Loading...
HomeMy WebLinkAbout1990-11-26 Minutes• • • • • MINUTES OF A MEETING OF THE FAYETTEVILLE CITY PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, November 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: MEMBERS ABSENT: OTHERS PRESENT: Fred Hanna, J.H. Springborn, Jerry Allred, Gerald Klingaman, Joe Tarvin, Charles Nickle, Jack Cleghorn and Jana Lynn Britton Jett Cato Don Bunn, Elaine Cattaneo, members of the press and others MINUTES The minutes of the Planning Commission of November 13, 1990 were approved as distributed with one correction. Commissioner Britton noted that on page 10 in the third paragraph from the bottom it should read that the trees in question are on the "north" side of the property and not the "south". PRELIMINARY PLAT OF BROOKHOLLOW - PHASE III JERRY SWEETSER - OFF OF FRAZIER TERRACE, W OF OLD MISSOURI RD The second item was a preliminary plat of Brookhollow - Phase III submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Jerry Sweetser for property located off of Frazier Terrace on the west side of Old Missouri Road. The property is zoned R-2, Medium Density Residential, containing 5.81 acres with 19 proposed lots. Commissioner Tarvin advised that the Subdivision Committee met and discussed this preliminary plat at their latest meeting. The only comment that they had was regarding the tandem lots. As he recalls there was no problem with that. Dave Jorgensen, representative, stated that according to the staff's report, this subdivision has been recommended for approval subject to the Plat Review & Subdivision Committee comments; approval of water, sewer, streets, & drainage plans; construction of sidewalks; and maintaining the 25' access easement requirement for each tandem lot for a total of 50'. He noted that this property was recently submitted and approved as a preliminary plat of "Cambray Subdivision". However, the developer has resubmitted it to change the subdivision name and to replat a portion of it to add four additional lots. He stated that ERC Properties has purchased this property and wanted smaller lots. He stated that there is a large Ozarks Electric easement just north of lots 9 & 10 which restricts them from extending this development any farther north. On the west side there is a creek and on the east side is the Meadowridge Subdivision. Mr. Jorgensen stated that they have no problems with any of the staff's requirements except the developer would like to be allowed to have a 15' access easement for each tandem lot for a total of 30' instead of 50'. He asked that they take into account that it is only 110' back to the tandem lots from the street. / ye • • • • Planning Commission November 26, 1990 Page 2 Commissioner Springborn clarified that the two tandem lots would have a 30' wide common driveway. Mr. Jorgensen agreed. He added that it would be probably written in the covenants. Commissioner Britton asked what width of the access easement would be paved. Mr. Jorgensen stated that it would most likely be 24' or 25' wide. She asked if the cul-de-sac discussed by the staff would all be paved. Mr. Jorgensen stated that they plan to construct a normal sized cul-de-sac, and there would not be an island in the middle of it. In answer to Commissioner Klingaman, Mr. Jorgensen stated that they would probably need to note in the covenants that the owners would be responsible for maintaining their driveways. Mr. Jorgensen stated that he has discussed whether the private drive back to the tandem lots would need a name with the Water Meter Division. They had stated that at this particular point they wouldn't request a name. However, they wanted to reserve commitment on that until they found out how much problem it would be for mail delivery. Commissioner Britton asked if it would be possible the way the covenants are written for lots 7 or 8 to access that private driveway. Mr. Jorgensen stated that would probably be possible. Commissioner Allred stated that if they look at it that way, lots 7 & 8 would have to be considered corner lots and have the setbacks for corner lots which would limit the building area tremendously. In answer to a question from Commissioner Allred, Mr. Jorgensen stated that they wouldn't be opposed to restricting access to lots 7 & 8 from Frazier Terrace. Chairman Hanna questioned whether the Planning Commission had the authority to reduce the 25' access requirement for each tandem lot down to 15'. Commissioner Springborn stated that he recalls the Planning Commission approving a similar situation for a common driveway to serve two back lots about a year ago. In answer to a question from Commissioner Tarvin, Mr. Jorgensen stated that a water service line will be the only utility in the access drive. MOTION Commissioner Tarvin moved to grant approval subject to the Plat Review & Subdivision Commission comments, staff recommendations, and to reducing the access for lots 9 & 10 from 50' to 30' on the basis that the ordinance gives the Planning Commission the authority to do that as determined by the staff, seconded by Allred. The motion passed 8-0-0. LARGE SCALE DEVELOPMENT PLAN FOR OFFICE & WAREHOUSE PAT PINNELL - 1030 BEECHWOOD AVENUE The third item on the agenda was a large scale development plan for an office and warehouse submitted by Pat Pinnell and represented by Neal Albright, Engineer, on property located at 1030 Beechwood Avenue. The property is zoned I-1, Light Industrial -Heavy Commercial containing 2.47 acres. Commissioner Tarvin stated that the questions and comments at the Subdivision Committee meeting were limited mostly to the number of parking spaces and he understands that has been taken care of. In addition, the question was brought up as to whether the gravel area adjacent to the dumpster would be sufficient for a garbage truck to turn around and approval was conditioned on that. There was also a property line dispute question on the north side of the property which was C// • • • • • Planning Commission November 26, 1990 Page 3 in the process of being resolved. Mr. Albright stated that it hasn't been resolved but they will not apply for a building permit unless the building sets back the required distance from the questionable area. He added that it will either be resolved or they will shift the building 10' to the south and reduce the width if necessary. Chairman Hanna noted that parking would have to be changed if the building is shifted. Mr. Albright stated that the staff report recommends that they be required, in the way of off-site improvements, to widen their half of the street to 15.5' including curb & gutter and storm drainage for the length of the frontage on Beechwood Avenue. They are willing to participate in that, but they feel that intermittent improvements aren't very practical so they would like to defer that until such time that the whole street could be taken care of. Mr. Bunn stated that the staff doesn't' have an objection to that. MOTION Commissioner Tarvin moved to approve the large scale development plan subject to the Plat Review & Subdivision Committee comments, staff recommendations, and a bill of assurance on the off-site improvements; seconded by Allred. The motion passed 8-0-0. LARGE SCALE DEVELOPMENT PLAN FOR CHURCH YOUTH CTR & CLASSROOMS & CONDITIONAL USE FOR A CHURCH IN AN R-0 ZONE UNIVERSITY BAPTIST CHURCH - S OF LAFAYETTE, E OF WEST AVE The fifth item on the agenda was a large scale development plan submitted by University Baptist Church and represented by Gary Carnahan for a youth center and• classrooms on property located south of Lafayette and east of West Avenue. The property is zoned R-0, Residential -Office. Don Bunn, City Engineer, stated that none of the utility companies had any problems with this. There was an easement requested along Watson Street which was agreed to. That easement needs to be granted by a separate instrument. It was determined that parking was adequate. The staff recommends approval of the large scale development contingent on approval of the conditional use. Commissioner Tarvin stated that this large scale development was discussed in the Subdivision Committee meeting and there were no problems. Gary Carnahan, representative, stated that they feel that they will be providing a positive and attractive place for the youth in Fayetteville to have a youth center on their church property. They feel that this building will be an improvement to that property over the old houses that were there before. Commissioner Britton asked if there would be any pedestrian access from Watson Street. Mr. Carnahan stated that it could be accessed from that direction, but the access is intended to be from the existing church parking lot on the other side of the property. There will be no doors on the Watson side of the building. MOTION Commissioner Tarvin moved to approve this large scale development and conditional use request subject to the Plat Review & Subdivision Committee comments and the staff recommendations, seconded by Nickle. The motion passed 8-0-0. • Planning Commission November 26, 1990 Page 4 WAIVER OF THE SUBDIVISION REGULATIONS - LOT SPLIT #1 LESLIE GOODMAN - 608 SEQUOYAH DRIVE The sixth item on the agenda was a waiver of the subdivision regulations - lot split submitted by Leslie Goodman for property located at 608 Sequoyah Drive. The property is zoned R-2, Medium Density Residential, containing 5.81 acres with 19 proposed lots. Don Bunn, City Engineer, stated that the original property contains 1.06 acres and the property•is to be split with approximately .80 acre on one tract and .26 acre on the other tract. This property is not contained within any subdivision. However, it is very close to Crest Drive. At the last Planning Commission meeting, there was a lot split and tandem lot application on Crest Drive that was denied. This subject property is on the first street west of Crest Drive. Both lots that will be created by the split are legal lots considering the R-1 zoning. Utilities are available to both tracts off of Sequoyah Drive. It is the staff's recommendation that the lot split be approved subject to the payment • of parks fees and construction of a sidewalk along both properties in accordance with the Master Sidewalk Plan. In answer to a question from Chairman Hanna, Mr. Bunn stated that the existing house would be on the .26 acre tract. In answer to a question from Commissioner Tarvin, Mr. Bunn stated that he isn't sure that house shown just to the north of this even exists. If it does he thinks it has the proper setbacks. • Commissioner Tarvin stated that he had a hard time finding this property. Mr. Goodman advised that this property is right at the crest of the hill. He added that the purpose of the split is to build another house slightly farther back than the existing house on the larger tract of land. Chairman Hanna stated that he is concerned that someone might try to split this again with a tandem lot situation. Mr. Goodman stated that they intend to place the house on the east side of the slope back beyond the existing house. Therefore, there wouldn't be room to do a tandem lot. He noted that there is an • existing house to the north, but it appears to meet the setback requirement. Mr. Goodman stated that, in regard to the recommendation by the staff that a sidewalk be installed, there are no existing sidewalks on Sequoyah Drive. He noted that currently the entire street has a gully with culverts for each of the existing driveways. He advised that he has no problems with putting in a sidewalk and is aware that it is required by the Master Sidewalk Plan. However, he asked if it would be his responsibility to do the grade work and fill that trench in order to install a sidewalk. • Mr. Bunn stated that he wouldn't think it would be necessary to fill the ditch, although he would have to take a look at it. It is not the City's intent to require him to do storm drainage along there. Mr. Goodman stated that he would have no problem with submitting a letter of assurance that they would install a sidewalk when the City got it to a point where that would be feasible. Commissioner Tarvin stated that they might find that in order to get out of the ditch, they might have to build the sidewalk on their property rather than on the right-of-way. Mr. Goodman stated that putting a sidewalk 10' to 15' feet up into the yard doesn't seem that it would enhance the street at all. Mr. Bunn stated that it has been the practice recently to require the y3 • • • • • Planning Commission November 26, 1990 Page 5 construction of a sidewalk rather than a bill of assurance. However, he is sure John Merrell, Planning Management Director, wouldn't have a problem in taking a look at this particular situation to make a decision about whether it is feasible at this time. In answer to a question from Commissioner Allred, Mr. Bunn stated that if they signed a bill of assurance, the City could call it when they decided a sidewalk is needed. In answer to a question from Commissioner Tarvin, Mr. Goodman stated that the adjoining property owners haven't been notified of this lot split application to his knowledge. He added that he has talked to the neighbors on all sides at one time or the other and they are aware of the plans to construct another house here. Mr. Bunn advised that there is no notification required on lot split applications. Commissioner Britton stated that it bothers her that there is no requirement to notify the adjoining property owners on these applications so that they have a say before it happens. Chairman Hanna agreed and stated that policy needs to be looked into when the new ordinances are developed. MOTION Commissioner Springborn moved to approve the lot split subject to the staff's comments with the provision that a bill of assurance be signed on the sidewalk if it is not feasible to construct it now to be determined by Don Bunn or John Merrell, seconded by Allred. The motion passed 8-0-0. WAIVER OF THE SUBDIVISION REGULATIONS - LOT SPLIT #1 ODETTA FRITZ - 3600 HUNTSVILLE ROAD The seventh item on the agenda was a waiver of the subdivision regulations - lot split submitted by Odetta Fritz for property located at 3600 Huntsville Road. The property is R-1, Low Density Residential. Don Bunn, City Engineer, stated that the original tract is 4.5 acres and the proposal is to split the tract into two lots with one containing 4 acres and one containing .5 acres. Both lots being created are legal lots in an R-1 zone. He noted that there was a question about whether this had to go to the County for approval since most of the property lies in the county. It was determined that this doesn't have to be approved by the County since the area that is being split off is within the City. The staff recommends approval of the split subject to the payment of the parks fees and construction of a sidewalk along Highway 16 in accordance with the Master Sidewalk Plan. Odetta Fritz stated that there aren't any sidewalks along that Highway anywhere. Also, if the highway is made wider, the sidewalk would be torn out. Mr. Bunn stated that there is always a possibility of the sidewalks being relocated or taken up when widening is done. It has been the policy to recommend construction of sidewalks rather than bills of assurances. No existing sidewalks in the neighborhood is a valid argument. But if they went by that, they might never get sidewalks constructed. Chairman Hanna asked what the practice of the State is when they widen a highway as far as the sidewalk. Would it be replaced? Mr. Bunn stated that they generally replace whatever they take out. Commissioner Britton noted that they approved a rezoning for the Video Store on East Huntsville. She asked if it was required that they put in a sidewalk. Mr. Bunn answered that construction of sidewalks is a requirement of the • • • • Planning Commission November 26, 1990 Page 6 subdivision regulations of which lot splits are a part. Commissioner Britton stated that the gas station next to the video store doesn't have a sidewalk and she is concerned that they should play fair. Mr. Bunn stated that they both should have been required to put in a sidewalk. Therefore, this should have been caught at the time a building permit is applied for. He added that the staff will check into why the sidewalks aren't in at these locations. Mrs. Fritz advised that their isn't a sidewalk in front of the trailer park out this way and the family that built across the highway from her a year ago didn't construct a sidewalk. Chairman Hanna stated that it is possible that a bill of assurance for a sidewalk was signed on the properties they are discussing. If'that is the case, he feels that a bill of assurance for construction of a sidewalk at the call of the City would be appropriate in this case as well. Mr. Bunn stated that he didn't think the staff would have any objection to that if it is the Commission's decision. Commissioner Springborn explained to Mrs. Fritz that if she signs a bill of assurance and the City never elects to construct a sidewalk, she has in affect gotten a waiver. Mr. Fritz stated that this property is about three miles outside the City and the sidewalk would have to be put about 20' off the highway. There aren't' any sidewalks out there at all. Commissioner Springborn stated that he remembers running across this situation not long ago where they waived the sidewalk requirement. Commissioner Allred stated that he recalls that one was on Wedington. It was a corner lot situation where the sidewalk was required on two sides of the property and they waived a sidewalk requirement on the Wedington Drive side. Commissioner Britton stated that it seems more practical that all the sidewalks be built at the same time so that they match up. Commissioner Springborn stated that he would be in favor of a waiver of the sidewalk requirement in this case. MOTION Commissioner Springborn moved to approve the lot split subject to the staff's comments with a waiver of the sidewalk requirement. There motion died for the lack of a second. MOTION Commissioner Allred moved to grant the lot split subject to the staff's comments with one exception that a bill of assurance be executed on the sidewalk to be constructed at the call of the City, seconded by Nickle. The motion passed 8-0- 0. Chairman Hanna stated that if the City called the bill of assurance, the staff would have to inspect the location to make sure construction of a sidewalk is feasible. There being no further business, the meeting was adjourned at 5:50 p.m.