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HomeMy WebLinkAbout1992-01-27 Minutes• • }..Vo C . }AMPIts-'i- Z dLIL.c Io s,no,..3 MINUTES OF A MEETING OF THE FAYETTEVILLE CITY PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, January 27, 1992 in the Board of Directors Room on the second floor of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Jana Lynn Britton, Tom Suchecki (arrived late), J. E. Springborn, Jerry Allred, Joe Tarvin, Kenneth Pummill, Charles Nickles and Jett Cato MEMBERS ABSENT: OTHERS PRESENT: Jack Cleghorn Alett Little, Don Bunn, Sharon Langley, members of the press and others Mr. Allred called the meeting to order and introduced Mr. Kenneth Pummill, the newest member to the Planning Commission, and Jack Springborn, a returning member to the Planning Commission. He further explained there was also another new member, Tom Suchecki, who had not yet arrived. He also introduced the staff members. MINUTES The minutes of the Special Planning Commission meeting of December 3, 1991 and Regular Planning Commission meeting of December 9, 1991 were approved as distributed. Mr. Allred explained that, since the Commission had not meet at their regular meeting on January 13, 1992 due to inclement weather, they would first hear those items scheduled for the January 13th meeting and then hear the items scheduled for the January 27th meeting. REZONING REQUEST R92-1 RICHARD MAYES & E. D. MAYES - 1641 N LEVERETT The next item on the agenda was a request presented by Dave Jorgensen on behalf of Richard Mayes and E. D. Mayes for property located at 1641 N. Leverett. The request is to rezone R-2, Medium Density Residential to C-2, Thoroughfare Commercial. Ms. Little explained the subject property was occupied by Mayes Auto, a non- conforming use in an R-2 zone. She stated the properties to the west and south are also zoned R-2, while properties to the east are zoned R-1, R-2 and C-1. She further noted land uses in the area were residential since the parcel zoned C-1 had not developed as commercial property. Ms. Little informed the Commission that the City of Fayetteville was in the process of acquiring right-of-way for improvements to both Sycamore and Leverett Streets. She stated Sycamore Street was a scheduled project in 1993. She noted Leverett Street was also planned but was not a currently scheduled project. Ms. Little explained that acquisition of right-of-way for Sycamore Street would cause the demolition of 16.5 feet of the Mayes Auto building on the north. She further explained that, when the building was constructed, the subject property was zoned industrial but with the passage of the 1970 zoning ordinance, it became a non- conforming use. She stated Mayes Auto had operated in the present location for over 40 years. • • • Planning Commission January 27, 1992 Page 2 Ms. Little stated Mayes Auto was requesting rezoning of the lots at 1639 and 1641 N. Leverett from R-2 to C-2 to allow for replacement construction. She explained the right-of-way acquisition would result in loss of the use of the present facility. Ms. Little explained the rezoning request had come to the Planning Commission as a direct result of City action to acquire right-of-way to widen Sycamore and Leverett Streets. She further stated her original recommendation, which . accompanied their agenda packet, was to deny the rezoning to C-2. She explained she had done further research in the meantime and found the City had a history of allowing this type of rezoning so long as the owner entered into a Bill of Assurance that the rezoning would be limited to the reconstruction of the present business. She stated her recommendation was to rezone the property to C-2 with a Bill of Assurance from the Mayes that they would reconstruct their present business for continuing the same type of occupation and the rezoning would be for the life of the continuation that business. In response to a question from Ms. Britton, Ms. Little explained Section 160.141 read as follows: "Any use which is permitted as a conditional use in a district under the terms of this chapter (other than a change through Planning Commission action from a nonconforming use to another use not generally permitted in the district)...11She stated her belief that the Planning Commission did have authority to authorize the continued non-conformance use. Mr. Nickle asked what the zoning would revert to should the business fail to continue operation. Ms. Little stated it would revert to R-2, the current zoning. Mr. Tarvin asked if the Mayes would have the option of selling the business and another business continue on the premises. Ms. Little stated the Mayes could not sell the business unless it was continued as the same type of business. She explained the business was currently a non- conforming use and had been since passage of the 1970 zoning ordinance. Mr. Dave Jorgensen appeared before the Commission and asked if the business would be conforming in C-1 zoning. Ms. Little stated it would not. Mr. Jorgensen explained that Mr. Mayes had established the subject business when the surrounding land was agricultural. He stated the business had been in operation for approximately 40 years. He further stated that, by the City widening the street and taking 16.5 feet of Mr. Mayes property, Mr. Mayes would either have to rebuild or go out of business. Mr. Richard Mayes stated he was hesitate to re -construct the building unless it was properly zoned. He further stated his other options were to either quit business or move. Mr. Gary King appeared before the Commission representing five of his family members, all property owners immediately to the south of the subject property. He stated they were not opposed to the rezoning of the garage portion of the property but were opposed to rezoning the area where a house was located. Ms. Little explained the house, located at 1639, would have to be removed and the property rezoned in order for the garage to meet the setbacks. Planning Commission January 27, 1992 Page 3 Mr. King stated that to rezone the single family house would change the character of the neighborhood. He further stated he could appreciate the position the city was in but did not think the solution should involve the remainder of the neighborhood. Mr. Jerry Sweetser appeared before the Commission and explained he owned the property diagonally across the street from the subject property and considerable property on Leverett. He stated the garage was Mr. Mayes livelihood. He further stated he was in favor of the rezoning. Mr. Allred asked if the property were rezoned to C-2 if screening would be required and a dustless surface for the parking area would be required. Ms. Little stated both would be required. Mr. Springborn asked what the setbacks would be for C-2. Ms. Little explained the property was located on a corner. She further explained when a corner property was involved the two fronts would be 50 feet and the two sides would be 15 feet. She explained that R-2 property would require 25 feet for the two fronts and 8 feet for the two sides. She further pointed out that, should Mr. Mayes choose to landscape, the front setbacks could be reduced by 50%, making the setbacks 25 feet. In response to a question from Mr. Tarvin, Mr. Jorgensen explained they would have to tear down the house in order to meet the setbacks. MOTION Mr. Cato moved to rezone the property contingent upon the owner signing a Bill of Assurance that, should the business cease to be an auto shop, the zoning of the property would revert to R-2. Mr. Tarvin seconded the motion. Me. Britton expressed her belief it was unfair to Mr. Mayes to encourage him to expend capital on a piece of property that at some time would revert back to R-2. Mr. Allred pointed out the Commission could re-evaluate the zoning at that point in time. Mr. Springborn stated he saw two problems -- the first was to look out for Mr. Mayes and see that he could continue his business but it was also the Commission's obligation to protect the value of the adjoining property owners. He stated one would have to take precedence over the other. Ms. Britton stated she would not have an objection if the property were to be zoned neighborhood commercial but she did not believe the rezoning was in the best interest of the City. Mr. Allred pointed out the Commission's options were to either rezone it C-2 or not allow Mr. Mayes to rebuild. Mr. Springborn suggested they allow Mr. Mayes to continue doing business under the non -conforming use. Mr. Allred stated the ordinance would not allow anyone to add to a non -conforming use. He also pointed out that, if this business were going to have a negative impact on the neighborhood, it would have done so during the last 40 years. He expressed his belief that the business would help the neighborhood. • Planning Commission January 27, 1992 Page.4 The motion passed 5-2-0 with Commissioners Nickle, Allred, Pummill, Tarvin, and Cato voting "yes" and Commissioners Springborn and Britton voting "no". Mr. Suchecki joined the meeting. REZONING REQUEST R92-2 MIKE PRICE - NORTH OF 6TH ST., WEST OF SHILOH DR. The next item to be heard was a request for rezoning submitted by Mike Price on behalf of Sam Mathias for property located north of the lot at 2724 West 6th Street, containing 3.40 acres. The request is to rezone from R-2, Medium Density Residential, to C-2, Thoroughfare Commercial. Ms. Little stated the subject property was occupied by a vacant commercial building formerly used as an antique market She explained the property was also located west of Shiloh Drive and fronted on Rutledge Drive. She stated the subject property was zoned R-2, Medium Density Residential, with property to the north zoned A-1, the east zoned R -O and C-2, to the south was A-1 and to the west was R-1 and A-1. She explained the surrounding land use was residential. Ms. Little stated the property owners planned to demolish the current structures which front on Sixth Street and to construct on the entire parcel of 4.5 acres a facility for storage. She explained that three of the five adjoining landowners had stated their preference that the property be developed as mini - storage as opposed to apartment units and had requested by petition that Mr. Mathias provide a Bill of Assurance that the land would be used to build a mini - storage facility only. Ms. Little explained the petitioner had requested the rezoning to achieve compatible zoning with the remainder of his property and to allow development of the two parcels as one. She recommended approval of the rezoning request. She explained that the proposed project would require Large Scale Development, allowing staff to address any problems at that time. Mike Price appeared before the Commission and explained that, while the property to the north was zoned A-1, it did contain a commercial structure. He also noted there was commercial property to the south. Ms. Little stated there were both residential and commercial areas across the highway from the property. Mr. Price explained Mr. Mathias had offered a Bill of Assurance that only mini - storage units would be constructed. He further explained they would provide screening from the adjoining properties. In response to a question from Mr. Allred, Ms. Little stated mini -storage units were found under Use Unit 21 - Warehousing and Wholesale which was permissible under C-2 with a conditional use. She also stated Use Unit 21 was permitted by right under I-1 and I-2. MOTION Mr. Nickle moved to approve the rezoning to C-2 with a Bill of Assurance that only mini -storage units would be constructed. Mr. Springborn seconded the motion. chi • • Planning Commission January 27, 1992 Page 5 The motion passed 7-1-0 with Commissioners tackle, Springborn, Allred, Pummill, Tarvin, Cato and Suchecki voting "yes" and Commissioner Britton voting "no". REZONING R92-3 RICK OSBORNE - 1220 N. GARLAND AVE. The next item on the agenda was a request for a rezoning of property located at 1220 N. Garland Avenue (part of the Oak Plaza Shopping Center) presented by Rick Osborne on behalf of Thomas James. The request is to rezone the property from C-1, Central Business Commercial, to C-2, Thoroughfare Commercial. Me. Little explained the parcel under consideration was the building formerly occupied by the Dillon's Food Store. She stated the property abutted and had 536 feet of frontage along Mt. Comfort Road, a collector street to two streets designated on the master street plan as major arterials. Ms. Little further explained the current zoning on the subject parcel was C-1 with zoning to the north being C-2, to the east R -O, to the south C-1, and to the west C-1 and C-2. She further noted that zoning for the parcel located southwest of the intersection of Garland and Wedington (Parson's property) was under appeal, however would probably be either R-1 or C-1 depending on the outcome of the appeal. She stated the structure on the lot was physically attached to other commercial property to the north and shared parking with other commercial lots zoned C-2. She further stated the petitioner had requested rezoning for two reasons: (1) to accommodate a prospective purchaser, and (2) to achieve zoning consistent with other similar shopping centers. Ms. Little recommended the subject property be rezoned C-2. She explained that c-1 zoning was primarily to serve neighborhood commercial needs, while C-2 zoning was primarily to serve areas along highways. She noted Mt. Comfort was a collector street which connected North Street with Garland (Hwy 112). In response to a question from Ms. Britton, Me. Little answered there were two zones within the same shopping center, with fire walls between the buildings. Ms. Britton asked what uses were permissible in C-2 that were not permissible in C-1. Ms. Little stated the following uses were permissible in C-2: cultural and recreation facilities, trades and services, commercial recreation, large site commercial recreation, and, upon appeal to the Planning Commission, a recycling center. Mr. Osborne appeared before the Commission and explained that half of the subject property would be used by the Arkansas Book Store. He stated they did want to be competitive with other shopping centers in the community as well as the rest of Oak Plaza Shopping Center. Mr. Mark Lucas, 1139 Oakland, appeared before the Commission to express his concern that a bar or club not be put in the building. Mr. Osborne stated that was not a possibility. MOTION Mr. Tarvin moved to recommend approval of the rezoning. Ms. Britton seconded the motion. 3 • Planning Commission January 27, 1992 Page 6 The motion passed unanimously. ANNEXATION - 6561 JEANFAY LANE ANDREW HUCRINS - S OF JEANFAY, W OF DOUBLE SPRINGS ROAD The next item on the agenda was an annexation submitted by Andrew Huckins for property located on the south side of Jeanfay Lane, west of Double Springs Road (6561 Jeanfay Lane). Alett Little stated that items 5, 6, 7 and 8 were inter -related and suggested that ,the reports be given on all items before voting. If the lot split request did not receive an affirmative vote, there would be no reason to rezone or annex the property. In addition, in the event that the Planning Commission recommended annexation and the City Board denied the same, there would be no need for the conditional use or the lot split. Mr. Allred suggested that they review starting with the lot split. Alett Little reiterated that it would be decision is made. these agenda items in reverse order, advisable to hear all reports before any Ms. Little explained that the area had been developed into duplexes along Jeanfay Lane and a single family homes. The property is partially within the City limits and partially within Washington County. Total acreage is approximately 1 acre with a duplex home on the property. Currently the area is zoned A-1, Agricultural. Land uses to the north are vacant; to the east single family duplexes; to the south a church; and to the west single family. The area behind the duplex which Mr. Huckins wishes to split into a tandem lot is vacant. There are no dwellings located in the area to the east and to the intersection of Double Springs Road, nor to the west for several lots. She further explained Mr. Huckins desired to split the lot and construct a single family home on the tandem lot which would be created. Ms. Little noted that, with the lot split, the area of the tandem lot and the area of the lot on which the duplex is located are both less than the two acre minimum lots required for a septic tank. She stated the existing duplex was currently served by this tank. Due to the size of the lot, Mr. Huckins requires sewer service from the City. She further stated that, since a portion of the lot lies within the jurisdiction of the County, it would require annexation in order to commit City sewer service. She noted the sewer tap fee was substantial and would be paid by Mr. Huckins. Ms. Little continued to explain that the lot split and tandem lot were required if the owner was allowed to construct a single family home. The annexation and subsequent rezoning would be required in order for the single family home to receive City sewer. Ms. Little recommended that the Planning Commission first address the request for a lot split. In response to a question from Mr. Allred, Ms. Little explained that, in order to accomplish the construction of a single family home and the required sewer system, there would be a subsequent requirement for annexation and rezoning. Mr. Allred asked if the County's two acre minimum requirement for the sewer was a part of the health code. Mr. Bunn responded the City required the acreage. He explained they needed sufficient land to provide for two systems for backup. Mr. Tarvin asked for verification that the City was willing to do the off-site improvement to the sewer. • • • Planning Commission January 27, 1992 Page 7 Mr. Bunn responded that the owner would be responsible for extending the sewer which would involve a manhole and short extension at a cost of approximately $1,500. Ms. Britton inquired whether the actual location of the proposed home would be on City property and whether County property had to be crossed for access. Ms. Little responded that the lot itself was primarily on County property. She explained the existing duplex was partially within the City and partially within the County. She further explained the sighting of the home behind the duplex, if allowed to stand without annexation, would also be partially within the City and partially within the County. Mr. Huckins addressed the Planning Commission stating that he had lived in the duplex sitting on the front part of the property and simply wished to split the lot and build a home for his family on the back side. Mr. Huckins explained that he would be continuing upkeep on the duplex. He further noted the monies saved by not having to purchase a lot, would be used to make improvements on the duplex and property. In addition, the duplex would be hooked into the City sewer service. He stated the 175 foot extension from the existing City sewer would cost approximately $6,000. In response to a question from Ms. Britton, Ms. Little stated all adjoining property owners were notified. Mr. Allred stated that an order of procedure needed to be suggested that they consider the conditional use and tandem lot same was successful, follow with the other requests. Jackie Freedle, an adjoining property owner, addressed the Planning Commission and presented a petition from property owners on Jeanfay and adjacent lots to Mr. Huckins, opposing the multiple dwelling rezoning of the subject property as it was in direct conflict with the surrounding property. Neal Florer, a property owner in the area, asked if Mr. Huckins' requests were granted and he built a house, what street and guttering requirements would be imposed and who would maintain the house and the street. City Engineer, Don Bunn, responded that under Mr. Huckins' proposal, no improvements would be required. He explained that access off the street behind the duplex would be accomplished as a result of Mr. Huckins' tandem lot application, which private drive would provide a 25 foot access off Jeanfay back to the planned home. Mr. Florer stated the existing gravel drive was an easement by Charles Clevenger and not a plotted or recorded easement. Mr. Bunn stated that he was recommending against the tandem lot because it did not meet ordinance requirements. He explained that an unusual terrain condition must exist making it the property unsuitable for normal development. He further noted the tandem lot request was not appropriate in terms of the neighborhood. established. He first and, if the Ms. Little stated that there was a recorded easement on the west side of the property, having been recorded June 5, 1990. MOTION Mr. Springborn moved to deny the request for a lot split and tandem lot, primarily because there was no unusual terrain to justify the tandem lot. Ms. Britton seconded the motion. • • • Planning Commission January 27, 1992 Page 8 The motion passed unanimously. MOTION Ms. Britton made a motion to table agenda items 5, 6 and 8. Mr. Tarvin seconded the motion. The motion passed unanimously. CONDITIONAL USE C092-1 - TANDEM LOT ROBERT NEDRRANZ - NW CORNER OF FRITZ DRIVE & PROSPECT The next item on the agenda was a conditional use request by Robert Neukranz for a tandem lot on property located on the northeast corner of Fritz Drive and Prospect which is zoned R-1, Low Density Residential. Mr. Allred noted the following item on the agenda was also a request by Mr. Neukranz for 3 lot splits on the subject property. Don Bunn explained that tracts B, C and D were to be split from the original tract of 1.57 acres; said lots ranging in size from two-tenths to three -tenths of an acre, with the remaining tract A containing nine -tenths acre. He explained Tract A contained an existing house. He further explained that Tracts A, C and D were legal lots for R-1 rezoning and had proper street frontage; however, Tract B did not have the 70 foot frontage requirement, therefore a tandem lot was necessary. Mr. Bunn further explained that water was available to all lots in question although direct sewer was not available to Lots A and D. He stated sewer line would have to be extended at Mr. Neukranz's expense. Mr. Bunn reported that Staff recommended approving the lot splits and the tandem lot, due to the uphill terrain which was not readily amenable for standard development of the property as a subdivision. He stated the conditions for this approval were dedication of an easement for the existing 12 inch sewer line to the City; extension of necessary sewer line to serve tracts B and C; and payment of parks fees. Ms. Britton asked if there was enough side yard between the existing house and the proposed property line. Ms. Little responded that that the width of Lots B, Norma Gabbard, a resident understand what was being there was eleven feet. C and D is 85 feet. across from the subject planned for the lot. Ms. Little further explained property, stated she did not Mr. Bunn explained the only use that Mr. Neukranz would have for the lot would be to build one single family residence on each lot. Ms. Gabbard stated that she had no objection to Mr. Neukranz's proposal. MOTION Mr. Nickle moved to approve the three lot splits and tandem lot, subject to Staff requirements already identified. Mr. Allred suggested that they vote on each item separately to avoid confusion. In response to a question from Ms. Gabbard, Mr. Bunn explained a tandem lot is a lot which does not have 70 foot frontage on a public street. 5 • • • Planning Commission January 27, 1992 Page 9 MOTION Mr. Nickle moved to approve the tandem lot. Mr. Springborn seconded the motion. The motion passed unanimously. MOTION Ms. Britton moved to approve the lot splits with the staff recommendations. Mr. Pummill seconded the motion. The motion passed unanimously. CONDITIONAL USE CU92-2 - DUPLEX DON GINGER - N OF OLD WIRE ROAD, E OF STRAWBERRY DRIVE The next item was a conditional use application for a duplex submitted by Don Ginger, on property located on the north side of Old Wire Road, east of Strawberry Drive, which is zoned R-1, Low Density Residential. Ms. Little explained that Mr. Ginger was requesting the conditional use for construction of one duplex. She further explained that under the zoning ordinance, a two-family dwelling was permitted in an R-1 district as a condi- tional use. Ms. Little continued to explain that the subject property fronted Old Wire Road at a distance of 144.82 feet and extended to the northwest for a distance of 285 feet on the east lot line and for a distance of 275.8 feet on the west ,lot line. She noted Old Wire Road curved along the frontage of the subject lot; Oak Bailey Drive was located within two-tenths of a mile to the east and Strawberry Drive was located approximately five -hundredths of a mile to the west. Ms. Little reported that Staff recommends approval of the conditional use to construct a duplex. The lot is deep and fairly level, allowing for several sighting options for duplexes; however, the lot does not exceed an acre in size and would not be subject to large scale development. She stated the additional concern regarding line of sight along Old Wire Road had the potential to be addressed under improvements scheduled for Old Wire Road. Mr. Ginger stated he was available to answer any questions. Tommi Perkins, an adjoining property owner, objected to the conditional use application. Ms. Perkins, a real estate broker, stated that placing a duplex in this location would drastically devalue the property in the area. She also noted this location had a blind curve with heavy traffic. Sandra Wommack, an adjoining property owner, stated that she had not been notified of the meeting. Ms. Wommack further concurred with Ms. Perkins in opposing construction of a duplex on this property. Bruce Smith, an adjoining property owner to the north of the subject property, addressed the Planning Commission, in opposition to the conditional use application. Mr. Smith requested further information on the type of duplex; whether the same would be rental property, and the value of the planned duplex. Mr. Ginger responded that the proposed duplex would be 1,500 square feet on one side with three bedrooms and two baths and approximately 1,200 square feet on the other side with three bedrooms and two baths, a two -car garage, with an approximate value from $120,000 to $130,000. b • • Planning Commission January 27, 1992 Page 10 Ms. $ritton asked if Mr. Ginger could give an example of another duplex that he had built in Fayetteville. Mr. Ginger responded that he had no such example, but had recently constructed a house in Park Place. Mr. Allred pointed out that there was nothing to bind the Commission's decision based on Mr. Ginger's information unless he chose to provide a bill of assurances that the duplex would be built to certain specifications. Pam Johnson, an adjoining property owner on Strawberry Lane, stated to the conditional use application as a multiple family dwelling. her belief that it would reduce the value of her property. In noted a multiple family dwelling would produce more of a traffic curve than already existed. Ms. Johnson advised that there was property located in the area and she was concerned that they too conditional use applications. her objection She expressed addition, she hazard on the other vacant would request Mr. Tarvin reported that in his inspection of the area, he saw no other multiple family dwellings; therefore, the conditional use request did not comply with the character of the neighborhood and he believed the same would have a detrimental effect. MOTION Mr. Tarvin moved to deny the request for the conditional use request. Me. Britton seconded the motion. The motion passed unanimously. CONDITIONAL USE C092-3 - HOME OCCUPATION (BAKERY) STEVE AUST - 302 ILA STREET The next item was a conditional use application for a home occupation (bakery) on property located at 302 Ila Street, zoned R-1, Low Density Residential. Ms. Little stated that the dwelling was situated on the corner lot at the intersection of Ila Street and Shady Avenue. She explained this was a well- established, well-maintained older section of the City. She stated the petitioner had applied for a conditional use to permit a home occupation to prepare baked goods to be sold from his home. She further stated the dwelling fronted on Ila Street; however, the drive to the garage exited on Shady Avenue, where parking would be available. She pointed out there were two off-street parking spaces and 3 alternate on -street parking spaces on Ila Street. Ms. Little reported that Staff recommended approval of the conditional use to permit by ordinance, the location of a bakery at 302 Ila Street. She further read the definition of "home occupation" as "an occupation, profession or avocation conducted in a dwelling unit on a part-time or full-time basis, for which financial compensation is received and which generates motor vehicle traffic to the dwelling unit by patrons or clients of the occupation, profession or avocation conducted therein. A non -traffic generating occupation, profession or avocation conducted in a dwelling unit by one or more members of the family occupying the premises shall be considered a residential use and not a commercial use. The term home occupation shall include a child care facility handling not more than six children at one time." Ms. Little continued to read Section 160.085 of the Zoning Code which sets out the limitations, regulations and requirements for home occupations in A-1, R-1, 7 • Planning Commission January 27, 1992 Page 11 R-2, R-3 or R -O Districts. She noted no exterior alterations of the structure could be made which were of a non-residential nature. She further noted no advertising, display, storage or other external evidence of a business was permitted except that for each dwelling unit with a permitted home occupation, one unanimated, non -illuminated home occupation sign which identified the home occupation was permitted if such sign was erected flat against the wall or door or displayed in a window and did not exceed three square feet in area. She further stated no such sign was allowed in an R-1 district. She explained no person could be employed other than a member of the immediate family residing on the premises. She stated no mechanical equipment could be used which created a disturbance such as noise, dust, odor or electrical disturbance. She further stated no parking spaces other than normal residential parking spaces were allowed. Ms. Little noted home occupations in an R-1 district were subject to further conditions: (1) "No conditional use permit for a home occupation in an R-1 district shall be issued for a period exceeding one year but such permit may be for a period shorter than one year. Upon expiration of the conditional use permit, the Planning Administrator shall have the authority to renew a conditional use permit for the same period as originally authorized if the Planning Administrator has received no complaints or opposition from residents of the neighborhood in which the home occupation is located. The Planning Administrator may refer the proposed renewal of a conditional use permit to the Planning Commission for final decision. (2) No home occupation shall be open to the public earlier than 7:30 a.m. or later than 5:30 p.m., provided the Planning Commission may vary the restrictions imposed hereby upon a determination that such a variance will not adversely affect the health, safety, peace, tranquility, or welfare of the neighborhood in which the home occupation is located. (3) No home occupation shall be allowed in an R-1 district if the Planning Commission determines that the home occupation would generate such excessive traffic as would adversely affect the safety, peace, tranquility or welfare of the neighborhood." Steve Aust, petitioner, addressed the Planning Commission, and stated that a letter he submitted to the Commission set out his intentions. He explained he fully intended to abide by the ordinance in order not to disrupt the flow and tranquility of his neighborhood. Mr. Aust stated that, although he had received some opposition to his application, he had obtained a petition signed by his neighbors who were not opposed. He presented a map showing the various neighborhood support and opposition. In addition, Mr. Aust stated that he had received a letter from the Health Department stating that they were well in control of pest control in the subject neighborhood. Mr. Nickle asked how Mr. Aust intended to control odors generated from his business. Mr. Aust responded that there was no business or from his every day baking. central heat and air in his home so that way to control odors either from his Even so, he indicated that he did have his windows would not normally be open. In response to a question from Mr. Suchecki, Mr. Aust stated that he would be marketing his baked products commercially to the public from his home and offering a delivery service as well as on-site pick-up. Mr. Nickle asked what the volume of his business would be. Mr. Aust responded that this would be his only source of income and he would bake for as many hours a day as was required. • • Planning Commission January 27, 1992 Page 12 Joel Hirsch, 622 Wilson, addressed the Planning Commission in opposition to the request. Mr. Hirsch stated that he opposed the use of R-1 zoned property for retail sales. In addition, he inquired as to the number of conditional use permits granted in the last couple of years for retail sales in an R-1 zoned area and stated that to his knowledge there were no such uses in this contiguous R-1 area. Mr. Hirsch further stated that Ila was a very narrow side street with no curb and gutters and the bakery would create a dangerous condition with the added retail traffic congestion. He further noted the external changes or modifications to the structure which were prohibited by the ordinance had already occurred with the removal of a garage door and placement of windows and a door as in a commercial establishment. Mr. Hirsch further reported that the Planning Commission had previously rejected a special use permit two blocks from the subject location for a psychologist/counsellor. Ms. Little stated that she was not familiar with the application for the special use Mr. Hirsch referenced for a psycho -therapy clinic; however, the Planning Commission approved on January 14, 1991 a conditional use at 306 W. Adams for the home occupation and operation of a law office for William George Michael. Rudy Moore, citizen of Fayetteville, addressed the Planning Commission and stated he lived in the same block as the proposed bakery and was directly affected by the use of a retail/commercial establishment within this R-1 zone. Mr. Moore stated that Mr. Aust should have to go through the same procedures as everyone else in starting a business, investing in property in a commercial or properly zoned area. In addition, Mr. Moore questioned the Staff's recommendation for this special use permit and further questioned whether the building and safety codes could be met. He noted traffic would be generated not only by customers, but suppliers and inspectors as well. Mr. Moore questioned whether the proposed bakery met the test of a home occupation; whether it would truly be a family operation as well as complying with the restrictions for hours of operation (not to begin until 7:30 a.m.), which he saw as unlikely in this case. He expressed his belief that a commercial operation like this would generate not only odor, but trash and refuge. In closing, Mr. Moore stated that the main issue was one of compatibility with the neighborhood. Ms. Little stated that Staff's recommendation was based on the information supplied by the applicant and according to the regulations, Mr. Aust could be permitted the home occupation for this particular use, provided he met all conditions. Mr. Aust responded by stating that matters of ventilation, etc. were monitored by the Health Department, who verified that the establishment was conducted in a safe and healthy manner. He further stated that, with regard to operating hours, there was nothing that stopped him from getting up at 7:30 a.m. in the morning and baking and delivering until 7:30 p.m; as long as he didn't conduct business with the public or suppliers prior to 7:30 a.m. With regard to the other concerns, Mr. Aust reiterated that he intended to comply with the ordinance and not disrupt the flow of traffic in the neighborhood. He explained that in most cases he would be soliciting business from restaurants and delivering his goods. Mr. Allred asked how long Mr. Aust anticipated needing a home occupation. Mr. Aust responded that, although he could not commit to a certain length of time, his intention was to get out of his home occupation in a year or so. In response to Mr. Allred's question regarding whether the Planning Commission could grant the conditional use permit on a 6 month trial, Ms. Little responded that they had the authority to grant the permit for any length of time. Ms. Little also verified that, if the bakery did not comply with the ordinance, the Planning Commission could revoke the same at a later date. Planning Commission January 27, 1992 Page 13 Dennis Ledbetter, Fire Department, addressed the Planning Commission, and advised them that anytime a residential home was converted into a business with commercial equipment, there were certain fire and building code requirements that must be met. In response to Mr. Springborn's questions, Mr. Ledbetter responded that if this residence was to be commercial, it would have to be inspected according to the fire code and plans should be presented to the Building Office for approval and issuance of permits to remodel. Ms. Little stated that this particular case was considered a home occupation and not commercial; therefore, unless the Planning Commission made this a condition, this proposed home occupation would not require these inspections. She further explained the project was not considered a conversion, but a residential property from which a home occupation would be conducted. She stated that any changes that Mr. Aust made to the premises were subject to building codes, electrical and plumbing. MOTION Mr. Nickle moved to deny ttie conditional use for a home occupation. Mr. Tarvin seconded the motion. The motion passed 5-3 with Commissioners Nickle, Pummill, Tarvin, Cato, and Suchecki voting "yes" and Commissioners Britton, Springborn, and Allred voting "no". Commissioner Allred announced that the Planning Commission would take a ten minute recess. FINAL PLAT - PINE HAVEN ADDITION GORDON WILKINS - E OF AZALEA TERRACE, S OF OLD WIRE ROAD The next item on the Agenda was the final plat of Pine Haven Addition, submitted by Harry Gray on behalf of Gordon Wilkins, on property located east of Azalea Terrace and south of Old Wire Road. The property is zoned R-1, Low Density Residential and contains 1.25 acres with 4 lots. Mr. Bunn reported that there were no significant comments by the plat review committee or the subdivision committee. He stated staff recommended approval of the final plat for the Pine Haven Addition, subject to plat review and subdivision committee comments; the execution of a contract with the City for the installation of public improvements; and the payment of parks fees as required by City ordinance. MOTION Mr. Tarvin moved to approve the final plat subject to staff comments. Mr. Nickle seconded the motion. The motion passed unanimously. LARGE SCALE DEVELOPMENT - TRESSLER PARK (MALL) AARON MILLS - N SIDE OF JOYCE BLVD, E OF HWY 71 The next item was a large scale development, Tressler Park Mall, submitted by Aaron Mills, for property located on the north side of Joyce Boulevard and east of Highway 71. The subject property is zoned C-2, Thoroughfare Commercial. • • Planning Commission January 27, 1992 Page 14 Mr. Bunn explained this was a large scale development submitted by Tressler Development Corporation. He stated the development consisted of a shopping center on 11.7 acres, located north of Joyce Boulevard, between Old Missouri Road and North College. Mr. Bunn reported discussion at the plat review meeting consisted of details for utility services and easement requests. Mr. Bunn further reported that staff did not have any significant comments on the development. He explained there would be water extended east from Joyce Boulevard. He further noted there had been discussion regarding parking being in excess of that was required by ordinance and staff had requested that the number of spaces for the first phase be reduced. He further stated staff suggested landscaping for the parking lot and along Joyce Boulevard although landscaping could not be required at this point. Mr. Bunn stated that staff recommended approval of the large scale development for Tressler Park Mall, subject to plat review and subdivision committee comments; the granting of all necessary easements by separate instrument; subsequent approval of water, sewer and drainage plans; and approval of a preliminary grading plan. In response to Mr. Allred's question, Mr. Nickle responded that the subdivision committee met on this matter and Mr. Bunn had addressed their concerns regarding parking and landscaping. Fred Derwin, architect for the Tressler Park project, addressed the Planning Commission, stating that he concurred with all comments made by Mr. Bunn and Mr. Nickle. Ms. Britton inquired about the fence to each side of the entryway of Tressler Park; to which Mr. Derwin responded that the fence was simply decorative and fit the character of the building. He noted the fence was to be small and open in order not to block vision. MOTION Mr. Tarvin moved to approve the large scale development of Tressler Park Mall subject to staff comments. Mr. Nickle seconded the motion. The motion passed unanimously. LARGE SCALE DEVELOPMENT - WATSON'S GROCERY JIM WATSON - S OF HUNTSVILLE ROAD, INTERSECTION OF HUNTSVILLE AND CROSSOVER ROAD The next item was a large scale development, Watson's Grocery, submitted by Tom Hopper on behalf of Jim Watson, for property located south of Huntsville Road at the intersection of Huntsville and Crossover. The property is zoned C-2, Thoroughfare Commercial. Mr. Bunn explained that this large scale development consisted of a grocery store and laundromat as well as rental space to be developed at a later date. He further stated there were no significant issues raised at either the plat review or subdivision committee meetings. He noted staff discussed parking space requirements, set -back and screening requirements. He informed the Commission the traffic light for Highways 16 and 265 was scheduled to be installed in 1992. He also noted location with regard to the flood plain was discussed as well as the need for a grading plan for the subject site. 9 • • • Planning Commission January 27, 1992 Page •15 Mr. Bunn recommended the large scale approved, subject to plat review and preliminary grading plan; and approval of site. development for Watson's Grocery be subdivision comments; approval of a water, sewer and drainage plans for the Tom Hopper stated he was present to answer any questions. Ms. Britton stated that, in view of the planned Highway 265 widening project, it did not appear that the center line and the entryway lined up with Highway 265. She asked if there were plans for a left turn lane. Mr. Hopper responded they were coordinating the traffic light and entrance with the Highway Department and the highway permits had been submitted for approval. He stated that R. C. Walker with the permit department had reviewed the plan and had not issued any negative comments He further stated there were plans for a left turn lane at the intersection. MOTION Mr. Springborn moved to approve the large scale development for Watson's Grocery, subject to staff comments. Mr. Tarvin seconded the motion: The motion passed unanimously. WAIVER OF SUBDIVISION REGULATIONS - LOT SPLIT - #1 PHILLIP EZELL - 3351 WEDINGTON DRIVE The next item on the agenda was a lot split submitted by Jeff Caudle on behalf of Phillip Ezell for property located at 3351 Wedington Drive. The property is zoned R -O, Residential Office. Mr. Bunn explained that the proposal was to split an existing 3.57 acre tract into 'two tracts, one containing 1.15 acres and the remaining tract containing 2.42 acres. He stated utilities were available to each tract and both had access to Highway 16. Mr. Bunn further reported that staff recommended approval of the split. Mr. Caudle appeared on behalf of Phillip Ezell to answer any questions the Commission might have. MOTION Mr. Cato moved to approve the lot split. Mr. Nickle seconded the motion. The motion passed unanimously. WAIVER OF SUBDIVISION REGULATIONS - LOT SPLIT #1 MARJORIE NIBLOCK - SW CORNER OF APPLEBY RD, N COLLEGE AVE The next item on the agenda was a lot split submitted by Mel Milholland on behalf of Marjorie Niblock for property located on the southwest corner of Appleby Road and North College Avenue. The property is zoned C-2, Thoroughfare Commercial. Mr. Bunn explained the application is for a first split of property located at the southwest corner of Appleby Road and North College Avenue. He stated the property contained 7.24 acres with a proposed split of 2.49 acres. He explained I0 • • • Planning Commission January 27, 1992 Page 16 the purpose of the split was to allow sale of the property to the Aldi Corporation for a discount grocery store. Mr Bunn recommended the lot split be approved, subject to the dedication of an additional five feet of street right-of-way along Appleby Road and subject to final approval of the Aldi large scale development. Mr. Nickle asked whether the property immediately south of the subject property was part of the property to be split. Mr. Dick Rogers appeared on behalf of Mel Milholland and responded that the property immediately south was Hermans and was not included in the lot split. MOTION Mr. Tarvin moved to approve the lot split, subject to staff comments. Mr. Springborn seconded the motion. The motion passed unanimously. WAIVER TO SUBDIVISION REGULATIONS - LOT SPLIT - #1 BILL CLEVELAND - SW CORNER OF APPLEBURY & HOPE The next item on the agenda was a lot split submitted by Bill Cleveland for property located on the southwest corner of Applebury and Hope. The property is zoned R-1, Low Density Residential. Mr. Bunn explained that the original tract on this split was Lot 14 of Block 6, Jackson's First Addition and contained approximately two-thirds of an acre. He explained the proposal was to divide the lot into two tracts of one-third acre each. He noted there was an existing house on proposed parcel No. 1. He explained the proposed one-third acreage per lot was somewhat smaller than the lots in the immediate vicinity, said lots varying from four -tenths of an acre to nearly one acre. He stated there was water available to each of the proposed lots and sewer was located on the south side of the subject property. Mr. Bunn explained the exact location of the sewer service line had not been identified but in order to accommodate sewer service for the existing house, there would be an easement required off parcel No. 2 and may need to be relocated to allow for a house on that parcel. Mr Bonn recommended the lot split be approved, subject to an easement being granted to the sewer service line and payment of a parks fee. Mr. Suchecki asked about the ditch/creek running south of the vacant lot proposed to be split, and whether an easement would be required in order to put a house that close to the ditch. Mr. Bunn responded that they were required property was not in a flood plain. He practical limitation. He explained there ditch nor did they propose to take one. to be out of the floodway, but this further stated it was a matter of was no drainage easement along this Ms. Britton stated that when she examined the property, the corner flag seemed to be on the other side of the drainage channel. She stated she did not see how they could fit a structure in the remaining space. Ms. Carolyn Schluster explained they had planned on a deck going across the drainage channel. She noted their proposed structure would conform with all city setback regulations. • • Planning Commission January 27, 1992 Page 17 Mr. Cato inquired as to the respective covenants regarding lot splits. Mr. Bunn responded that this was an old subdivision and he was not aware of any restrictive covenants. He noted there was a place on the application to indicate information regarding restrictive covenants in relation to lot splits. He noted there were no restrictive covenants indicated on this application. Ms. Britton asked if neighbors were notified of this proposed lot split. Mr. Bunn responded that there were no notification requirements for lot splits. He explained there had been some discussion about this type of notification prior to a change in administration. Mr. Nickle stated that the Planning Commission had discussed implementing lot split notification over a year ago and at that time it had been the desire of the Board that all adjacent, adjoining property owners be notified prior to lot splits. Ms. Little stated that the adjoining property owners were notified in this case. She explained she would need to check the sign log in the office to see if a sign was posted. Ms. Britton expressed her concerned about the policy, stating that adjoining property owners have a right to be notified. Ms. Schluster stated she had personally notified the neighbors. Ms. Britton stated that, from her viewpoint, there was not sufficient space to place a house on the split property to be compatible in size, value, etc., to any of the homes in this area. Mr. Suchecki stated that to split this lot would make it out of conjunction with everything else in this area, i.e. nice, well -kept, older homes with large yards. Mr. Springborn stated that he envisioned problems with the terrain features relative to this type of split. MOTION Ms. Britton moved to deny the lot split application. Mr. Springborn seconded the motion. The motion passed unanimously. OTHER BUSINESS Mr. Allred reported that "Other Business" consisted of the January 27th agenda. LARGE SCALE DEVELOPMENT - ALDI GROCERY STORE ALDI INC. - SW CORNER OF APPLEBY & N COLLEGE AVE The first item addressed was a large scale development for an Aldi Grocery Store, submitted by Martin Florie, Director of Real Estate for Aldi, Inc. for property located on the southwest corner of Appleby and North College Avenue. The property is zoned C-2, Thoroughfare Commercial and contains 2.49 acres. Mr. Bunn explained that this property is the same as approved for a lot split on the previous agenda. He stated there were no significant comments at the plat review from any of the utility companies and that all easements appeared to be satisfactory. He further noted all utilities were available on the site with the • • • Planning Commission January 27, 1992 Page 18 exception of sewer. He explained the sewer lines would have to be extended to the site from the north but easements were available for the extension. He further explained Aldi's would be responsible for the widening of Appleby Road on their side to allow for the full 31 foot width. He noted that a condition of the previous lot split approval was subject to an additional 5 feet of right-of- way required on the south side. Mr. Bunn stated staff had suggested that landscaping be provided. He further stated a preliminary grading plan had been submitted and approved. Mr. Bunn recommended that the large scale development be approved, subject to plat review and subdivision committee comments; extension of sewer to serve the site; widening of Appleby Road on the south side to allow for full street width of 31 feet; approval of a final grading plan; granting of all utility and roadway easements by separate instruments. Mr. Tarvin reported that the plat review committee reviewed several issues in regard to this development and there were none left unresolved. He stated the committee recommended approval of this large scale development. Mr. Florie, Director of Real Estate for Aldi, Inc. was present to answer any questions. Mr. Ledbetter inquired whether this building would be sprinkled and whether there were plans for additions in the future. He further stated the Fire Chief wanted to be on record that the building was only 40 square feet under the sprinkler system requirement. Ms. Little stated that the building was just under the minimum of 15,000 square feet and sprinkling was not required. She noted that, since this area was in a Number 1 fire zone, should there be additions made to the building making it larger, it will need to be sprinkled according to Mr. Ledbetter. Mr. Florie noted the square footage of the building was 14,860 square feet, the same size as all of the Aldi stores. He explained the building had not been designed to evade the sprinkler system requirement. Mr. Allred asked if an extension was built on the store, whether they would then require that the entire building be sprinkled. Mr. Ledbetter explained the entire building would have to be sprinkled once it reached 15,000. Me. Little pointed out it would be easier to sprinkle the building now rather than to go back at a later time. She noted the ordinance required sprinkling at 15,000 square feet, and the building was approaching that limitation. She further noted the developer did have the option to include sprinkling. She explained that, should Aldi's build an addition and the square footage exceeded 15,000, they would be required to sprinkle the entire building. Ms. Britton stated that, according to the plans, the sloped grassed areas would be left exposed for as long as 150 days. She questioned whether some sort of quick cover could be used. She also asked whether there was a drainage plan for this area. She explained the return of vegetation to such a large area would also help to control the dust the fill site will produce. Mr. Rogers explained there were subsequent plans proposing a large scale development on the adjoining property to be presented in the near future that would address the fill being removed. Mr. Nickle asked Mr. Bunn for verification that the grading excavation ordinance required temporary control for erosion and further suggested that such temporary control for erosion could be included in final grading plan. • • • Planning Commission January 27, 1992 Page 19 Ms. Britton stated the last time she spoke with Perry Franklin, he indicated that there was a stoplight proposed at the intersection of Highway 71 and Appleby. She explained the intersection was already high volume. Ms. Little explained the next proposed traffic signal was to be located at Highways 265 and 16 in mid summer; therefore, it would be at least a year before a signal would be installed at this location. Mr. Bunn reported that Terry Franklin had stated that there would be problems at the subject intersection and they would need to have a permit issued by the Highway Department. He explained a traffic signal could not be installed at that location until the Highway Department granted approval of the same. Mr. Bunn further explained that the Highway Department would not issue a permit for future traffic projections. Mr. Nickle asked if the Commission could require the developer to make a left turn lane from Appleby onto College. Mr. Bunn responded that this has been suggested. Mr. Springborn made the observation this was the first time in four years that he has seen a representative from the Fire Department present at their meetings. He expressed hope that close attention was paid to the representative's observations. Mr. Bunn explained the Fire Department had a representative at every plat review meeting and they commented on every plat. MOTION Mr. Tarvin moved to approve the large scale development subject to staff comments. Mr. Pummill seconded the motion. The motion passed 7-1-0 with Commissioners Nickle, Springborn, Allred, Pummill, Tarvin, Cato, and Suchecki voting "yes" and Commissioner Britton voting "no". LARGE SCALE DEVELOPMENT - FAYETTEVILLE CHURCH OF CHRIST JAMES KEY - E SIDE OF DEAN SOLOMON ROAD, S OF MOORE LANE The next item was a large scale development for Fayetteville Church of Christ, submitted by James Key, for property located on the east side of Deane Solomon Road, South of Moore Lane. The property is zoned R-2, Medium Density Residential and C-2, Thoroughfare Commercial and contains 1.5 acres. Mr. Bunn explained this large scale development was for a planned church building. He stated there had been no significant comments by the utility companies present at the plat review meeting; the water service initially would be on Shiloh Road. He explained staff was requesting that an additional 5 feet of right-of-way be granted for roadway purposes off the east side in order to make a 25 foot roadway easement. He noted the planned 36 inch line may be constructed along Dean Solomon Road and staff was requesting a 30 foot easement to accommodate that line. Mr. Bunn recommended the large scale development be approved, subject to plat review and subdivision committee comments; the granting of the required roadway easement and water line easement by separate instrument. Mr. Osborne reported that all the easements have been noted on the plans and, would be filed as separate documents. 13 • • • Planning Commission January 27, 1992 Page •20 MOTION Mr. Tarvin moved to approve the large scale development subject to staff comments. Ms. Britton seconded the motion. The motion passed unanimously. LARGE SCALE DEVELOPMENT - REGENCY 7 MOTEL TERRY DILL - W SIDE OF SHILOH DRIVE, N OF OLD FARMINGTON ROAD The next item was a large scale development for Regency 7 Motel, submitted by Leonard Gabbard for Terry Dill, for property located on the west side of Shiloh Drive, north of Old Farmington Road. The property is zoned C-2, Thoroughfare Commercial and contains 1.15 acres. Mr. Bunn explained the large scale development was for Regency 7 Motel, consisting of 32 units on 1.15 acres submitted by Landtech Engineering on behalf of the owner, Terry Dill. He stated there were no significant comments at the plat review or subdivision committee meetings. He noted staff was requesting that sufficient right-of-way for Old Farmington Road be granted on the south side of the property for the utilities and a requirement for fire hydrants to be located along Shiloh Drive near the north end of the development. He further noted Shiloh Drive was maintained by the State. Mr. Bunn recommended the large scale development be approved, subject to plat review and subdivision committee comments; dedication of the existing right-of- way; and approval of a drainage plan for the site. MOTION Mr. Tarvin moved to approve the large scale development subject to staff comments. Mr. Springborn seconded the motion. The motion passed unanimously. CONCEPT PLAT - FOSTER/BROPHY SUBDIVISION MARK FOSTER & RALPH BROPHY - N OF RIDGELY DR, W OF CROSSOVER RD The next item on the agenda was presentation of a concept plat for the Foster/Brophy Subdivision, submitted by Dave Jorgensen on behalf of Mark Foster and Ralph Brophy, for property located north of Ridgely Drive and west of Crossover Road. The property is zoned R-1, Low Density Residential and contains 40 acres with 61 lots. Mr. Bunn explained this was a revision of a concept plat submitted to the Planning Commission at their December 9, 1991 meeting. He stated the revised development consists of 62 lots on 40 acres, which was a reduction of 6 lots from the original number. Mr. Bunn reported that, since the original concept plat was submitted, there had been three preliminary plats submitted which appear on this agenda for Phases VI, VII and VIII of Park Place Addition. He noted Phase VI of Park Place Addition is located immediately north of the subject property. He explained that, with the completion of Phases VI and VII, the Foster/Brophy concept plat area would have an eventual ingress and egress to Highway 265, which was different from the original concept plat submittal. Mr. Bunn further reported that the major • • Planning Commission January 27, 1992 Page 21 concern expressed at the plat review meeting, in connection with the original concept plat, was whether there would be a through street planned to the east, between Lots 1 and 24 in Phase III, to allow for access to a future development, as well as allowing subsequent access to Highway 265. Mr. Bunn stated that they were still recommending that the right-of-way be required at this location because of uncertainty as to final development of the Park Place plats. Mr. Nickle asked in which Phase the east access would be located. Dave Jorgensen, representative for the Foster/Brophy Subdivision, addressed the Planning Commission stating that as a result of the last Planning Commission meeting, they were resubmitting the concept plat. He explained the east access into Rob Lewis' property would be in Phase III. He stated he had put the 50 foot access between Lots 12 and 13, although it was not the ideal alignment for a street. He explained it could be realigned in a more direct east/west route and still have access to the property. He also noted there was access to the property through Phase VIII of Park Place. Mr. Jorgensen continued to explain the history of this project with a grid system of 111 lots measuring 85'x120'. He explained the plat submitted at the last Planning Commission meeting had contained 68 lots which caused concern with regard to size of lots, access in and out of the project, and drainage. Mr. Jorgensen reported he had since addressed all concerns at a meeting with adjacent property owners. He explained the individual concerns of the adjacent property owners had been addressed as follows: 1) Size of Lots - size was reduced to 58 lots. 2) Ridgely Drive Intersection - although not the best situation, it was the best access to Ridgely at this particular point. He noted plans to tie into Phase VI of Park Place would solve the ingress and egress issues. 3) Drainage - preparation of an overall drainage plan for the subject 40 acres as well as Park Place. He explained the preliminary drainage study identified several locations with drainage problems and control of this drainage was planned through run-off in a southerly direction. He stated that approximately 11 acres would drain in a southeast direction down to the proposed intersection. He further stated they would install adequate underground drainage pipe to handle the water along the east side of Ridgely, remove and replace drainage pipe across to Manor Drive, improve the ditch that ran along the east side of the private drive south of Manor Drive, and addition of drainage soil along the south portion of the project to eliminate drainage onto Dr. Harder's property. He noted another drainage path occurred in a northeasterly direction for which drainage facilities would be needed to reroute the flow along property lines and eventually into Park Place. Mr. Jorgensen stated the project would require a drainage study to be performed for both Foster/Brophy and Park Place. At Mr. Nickle's request, Mr. Jorgensen produced a map showing the different drainage areas in the vicinity of the subject subdivisions. Mr. Nickle asked if the adjoining property owners had been advised of the revised concept plan. Mr. Jorgensen responded that drainage was one of the biggest concerns of the adjoining property owners and a drainage plan had been presented at the property owners' meeting. Mr. Jorgensen continued to explain that the preliminary drainage study was an attempt to determine, not only the basic drainage areas, but also the flow before construction and the approximate flow following construction. • • • Planning Commission January 27, 1992 Page.22 Mr. Springborn inquired as to the drainage situation west of the tract. Mr. Jorgensen responded that on the west side, drainage comes off of Shadow Ridge. He explained that, according to the contour maps, the drainage pipe across Manor Drive drained 11 acres and the remainder drained from Ridgely. Mr. Springborn further asked what size of conduit would be needed to handle the drainage. Mr. Jorgensen explained that it was possible that on the east side of Ridgely a 42 inch pipe would be needed, running across Manor Drive. He stated the existing pipe running across Manor Drive would barely handle the existing need, over- flowing periodically. He explained the residents at the intersection of Ridgely and Manor were periodically flooded with the existing drainage structure and it would require replacement. Ron Skeith, a resident of Manor Drive, stated he was a registered professional engineer. He expressed his concerns regarding drainage in the Foster/Brophy Subdivision. Mr. Skeith stated that neighbors in the area had attempted to solve the existing drainage problem and the 20% increase in drainage proposed by the subject project would cause serious problems. He explained he did not believe the proposed culvert would solve the drainage problem. Ms. Britton asked if they could not require a detention pond to be placed on the property if Mr. Skeith's calculations were correct. Mr. Bunn stated the Planning Commission could require a detention pond. Mr. Tarvin referred to the ten year frequency in storms and asked Mr. Skeith to what frequency he was referring. Mr. Skeith responded that his statement that a 20% increase would force the water into his home was based on his observations from living there for the last 23 years, and the flooding occurred at least once a year. Mr. Tarvin further asked Mr. Skeith, as an engineer, if he had a particular solution to the drainage problem. Mr. Skeith responded his solution would be to not put any more water on his property. Ms. Maryann Bassett, a resident of the area, addressed the Planning Commission stating that in her 27 years of experience, every time someone built above them, they got more water from every side. In addition, she expressed her concern with the increased traffic a subdivision would cause. She expressed her belief that, while landowners should be able to develop land, it should not be at the risk of the safety, liveability, and comfort of the existing residents. Bill Bassett, 2210 Manor Drive, addressed the Planning Commission stating they had hoped that when the time came for this area to be developed, that it would be developed in such a way and manner that the lots would be large allowing for less destruction of trees and shrubs which hold water. He stated the drainage in the area was a serious and critical problem and believed the developers, engineers, architects, etc. on the project should be required to satisfy the Planning Commission and the Board of Directors that the drainage problems would be addressed and solved. He explained density or the lack of density in the subject subdivision would cure the drainage problem and the safety problem. He stated the rights of the landowners to develop their property to its highest and best use were tempered against the rights of adjacent and nearby property owners. In conclusion, Mr. Bassett requested that the Planning Commission review this project in such a manner so as to place appropriate and reasonable restrictions • • • Planning Commission January 27, 1992 Page 23 upon the developers and to make this subdivision somewhat compatible to the existing homes. In response to a question from Mr. Allred, Mr. Bunn responded that staff had not conducted a drainage study. He explained the developers would do the study and present the same for approval. He stated the drainage study was simply a concept on how the drainage could be handled. He further stated the Planning Commission could impose restrictions for off-site improvements necessary to handle drainage. Ms. Britton asked if Mr. Bunn saw a possibility that the drainage problem could not be solved. Mr. Bunn explained they could always build a ditch or lay a pipe large enough to handle the drainage but at some point it became cost restrictive. He stated that generally it was impossible to design a system that would handle all of the water, all of the time; the systems are designed on a given frequency. He explained that the ordinance did set out the frequency storm that was required to be handled. Mr. Tarvin stated that he would like to know what the ordinance required in the design criteria as far as storm frequency. Mr. Pummill asked what recourse the existing property owners had if the design was taken into consideration by the City, accepted and then did not work. Mr. Bunn explained their recourse would be through the courts against the developers and engineers. Mr. Bunn further stated that as long as the ordinances were met as far as frequency of storms designed for and the developer/engineer followed the ordinances, he did not know exactly what the City's liability would be. Mr. Jorgensen explained that, should the storm drainage system not work, the City had the right to ask the developer and engineer to correct the problem. He further stated the developer could offer a bill of assurance that he would have to solve the problem if the system did not work. He further stated it was his job and responsibility to solve drainage problems and he believed he could solve this one. He pointed out the preliminary drainage plan addressed in general methods of handling drainage problems. He explained if the drainage plan was approved, the actual design phase would address solving the drainage problems. Mr. Jorgensen continued to explain that, in Mr. Foster's other project, the drainage facilities were not installed as they should have been and he had been attempting to solve those problems. Steve Noland, 2451 Manor Drive, addressed the Planning Commission regarding his concerns on density, traffic and water problems associated with the subject project, and requested that the developers and consultants address the problems. David Horner, 2400 Manor Drive, addressed the Planning Commission regarding the drainage. problem. Don Stanton, 2532 Ridgely, stated 61 lots with two -car garages would produce 250 cars at the corner of Ridgely and Crossover. • Bruce Armstrong stated that the property on the east and south sides of the development averaged approximately 3-3/4 acres per home. He stated the smaller lots would not fit in with the area. He further stated he would like 2 to 3 acre lots with less homes, less traffic and diminished drainage problems. Bob Zierak, a resident of Shadow Ridge, addressed the Planning Commission stating • • • Planning Commission January 27, 1992 Page 24 that the people in the neighborhood in question would be getting all the water that came off of his property. In addition, he stated that the one issue that had not been addressed was the loss of green space and wildlife in the area. Paul Noland, 2190 Manor, stated that if a bill of assurance was required for drainage and traffic, that before Phase II of the project commenced, a second access could also be required through the bill of assurance. Mr. Allred questioned how either approval or disapproval of the concept plat would relate to the preliminary plat for Phase I. Mr. Bunn explained the concept plat did not require a vote. Mr. Allred stated that the Planning Commission would not take any action at this time on the concept plat. PRELIMINARY PLAT - FOSTER/BROPHY SUBDIVISION, PHASE I MARK FOSTER & RALPH BROPHY - N OF RIDGELY DR., W OF CROSSOVER ROAD The next item on the agenda was the preliminary plat for the Foster/Brophy Subdivision, submitted by Dave Jorgensen on behalf of Mark Foster and Ralph Brophy, for property located north of Ridgely Drive and west of Crossover Road. The property is zoned R-1, Low Density Residential and contains 14.20 acres with 20 lots. Mr. Allred stated that the Commission needed to consider all concerns previously voiced on the concept plat when discussing the preliminary plat. Mr. Sickle stated that he believed the drainage concerns were valid and suggested that it was the Planning Commission's duty to require the developer to solve the drainage problems on-site and make any off-site improvements required in order to prevent adverse affects on downstream landowners. He explained it fell under the auspices of the City Engineer to approve a drainage plan. He explained he would need Staff recommendation that there was a way to handle the drainage. He further stated the proposed drainage plan was not the answer if it increased off- site drainage. Mr. Allred suggested they could approve the preliminary plat subject to an acceptable drainage plan being resubmitted at a public hearing. Me. Britton explained the technical level of the drainage plan was over their heads and they would need staff expertise. Mr. Suchecki stated he had seen systems designed by engineers using accurate and precise definitions and laws that did not work. He further stated that he tended to lend a lot of credence with the residents. Mr. Tarvin stated that he would prefer to see the presentation of a drainage plan prior to approving the preliminary plan. He also expressed his view that the traffic concentration and access needed to be further addressed. Ms. Britton asked whether the developer would be required to develop the intersection at Ridgely and the entry into the new development totally with curb and gutters. Mr. Bunn explained the street going into the subdivision from Ridgely would be a 31 foot street with curb and gutter and curbs would probably be added on the northeast corner and west side. 16 • • • Planning Commission January 27, 1992 Page 25 Ms. Britton stated that she would like to see the developer be required to improve the total intersection which would divert drainage at the southeast corner. Mr. Tarvin asked how the lot sizes compared with the lot sizes on Manor Drive. Ms. Basset explained they were smaller. Mr. Tarvin asked Mr. Allred if it would be in order to table this matter until a drainage plan was submitted to the City Engineer for inspection and approval. Mr. Allred stated it would. MOTION Mr. Tarvin moved to table the preliminary plat for the Foster/Brophy Subdivision pending the consultant's submittal of a drainage plan in sufficient detail to be approved by the City Engineer. Ms. Britton seconded the motion. The motion passed unanimously. PRELIMINARY PLAT - PARR PLACE PHASE VI JIM LINDSEY - W OF CROSSOVER RD, S OF VICTORIA LN The next item on the agenda was a preliminary plat for Park Place Phase VI, submitted by Dave Jorgensen on behalf of Jim Lindsey, for property located west of Crossover Road and south of Victoria Lane. The property is zoned R-1, Low Density Residential and contains 11.26 acres with 25 lots. Mr. Bunn explained that, while the subject subdivision was located immediately south of Phase V of Park Place, it did not connect to the original Park Place Subdivision. He further explained Phase VI was tied to Phases VII and VIII and would have a connection to Highway 265 with an eventual connection south to the Foster/Brophy Subdivision. Mr. Bunn reported that there were no significant issues raised at the plat review meeting and the main issue raised at the subdivision committee meeting was that of drainage in the area. He stated it had been suggested by the committee that a master drainage plan be prepared and submitted which would encompass all three submitted phases of Park Place and would include any impact from development to the south. Mr. Bunn recommended that the preliminary plat be approved subject to plat review and subdivision committee comments; the submittal of a master drainage plan of the Park Place area including Phases VI, VII and VIII; submittal and approval of detailed plans for water, sewer, streets and drainage; payment of required parks fees; and accordance with City ordinances for the construction of sidewalks. Me. Britton pointed out that Londonberry Drive was too straight and would encourage people to exceed the speed limit regardless of the posted speed. Mr. Jorgensen responded that could be accommodated in Phase VIII as the alignment in Phase VIII did not line up exactly with Phase VI. He also suggested there could possibly be additional offsets. Mr. Bunn reported that the Planning Commission, upon appeal of the residents of Park Place, had approximately a year and a half ago decided against making a connection between the existing Park Place and the new phases of Park Place. He Ib • • Planning Commission January 27, 1992 Page 26 explained the access easement had been left only for the purpose of emergency vehicles. Ms. Britton asked if Phase VI access would be constructed before Phase VIII; to which Mr. Jorgensen responded that Phase VIII would have to be constructed first. Mr. Jorgensen verified that development to the south of Phase VIII is the reason for providing access through Phase VIII. MOTION Mr. Nickle moved to approve the preliminary plat for Park Place Phase VI, subject to staff and committee comments; submission of a master drainage plan and off- sets in the street. Ms. Britton seconded the motion. The motion passed unanimously. PRELIMINARY PLAT - PARR PLACE PHASE VII JIM LINDSEY - B OF CAMBRIDGE RD, W OF CROSSOVER RD The next item on the agenda was a preliminary plat for Park Place Phase VII, submitted by Dave Jorgensen on behalf of Jim Lindsey, for property located east of Cambridge Road and west of Crossover Road. The property is zoned R-1, Low Density Residential and contains 6.31 acres with 12 lots. Mr. Bunn explained this subdivision was located immediately east of the existing Park Place addition and north of Phase VIII of Park Place. He recommended the preliminary plat be approved subject to plat review and subdivision committee comments; the submittal of a master drainage plan of the Park Place area including Phases VI, VII and VIII; submittal and approval of detailed plans for water, sewer, streets and drainage; payment of required parks fees; and accordance with City ordinances for the construction of sidewalks. Mr. Bunn explained that the Parks Board decided whether a donation of land is appropriate in any given subdivision, or whether payment of parks fees should be made. Ms. Britton stated that if Phase VII of the development was approved, it could not be developed prior to its access. MOTION Ms. Britton moved to approve the preliminary plat for Park Place Phase VII, subject to staff recommendations. Mr. Nickle seconded the motion. The motion passed unanimously. PRELIMINARY PLAT - PARE PLACE PHASE VIII JIM LINDSEY - W OF CROSSOVER RD, S OF MISSION BLVD The next item on the agenda was a preliminary plat for Park Place Phase VIII, submitted by Dave Jorgensen on behalf of Jim Lindsey, for property located west of Crossover Road and south of Mission Blvd. The property is zoned R-1, Low Density Residential and contains 20.05 acres with 32 lots. 1`1 • • Planning Commission January 27, 1992 Page 27 Mr. Bunn Phase VI together a waiver VIII. explained that Phase VIII was adjacent to Highway 265 and tied with to the west and Phase VII to the north. He further explained Phase VII with Phase VIII makes a total cul -da -sac of more than 500 feet requiring of the minimum distance for cul -da -sac, to be approved along with Phase Mr. Bunn reported considerable discussion from the utility companies on this particular plat and noted easements had been changed at the request of the utility companies. He reminded the Commission this phase had been before the Planning Commission over a year ago and was approved; but due to the passage of a year without any action, the phase was required to come back before the Planning Commission. Mr. Bunn further reported that Staff requested that the roadway easement adjacent to Highway 265 be increased to fifty feet on the developer's side due to the plan for widening Highway 265 to four lanes at some point in the future. He informed the Commission that, according to the City Master Street Plan, this was an arterial street and up to 100 feet of easement was required. He also noted staff was requesting that sidewalks be installed leaving a green space between the sidewalks and curbs. Mr. Bunn stated that Staff recommended that the preliminary plat be approved subject to plat review and subdivision committee comments; the submittal of a master drainage plan of the Park Place area including Phases VI, VII and VIII; submittal and approval of detailed plans for water, sewer, streets and drainage; payment of required parks fees; and accordance with City ordinances for the construction of sidewalks. Mr. Jorgensen stated that he concurred with the requirements. MOTION Mr. Springborn moved to approve the preliminary plat for Park Place Phase VIII, subject to plat review, subdivision and staff recommendations and comments. Mr. Tarvin seconded the motion. Ms. Britton stated that, since Londonberry Drive was a straight shot, it should be curved and have the east section of Londonberry come in at a right angle to the new street alignment; otherwise, it would be another Township. Mr. Jorgensen stated that was a good idea; however he had not had a chance to discuss it with Mr. Lindsey. Mr. Springborn stated that he was satisfied leaving it to Mr. Jorgensen's best effort; to which Ms. Britton responded that he would then have to change it. Mr. Allred stated that it will then take an amendment to their motion to change it. MOTION Ms. Britton made a motion to amend the current motion that the preliminary plat be contingent upon the alignment of the road being changed so it would not be a direct site line. Mr. Tarvin seconded the motion. The motion to amend passed unanimously. Mr. Allred then called for a vote on the motion to including the waiver of the cul -da -sac link, even approve the preliminary plat, though it might be changed. ADAM STREET TOWNHOUSES - GLENN SOWDER (LSD) 125 ADAMS, CATHY (LS #1) 43 ADDITION TO GARLAND GARDENS - JOE FRED STARR (LSD) 85 ALDI GROCERY STORE - ALDI INC. (LSD) 12 ALEXANDER, RICHARD (CU92-9) 42 ALLRED COMMENDATION 23 AMENDMENT TO SECTION 98 OF CITY CODE 247 AMENDMENT TO ZONING ORDINANCE 247 APP. OF AMENDMENT TO COVENANTS FOR SEQUOYAH S. SUBDIVISION 264 ARCHER, JULIAN (V92-1) 240 ASPEN HEIGHTS - MB3 PROPERTIES (PP) 132 AUST, STEVE (CU92-3) 7 BALL, E. J. (R92-21) 178 BAYLEY TOWNHOUSES - KIRBY ESTES (LSD) 96 BENEVOLENT BUILDING CORP. (R92-31) 207 BERRYMAN, JAY (CU92-26 & LSD) 229 BERRYMAN, JAY (CU92-26 & LSD) 241 BILLY BROWN ESTATES (R92-14, R92-15 & LS #1, 2 & 3) 73 BISHOP, WADE (CU92-23) 186 BMP DEVELOPMENT (R92-41) 250 BOARD OF SIGN APPEALS 228 BREW PUB - C. THOMAS PEARSON JR. (CU) 149 BULLARD, MARILYN (CU92-7) 22 BUTTERFIELD MEADOWS - BMP DEVELOPMENT (FP) 135 BUTTERFIELD MEADOWS ADDITION - HARRY GRAY (PP) 31 CAMPBELL SOUP CO. (V92-3) 263 CARNES, RALPH (R92-35) 225 CHRIST ON CAMPUS (CU92-17) 167 CLEVELAND, BILL (LS #1) 11 CLEVENGER, CLIFFORD & MARY (R92-28) 147 COMMISSIONER WORKSHOP 34 CONTROLLED ACCESS HIGHWAYS 24 COWBOY STEAKHOUSE - MIKE COLLINS (LSD) 159 CRAFTON PLACE - JIM LINDSEY (LSD) 97 CROSS STREET SERVICES - CHUCK WEBB (LSD) 190 CROSSOVER HEIGHTS, PHASE II - DICK & BILL KEATING (PP) 184 CROSSOVER HEIGHTS, PHASE III - BILL & DICK KEATING (PP) 211 CROSSOVER HEIGHTS - BILL & DICK KEATING (FP) 99 CURTIS, MICHAEL (V92-2) 262 CURTIS, NELSON & GLENN OLDHAM (R92-23 & R92-24) 121 CURTIS, NELSON & GLENN OLDHAM (R92-23 & R92-24) 141 CURTIS, NELSON & GLENN OLDHAM (R92-24) 157 • CURTIS, NELSON & GLENN OLDHAM (LS #1, 2 & 3) CURTIS, NELSON & GLENN OLDHAM (LS #1, 2, & 3) DICKEY, VONELL (R92-34) DISCUSSION OF THE PROPOSED TREE PROTECTION ORDINANCE 158 121 224 194 ELSASS, KIRK (CU92-22) 181 EMERALD SUBDIVISIONS - J. B. HAYS (FP) 171 ENGINEERING RESOURCES, INC. - ENGINEERING RESOURCES (LSD) 226 ENNIS, BOBBY LEE (LS #1 & 2) 189 EZELL, PHILLIP (LS #1) 10 FAUCETTE, GEORGE ( CU92-10) 50 FAYETTEVILLE CHURCH OF CHRIST - JAMES KEY (LSD) 13 FIRMIN, JACK JR. (LS #1 & 2) 88 FLEA MARKET ORDINANCE 164 FOSTER/BROPHY SUBDIVISION, PHASE I (PP) 15 FOSTER/BROPHY SUBDIVISION - MARK FOSTER & RALPH BROPHY (CP) 14 FOXRUN ADDITION REPLAT - DAVE JORGENSEN (FP) 41 GARAGE SALE REGULATIONS 24 GARAGE SALE ORDINANCE 100 GARRIOTT, WILLIAM (LS #1) 261 GENEVA SWEETSER ESTATE (LS #1 & 2) 261 GINGER, DON (CU92-2) 6 GLENN, VERNON (LS #1) 260 GRAY, HARRY (LS #1 & 2) 35 GRAY, HARRY (R92-6) 19 GRAY, HARRY (LS #1) 80 GRAY, HARRY (R92-8, R92-9, & R92-10) 26 HALEY, MARY JANE (LS #1) 137 HALEY, MARY JANE (LS #1) 155 HALEY, BAY I. (R92-40 & LS #1) 249 HAMMOND PLAZA - MEL MILHOLLAND (PP) 48 HANNA WAREHOUSE - BURT HANNA (LSD) 214 HARRELSON, BARBARA (CU92-28) 259 HOME DAY CARE FACILITIES 24 HOUSTON MEADOWS SUBDIVISION _ HARRY GRAY (FP) 56 HOYET GREENWOOD ESTATE (R92-36) 233 HUCKINS, ANDREW (ANNEXATION) 4 INTRODUCTION OF REGIONAL PLANNING MEMBER 60 JIM BLACKSTON SUBDIVISION - JIM BLACKSTON (CONCURRENT PLAT) 87 JORGENSEN, DAVE (R92-18 & LS #1 & 2) 78 JORGENSEN, DAVE (LS #1) 66 KEATING, DICK (R92-32) 209 KEATING, DICK (R92-39) 246 KEATING, DICK (R92-38) 245 KEATING SUBDIVISION - DAVE JORGENSEN (PP) 41 KEATING, DICK (R92-12) 40 KELLY, LYNN (R92-33) 223 KELLY EXCAVATION - LYNN KELLY (LSD) 213 KNOX, DR. LUKE & DR. CYNTHIA KNOX (R92-19) 90 LAND USE PLAN 82 LAND USE RESOLUTION 60 LANGHAM, FRANCES (LS #2 & 3) 185 LEVERICH, ROSEANNE (CU91-17) 205 LOWE'S HOME CENTER - LOWE'S HOME CENTERS (LSD) 237 MAGLOTHIN, E.E. JR. (LS #1 & 2) 52 MARVIN, KEN (CU92-8) 28 MASTER STREET PLAN 34 MATHIAS MINI -STORAGE - SAM MATHIAS (LSD) 28 MAURER, JAMES (LS #3) 51 MAYES, RICHARD (R92-1) 68 MAYES, RICHARD (R92 -I) 83 MAYES, RICHARD (R92-1) 1 MCANARNEY, ROBERT & CYNTHIA (R92-42) 253 MCCONNELL, RUSSELL (LS #1) 136 MERSKY, DAVE & HARRIETT NEIMAN (CU92-15) 123 MISSION HILLS - ROB. MERRYSHIP (PP) 171 MISSION BOULEVARD SUBDIVISION - GORDON WILKENS (PP) 183 MONTEZ, DR. CARMELLA (R92-21) 116 MONTEZ, DR. CARMELLA (R92-21) 102 MONTEZ, CARMELLA (LS #1) 99 N. HILLS NURSING CENTER - RICHARD OSBORNE & TOMMY HOLLAND (LSD)214 NETTLESHIP, DR. MAE (R92-25, R92-26, & R92-27) 121 NETTLESHIP, DR. MAE (R92-25, R92-26, & R92-27) 144 NEUKRANZ, ROBERT (CU92-1) 5 NEWSOME APARTMENTS - BO NEWSOME (LSD) 103 NIBLOCK, MAJORIE (LS #I) 10 NON -CONFORMING LOTS 24 NORTH HEIGHTS ADDITION - CHARLIE SLOAN (FP) 212 • NORTHWEST ACRES, PHASE III - JEFF ALLEN (PP) 183 NORTHWEST ACRES ESTATES - DAVE JORGENSEN (PP) 49 NORTHWEST ACRES ESTATES - JAMES MOORE (FP) NORTHWEST ACRES ESTATES, PHASE III - JEFF ALLEN (FP) OAKSHIRE EAST APARTMENTS - KIRK ELSASS (LSD & CU92-22) OLD WIRE ROAD SUBDIVISION - SAM MATHIAS & BUD TOMLINSON (PP) OLD WIRE SUBDIVISION - MIKE PENNINGTON (PP) OSBORNE, RICK (R92-3) OWEN, TIM (R92-7) OWEN,TIM(LS#2&3) PARK PLACE, PHASE VI - JIM LINDSEY (PP) PARK PLACE, PHASE VIII- JIM LINDSEY (PP) PARK PLACE, PHASE VII - JIM LINDSEY (PP) PARK PLACE, PHASE VI, VII, & VIII - JIM LINDSEY (FP) PARSONS, CAROLINE (R92-29) PETTUS, LAMAR (R92-5) PETTUS, LAMAR (R92-5) PHEBUS, ROLAND (LS #1) PHILLIPS, JIM & RICK ROBLEE (R91-23) PHILLIPS, JIM & RICK ROBLEE (R91-23) PINE HAVEN ADDITION - GORDON WILKENS (FP) PRATT WOODS ADDITION - JULIAN ARCHER (PP) • PRESLEY, ROSE ANNA (CU92-14 - HOME OCCUPATION) PRICE, MIKE (R92-2) PROVIDENCE PLACE - GERALD MCARTOR (FP) PROVIDENCE PLACE ADDITION - JERRY & CINDY MCARTOR (PP) QUAIL CREEK SUBDIVISION, PHASES II & III- MEL MILHOLLAND (PP) RAGSDALE, RAY (LS #1) RANTIS, DARYL (LS #1) RANTIS, DARYL (R92-11) 'R\tEOInREGENCY 7 MOTEL - TERRY DILL (LSD) , -7RIDGEMONTE ESTATES - MB3 PROPERTIES (FP) RIDGEWOOD SUBDIVISION - JIM PHILLIPS & RICK ROBLEE (PP) SALE OF ALCOHOLIC BEVERAGES SAVANNA ESTATES, PHASES I & II - MARK FOSTER & BUDDY PEOPLES SEQUOYAH MEADOWS, PHASE I - HARRY GRAY (FP) SHADY ACRES - BMB PROPERTIES (PP) SHERWOOD, RONNIE (LS #1 & 2) SHREVE, KEITH (LS #1) SIEDSCHLAG, THOMAS (CU92-10) • SIMPLEX MOTEL - SIMPLEX MOTEL GROUP (LSD) SKATEBOARD PARK - REVIEW (CU91-7) 98 258 200 173 216 3 25 26 16 17 17 168 165 36 18 163 138 119 8 253 102 2 134 86 64 137 114 37 1 162 118 24 (PP) 127 49 130 162 239 57 126 66 • SONNEMAN, E.H. (R92-13) 54 SPRING CREEK NORTH ADDITION - HARRY GRAY (CONCURRENT PLAT) 57 STEWART, JIM (CU92-6) 20 STILLWELL, BRONSON (CU92-24) 191 SUBDIVISION COMMITTEE MEMBERSHIP 34 SUBDIVISIONS APPROVED IN 1991 60 TIMBER CREST SUBDIVISION - MEL MILHOLLAND (FP) 55 TRESSLER PARK (MALL) - AARON MILLS (LSD) 8 UPTEGRAFT, LARRY (CU92-12 - TANDEM LOT & LS) 59 VACATION OF VANEVENTER STREET 227 VILLINES, DANNY (R92-22) 120 VILLINES, DANNY (R92-22) 139 VISION PROJECT 63 VISIONS REPORT 23 WALNUT PARK, PHASE I - HARRY GRAY (FP) 50 WALNUT PARK ADDITION - HARRY GRAY (PP) 29 WALNUT HAVEN ADDITION - HARRY GRAY (CONCURRENT PLAT) 81 WALNUT VIEW ESTATES - R -CON, INC. (PP) 113 • WALNUT PARK ADDITION, PHASE II - DON JOHNSON & DAVID JOHNSON (FP)191 WALNUT PARK ADDITION, PHASE III - CASTLE DEVELOPMENT CO. (FP) 256 WAREHOUSE DEVELOPMENT - BURT HANNA (LSD) 64 WATSON'S GROCERY - JIM WATSON (LSD) 9 WESTERN HILLS VENTURE (R92-20) 92 WILLIAMS CENTER, INC. - JIM MEINECKE (LSD) 94 WOODBURY PLACE - MID -SOUTHERN INTERPRISES, INC. (FP) 257 WOODBURY PLACE - MID -SOUTHERN ENTERPRISES, INC. (PP) 161 WOODFIELD ADDITION, PHASE II -HARRY GRAY (FP) 56 WOODFIELD ADDITION, PHASE III - BMP DEVELOPMENT (FP) 258 WOODLANDS ADDITION - HARRY GRAY (PP) 81 WOODY, JOAN (LS #1) 59 • YANCY, TRUMAN (R92-17 & ANNEXATION) 75 YOUNGMAN, DALE (CU -92-11- TANDEM LOT & LS) 58 ZONING ORD. AMENDMENT• AUCTIONS, FLEA MARKETS, & GARAGE SALES 44