approval of the final plat subject to Plat Review & Subdivision Committee comments, a notation on the plat that it will be developed as single-family residences only, the execution of a contract with the City for the unfinished portions of the public facilities within the subdivision, and the filing of subdivision covenants, if any. Commissioner Tarvin stated that the Subdivision Committee has no further comments. Harry Gray, representing the developers, stated that the covenants for phases I & II also cover this phase. The book and page number of the covenants is on the plat. He stated that he will put a notation on the plat regarding single-family development. MOTION Commissioner Tarvin moved to approve this final plat subject to the staff's recommendations, seconded by Cleghorn. The motion passed 6-0-0. FINAL PLAT FOR STONEBRIDGE SUBDIVISION LARRY ROBBINS - W OF STONEBRIDGE RD, N OF HUNTSVILLE ROAD The seventh item on the agenda was a final plat for Stonebridge Subdivision submitted by Larry Robbins and represented by Dave Jorgensen of Jorgensen & Associates Engineers for property located on the west side of Stonebridge Road, north of Huntsville Road. The property is zoned R-1, Low Density Residential, containing 4.17 acres with 11 proposed lots. Don Bunn, City Engineer, stated that the staff recommends approval of the final plat subject to the Plat Review & Subdivision Committee comments, the filing of the subdivision covenants, the execution of a contract with the City for the unfinished public improvements, and some surety for the off-site improvements on Stonebridge Road. He advised that they have run into some difficulty getting a bond executed for off-site improvements. The staff has worked with several different developers trying to come up with an alternative. Commissioner Tarvin stated that the Subdivision Committee had no further comments. Dave Jorgensen, representing the developer, stated that they have no problem with the staff's recommendations. However, they would like to work out the problem with the bond or surety for the off-site improvements as soon as possible. MOTION Commissioner Tarvin moved to approve the final plat subject to the staff's recommendations, seconded by Ozment. The motion passed 6-0-0. qs • • • Planning Commission August 13, 1990 Page 6 FINAL PLAT OF SKYLINE ESTATES DALLAS & DES WRIGHT - E OF COUNTRY CLUB DR, S OF E. 28TH CIRCLE The eighth item on the agenda was a final plat of Skyline Estates submitted by Dallas & Dee Wright and represented by Dave Jorgensen of Jorgensen & Associates Engineers for property located east of Country Club Drive and south of East 28th Circle. The property is zoned R-1, Low Density Residential, containing 8.40 acres with 15 proposed lots. Don Bunn, City Engineer, stated that the staff recommends approval of this final plat subject to the Plat Review & Subdivision Committee comments, the execution of a contract with the City for the unfinished public improvements and the filing of the subdivision covenants. He advised that there is an effort being made by the developers to get one of the street names changed from "E. 30th Circle" to "Wright Place". Commissioner Tarvin stated that the Subdivision Committee had no further comments. Dave Jorgensen, representing the developers, stated that they have no problem with the staff's recommendations. He added that the street name issue will be resolved before this plat is recorded at the Court House. MOTION Commissioner Tarvin moved to approve this final plat subject to the staff's recommendation and the resolution of the street name to the staff's approval, seconded by Springborn. The motion passed 6-0-0. FINAL PLAT OF MEADOWRIDGE SUBDIVISION J. B. HAYS - W OF OLD MISSOURI RD, N OF JOYCE ST The ninth item on the agenda was a final plat of Meadowridge Subdivision submitted by Dave Jorgensen of Jorgensen & Associates Engineers on behalf of J.B. Hays for property located on the west side of Old Missouri Road, north of Joyce Street. The property is zoned R-2, Medium Density Residential, containing 6.93 acres with 22 proposed lots. Don Bunn, City Engineer, stated that the staff recommends approval of this final plat subject to Plat Review & Subdivision Committee comments, the execution of a contract with the City for the unfinished public improvements, the filing of subdivision covenants and a bond or other approved surety for the off-site improvements on Old Wire Road. He advised that this will be developed as an R-2 development. Commissioner Tarvin stated that the Subdivision Committee had no further comments. Dave Jorgensen, representing the developer, stated that they have no problems with the staff's recommendation. He noted that the developer would like to develop duplexes on these lots with possibly some apartments on lots 15 & 16. MOTION Commissioner Tarvin moved to approve this final plat subject to the staff's recommendation, seconded by Cleghorn. The motion passed 6-0-0. • • Planning Commission August 13, 1990 Page 7 FINAL PLAT OF BROOKHOLLOW FIRST ADDITION ERC PROPERTIES - N OF STEARNS ST, W OF OLD MISSOURI RD The tenth item on the agenda was a final plat of Brookhollow First Addition submitted by ERC Properties and represented by Tom Hopper of Crafton, Tull & Associates for property located on the north side of Stearns Street, west of Old Missouri Road. The property is zoned R-2, Medium Density Residential, containing 7.22 acres with 25 proposed lots. Don Bunn, City Engineer, advised that this plat went to Plat Review last Thursday, but did not go to a Subdivision Committee meeting. There didn't seem to be any problems associated with any of the easements. The staff recommends approval of this final plat. Tom Hopper, representing the developers, stated that all the improvements are in place with the exception of jointing some of the concrete streets which will be done on the first dry day. In answer to a question from Commissioner Klingaman, Mr Hopper advised that the shaded half was the first phase that was filed and the second half is what is being filed now. He added that they plan to develop the property with single- family dwellings only. MOTION Commissioner Ozment moved to approve the final plat subject to the Plat Review comments and staff's comments, seconded by Tarvin. The motion passed 6-0-0. CONDITIONAL USE FOR SELF -STORAGE UNITS DALE CAUDLE - E OF RUPPLE RD, N OF WEDINGTON DR The eleventh item on the agenda was a conditional use for self -storage units submitted by Dale Caudle for property located on the east side of Rupple Road, north of Wedington Drive. The property is zoned C-2, Thoroughfare Commercial, and contains 3.5 acres. Becky Bryant, Associate Planner, advised that the Planning Commission rezoned this property from A-1 to C-2 on July 9th: As before, the staff isn't in favor of a commercial operation at this location. However, the Bill of Assurance that has been signed by the developers, restricting the use of the land to self - storage units and restricting access to Rupple Road plus the tree -protection plan does resolve many of the staff's concerns. Jeff Caudle, representing Dale Caudle, stated that they are aware of the restrictions on the property and the tree preservation plan and have no problems with them. In answer to a question from Commissioner Klingaman, Mr. Caudle stated that they have a firm understanding in regard to the tree preservation plan that a percentage of the number of trees on the property will be maintained. Becky Bryant advised that a Bill of Assurance was signed as part of the rezoning; it details the tree preservation plan. MOTION Commissioner Ozment moved to grant the conditional use, seconded by Klingaman. The motion passed 5-1-0 with Ozment, Cleghorn, Tarvin, Hanna & Klingaman voting "yes" and Springborn voting "no". al • • • Planning Commission August 13, 1990 Page 8 CONDITIONAL USE FOR A HOME OCCUPATION IN R-1(PET GROOMING) KATHLEEN MCCLAIN - 2340 E HUNTSVILLE RD The twelfth item on the agenda was a conditional use for pet grooming submitted by Kathleen M. McClain for property located at 2340 East Huntsville Road and zoned R-1, Low Density Residential. Becky Bryant, Associate Planner, advised that this property lies just east of the Mhoon Beef Company. The petitioner is requesting the use of this property for a pet grooming operation. The staff is recommending approval of the conditional use contingent upon compliance with the zoning ordinance and upon no outdoor kenneling of pets at all. There is also the issue of retailing pet products that needs to be addressed. Retail sales are not generally advisable in home occupations because of the potential for much higher traffic volume. Kathleen McClain stated that she understands the concern regarding the retail sales. As far as retail sales, it was her intention to just carry such things as shampoos, brushes, combs and collars for sale to her grooming clients for a boost in income if that were allowed. As far as not keeping the pets outdoors, she advised that her purpose in grooming the pets is to get them clean and keep fleas off of them. Therefore, they will be kept indoors in crates at all times with the exception of occasionally taking a animal out on a choke chain to go to the bathroom. Chairman Hanna stated that the staff's concerns were on the promotion of the sales of retail products. He added that he doesn't imagine there would be any objection to her selling her clients shampoo to go with the grooming. In answer to a question from Commissioner Klingaman, Ms. McClain stated that she spoke with the neighbors to the east of her and they do not object to this. She also spoke with Mr. Osburn, who lives two lots over, who had no problems with it. She advised that she has two acres of property with about 1/4 of acre strip between her and the Mhoon Beef Company. MOTION Commissioner Tarvin moved to approve this conditional use, seconded by Klingaman. The motion passed 6-0-0. CONDITIONAL USE FOR A CABINET SHOP DORWIN KILGORE - 525 MISSION BLVD The thirteenth item on the agenda was a conditional use for a cabinet shop submitted by Dorwin Kilgore for property located at 525 Mission Boulevard. The property is zoned R-1, Low Density Residential. This item was withdrawn by the applicant. WAIVER OF THE SUBDIVISION REGULATIONS - LOT SPLIT #1 KIRK ELSASS - SE CORNER OF HWY 112 & 71 BYPASS The fourteenth item on the agenda was a waiver of the lot split #1 submitted by Kirk Elsass for property corner of Highway 112 and the 71 Bypass. The Thoroughfare Commercial. Don Bunn, City Engineer, stated that the original tract is 6.82 acres with the proposed split consisting of .99 acres. Water and sewer is available at the site. The staff recommends that the owner contact the other utilities to see if they need any additional easements. He advised that since the tract of land subdivision regulations - located on the southeast property is zoned C-2, etb • • Planning Commission August 13, 1990 Page 9 would be less than one acre, it wouldn't come under the large scale development regulations. He speculated that the developer might be trying to avoid the the large scale development process by sizing the lot that way. The staff recommends approval of the lot split. He noted that there may be a sidewalk required on Highway 112. In answer to a question from Commissioner Klingaman, Kirk Elsass advised that this is an odd shaped piece of property and they plan to put together a subdivision on the remaining tract. The purpose of the split is to provide funds off of the smaller tract to go toward developing the remainder into a subdivision. In answer to a question from Chairman Hanna, Mr. Elsass stated that they propose to build a 5,000 square foot building with an addition of 3,000 square feet at a later date. He added that this will be an office/retail with assembly of hats, shirts, etc. He noted that he doesn't know the exact details of what they do. Commissioner Klingaman stated that with the planning study last summer, this intersection was designated as an area with high visibility and a premium location. He noted that he is concerned the development that has taken place out there so far seems to be of a temporary nature. He advised this ought to be addressed since that is a major access point to the university. Chairman Hanna stated that they will have to address those issues as this develops. This particular property will not come through the large scale development process, but the rest of it will. 'MOTION Commissioner Tarvin moved to approve the lot split, seconded by Ozment. The motion passed 5-1-0 with Ozment, Cleghorn, Tarvin, Hanna & Springborn voting "yes" and Rlingaman voting "no". WAIVER OF THE SUBDIVISION REGULATIONS - LOT SPLIT #2 DAVE FULTON - NW CORNER OF S COLLEGE DR & E 29TH CIRCLE The fifteenth item on the agenda was a waiver of the subdivision regulations - Lot Split #2 submitted by Dave Fulton on behalf of Esther Taylor for property located on the northwest corner of South College Drive & East 29th Circle. The property is zoned R-1, Low Density Residential. Don Bunn, City Engineer, stated that the piece of property that is proposed to be split off is actually a lot in the part of Country Club Estates that was not finaled with the rest of the subdivision. The property contains .54 acres intended for residential use. All the utilities are available to the lot and the staff recommends that the split be approved. In answer to a question from Chairman Hanna, Mr. Bunn stated that the original tract contains 16.9 acres and the piece being split off will contain .54 acres which would be the approximate size of the lot next to it. In answer to a question from Commissioner Tarvin, Mr. Bunn advised that this is the second split on this property due to the splitting off of a lot across South College Drive from this. Dee Wright asked what covenants this lot would fall under. Mr. Fulton stated that it would fall under the covenants for Country Club Estates. MOTION Commissioner Cleghorn moved to approve the lot split, seconded by Ozment. The motion passed 6-0-0. qq