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HomeMy WebLinkAbout1993-07-12 Minutes• • • MINUTES OF A MEETING OF THE FAYETTEVILLE CITY PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, July 12, 1993 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, Kenneth Pummill, Joe Tarvin, J. E. Springborn, Chuck Nickle (arrived late), Bob Reynolds, and Jerry Allred MEMBERS ABSENT: OTHERS PRESENT: Tom Suchecki and Jett Cato Alett Little, Tim Conklin, Murphy Hartshorn, members of the press and others MINUTES Ms. Britton requested the minutes to be corrected on page 7 to read "due to topography and number of curb cuts, Me. Britton suggested having the duplex lots up in the development rather than fronting on Happy Hollow to lessen impact to the existing neighborhood". They were then approved as corrected. PRELIMINARY PLAT - WILLOW SPRINGS ADDITION RALPH WALKER - N OF WEDINGTON DR., W OF RUPPLE RD. The next item was a preliminary plat for Willow Springs Addition presented by Dave Jorgensen on behalf of Ralph Walker for property located on the north side of Wedington Drive, west of Rupple Road. The property is zoned R-2, Medium Density Residential, and R-1.5, Moderate Density Residential, and contains 15.25 acres with 68 proposed lots. Mr. Tim Conklin, Planning Department, read the City Engineer's report, as follows: "This is a preliminary plat submitted by Jorgensen and Associates on behalf of the owner, Ralph Walker of Rogers, Arkansas. The development consists of 68 lots on 15.3 acres. "There were several additional easements and various crossings requested by the utilities. Staff remarks included comments on street light locations, fire hydrant locations, greenspace fees, drainage, a tree preservation plan, sidewalk locations, and off-site easements. "At the Subdivision Committee there was considerable discussion of the concept plat submitted by Mr. Jorgensen and the various accesses to this subdivision and how it fit into the overall plan. The Committee recommended forwarding the plat to the full Planning Commission. "It is the recommendation of the Staff that the Preliminary Plat be approved subject to: (1) Plat Review and Subdivision Committee comments; (2) submittal of a grading and drainage plan; (3) approval -of the detailed plans for water, sewer, streets, and drainage construction; (4) payment of parks fees and the construction of sidewalks in accordance with City ordinances; a review of sewer loadings in the area to determine if this development should participate in a replacement or relief sewer; and (6) filing of a tree preservation plan prior to any disturbance of the soil, per the Tree Ordinance." Mr. Jorgensen concurred with staff comments. He advised this property would be developed in single family homes and was not a multi -family development. He further noted access would be provided through Carriage Way and Northwest Acres, Phase IV, at a future date, as shown on the concept plat. • • • Planning Commission July 12, 1993 Page 2 MOTION Mr. Allred moved to approve the preliminary plat subject to staff comments. Mr. Pummill seconded the motion. The motion carried unanimously. 2-2,3 • • • Planning Commission July 12, 1993 Page 3 FINAL PLAT - NORTHWEST ACRES, PHASE IV DR. JAMES MOORE - N OF WEDINGTON, W OF RDPPLE RD. The next item was a final plat for Northwest Acres, Phase IV, presented by Dave Jorgensen on behalf of Dr. James Moore, for property located north of Wedington Drive, west of Rupple Road. The property is zoned R-2, Medium Density Residential, and contains 10 acres with 23 proposed lots. Mr. Conklin read Mr. Bunn's report, as Northwest Acres, Phase IV, submitted by James Moore. The development consists of develop the subdivision as multi -family. follows: "This is the Final Plat of Jorgensen and Associates on behalf of 23 lots on 10 acres. The intent is to "There were no significant comments by any of the utilities. Staff remarks included comments on the need for street names and the need for a contract for the unfinished improvements, including street lights. "The Subdivision Committee recommended forwarding the Final Plat to the full Planning Commission for approval. "It is the recommendation of the Staff that the Final Plat be approved subject to (1) Plat Review and Subdivision Committee comments; (2) construction of sidewalks and the payment of Parks Fees in accordance with City Ordinances; (3) a contract for the unfinished public improvements, including street lights; and (4) naming and location of the cross streets shown in the subdivision. Mr. Jorgensen concurred with staff comments and gave the status of construction at the subdivision. MOTION Mr. Pummill moved to approve the final plat subject to staff comments. Mr. Springborn seconded the motion. The motion carried unanimously. • • • Planning Commission July 12, 1993 Page 4 FINAL PLAT - SPRING PARK, PHASE II (LOTS 4, 6, 8 S 11) CLARY DEVELOPMENT - W OF SHILOH, OFF JOYCE BLVD. The next item was a final plat for Spring Park, Phase II (Lots 4, 6, 8 and 11) submitted by Robert Brown on behalf of Clary Development for property located west of Shiloh Drive, off Joyce Boulevard. The property is zoned C-2, Thoroughfare Commercial, and contains 45.70 acres. Mr. Conklin read Mr. Bunn's report: "This is a Final Plat on a portion of Spring Park Subdivision, Phase II. This final plat involves Lots 4, 6, 8, and 11 only. Development Consultants Incorporated is representing the owner, Clary Development Corporation. "There were no significant comments by any of the utilities present. Staff comments included questions on the fire hydrants and water lines in the area, improvements at the intersection, and the extension of Joyce Boulevard. "After some discussion on the project, the Subdivision Committee recommended forwarding the Final Plat to the full Planning Commission. It was noted that all of the lots would have to be developed as Large Scale Developments and some of the details of utility construction would be addressed at that time. "It is the recommendation of the Staff that the Final Plat be approved subject to: (1) Plat Review and. Subdivision Committee comments; (2) final abandonment of the Mall Avenue right-of-way and associated utility easements; and (3) a contract or other security for the construction of all required improvements, including street lights." Mr. Brown stated he was in agreement with staff recommendations and conditions. MOTION Mr. Pummill moved to approve the final plat subject to staff comments. Mr. Reynolds seconded the motion. The motion carried unanimously. • • • Planning Commission July 12, 1993 Page 5 RIGHT-OF-WAY VACATION V93-8 CLARY DEVELOPMENT - MALL LANE, S OF JOYCE The next item was a right-of-way vacation submitted by Robert Brown of Clary Development to vacate Mall Lane, south of Joyce Boulevard. Mr. Conklin read Mr. Bunn's report: "The Clary Development Corporation is requesting a vacation of Mall Avenue south of Joyce Boulevard and certain associated utility easements. The purpose of the request is to allow for development of the area with private drives. The street will remain in place, but will be under private ownership and will be maintained privately. Utility easements are being provided as part of a replat of the area. "None of the utilities had any objections to the closing of either the street right-of-way or associated easements. There was a request that a 25 foot easement be retained adjacent to Joyce Boulevard across the abandoned Mall Avenue. "It is the recommendation of the Staff that the right-of-way and easements be abandoned as requested." In response to a question from Mr. Springborn, Ms. Little advised this item, if approved, would be forwarded to the City Council. Mr. Brown explained there was a 25 -foot strip available which would cover street right-of-way. He further advised that eventually they planned on widening the street to allow for one more turn lane. Ms. Britton asked if utility easements would have to be relocated when they installed an additional turn lane. Mr. Brown stated the utilities would not have to be relocated but they would have to move the curbs and provide additional drainage. Ms. Britton asked if Mall Lane belonged to the Northwest Arkansas Mall or to the City. Ms. Little explained it was designated as street right-of-way. Me. Britton asked if the street would eventually require more right-of-way. Me. Little stated that was a possibility to the west. Me. Britton asked it be noted that additional right-of-way would be needed in the future. MOTION Mr. Pummill moved to approve the vacation request. Ms. Britton seconded the motion. The motion carried unanimously. • • • Planning Commission July 12, 1993 Page 6 CONDITIONAL USE CU93-21, CU93-22 & LOT SPLIT #1 HARRY GRAY - E OF S SCHOOL, OFF MORROW DRIVE The next items were Conditional Uses CU93-21 and CU93-22 and lot split #1 presented by Harry Gray for property located east of South School, off Morrow Drive. The property is zoned R-1, Low Density Residential. The request is for. a lot split and two tandem lots. Mr. Conklin read Mr. Bunn's report: "This is a request for a first split of property owned by Harry and Marty Gray of Fayetteville. The property in question is already a tandem lot under our zoning code although it existed before the 1970 Zoning Ordinance, which provided for tandem lots. "The two lots being created by the split are 4.85 acres each. There is already a 50 -foot easement which accesses Tract 1. It would be the intention of the owner to provide a 25 -foot access easement across Tract 1 to serve Tract 2. "It is the recommendation of the Staff that the Lot Split and Tandem Lots be approved." Ms. Little explained the adjoining property had been acquired for the airport as required by the FAA. Mr. Gray stated the airport had taken 18 acres on which his family had planned to construct their home. MOTION Mr. Allred moved to approve the lot split and both tandem lots. Mr. Springborn seconded the motion. The motion carried unanimously. Mr. Sickle entered the meeting. • • Planning Commission July 12, 1993 Page 7 CONDITIONAL USE CU93-23 - RADIO ANTENNA TOWER SWEPCO - SE CORNER OF SKYLINE & WILLIAMS The next item was a conditional use presented by Floyd Hornaday, SWEPCO, to allow a radio antenna tower to be located at the southeast corner of Skyline and Williams. The property is zoned R-1, Low Density Residential. Mr. Conklin advised the Commission the applicant was requesting to replace an existing 90 foot radio antenna pole with a 185 foot steel antenna tower. He explained Use Unit 3 allowed public protection and utility equipment as a conditional use within R-1 zoning districts due to the special location needs of the equipment. He stated that, since this was an existing use and the increase in height was the major issue, staff recommended approval of the conditional use request to allow a 185 foot radio antenna tower to replace the existing 90 foot antenna. In response to a question from Mr. Springborn, Ms. Little advised that, if they approved the request, no additional approval would be required. Mr. Floyd Hornaday, SWEPCO, stated the tower had received FCC/FAA approval. He explained they were converting a two-way system in 800 High Frequency System which would expand their coverage and allow more channel capabilities (especially in storm situations). He further noted they planned on expanding to Rogers and Fort Smith. Ms. Britton stated a single wooden pole 185 feet high disturbed her. Mr. Hornaday explained the pole was self-supporting and would be placed in 16 feet of concrete. In response to a question from Ms. Little, he stated the footing would be 5 feet across and 16 feet deep. Mr. Frank Doughty, an adjacent property owner, stated he had a dispute over a common property line with SWEPCO. He advised there was a 25 -foot discrepancy. He explained that surveyors normally surveyed from the east but SWEPCO surveyed from the north which produced a 25 foot sliver of land which did not exist. He also noted there were general survey discrepancies all over the Mt. Sequoyah area. He informed the Commission a building was eventually planned to be added to the tower. In response to a question from Me. Britton, Mr. Honiby stated the building would consist of metal materials. Me. Britton stated she would not want that type of building located next to her home. Mr. Allred suggested the item be tabled to the first meeting in August in order to work out the lot line dispute. Mr. Hornaday explained it had been 10 to 15 years since there had been any improvements made to the existing tower. He advised the Commission the new tower would be a state of the art system which should last the next 50 to 100 years. Mr. Doughty explained he owned lots 133 through 138 and, if there was 25 feet to the south, all of his lots would have to shift. Ms. Britton asked Mr. Tarvin if it was not customary to measure from two points when surveying. • • • Planning Commission July 12, 1993 Page 8 Mr. Tarvin stated he was not speaking as a licensed surveyor but it was customary to measure from two points. NOTION Mr. Allred moved to table this item until the first meeting in August in order to settle the property line dispute. Me. Britton seconded the motion. The motion carried unanimously. �a� • • • Planning Commission July 12, 1993 Page 9 CONDITIONAL USE CU93-24 - HOME OCCUPATION (CHILD CARE) DORIS DOZIER - 1599 RAMSEY AVENUE The next item was a conditional use for a home occupation (child care) submitted by Doris Dozier for property located at 1599 Ramsey Avenue. The property is zoned R-1, Low Density Residential. Mr. Conklin explained the applicant was requesting a home occupation for child care. He reviewed the home occupation ordinance. He also explained approval from the state was required. He recommended approval of the requested facility (maximum of 6 children) within that granting the conditional use would general vicinity and would not adversely conditional use to allow a child care an R-1 zoning district. He explained be compatible with properties in the affect the public interest. Mr. Brent Dozier, husband of the applicant, was present to represent his wife and explained there had been a misunderstanding; that he had believed the conditional use was to allow them to care for up to 10 children. Ms. Little explained the ordinance allowed only up to 6 children in a home occupation situation. She stated the ordinance would be revised in the future to read "child care facility subject to the number of children approved by the State of Arkansas". There was discussion regarding making all home occupation - child care facility conditional uses retroactive once the new ordinance was approved. Mr. Conklin pointed out that the home occupation ordinance did not allow the hiring of any employees. He stated it would be difficult for one person to take care of more than 6 children. After further discussion, it was determined this request was not a home occupation. In response to a question from Mr. Allred, Mr. Dozier explained they were in the process of purchasing the home but did not own it at the present time. Mr. Allred expressed his opinion the owner's signature should be required on the application for a child care facility. Ms. Little advised the subject property was located on a dead-end street. Ms. Britton asked if the adjoining property owners were notified. Mr. Dozier stated all of the adjoining property owners had been notified and none of them were opposed. MOTION Mr. Pummill moved to approve the conditional use to allow the care of up to 10 children subject to obtaining the property owner's signature. Mrs. Britton seconded the motion. The motion carried unanimously. 94,0 • • • Planning Commission July 12, 1993 Page 10 CONDITIONAL USE C093-25 - PROFESSIONAL OFFICE ALAN REID - 203 CONNER STREET The next item was a conditional use to allow a professional office (surveying) in an R-2, Medium Density Residential, zoning district presented by Alan Reid for property located at 203 Conner. Mr. Conklin advised the subject neighborhood consisted primarily of single family homes. He pointed out that, directly to the north and west, there was property zoned R -O, Residential -Office. He noted access to the site was from Conner Avenue, a one-way street. He explained the applicant had proposed to develop the three required paved parking spaces at the rear of the building with the parking spaces being accessed from the existing 10 -foot wide alley way which would be required to be paved. He recommended approval of the requested conditional use with a provision for review after a period of one year. He explained that, after one year had passed, staff would review the file and determine if there were any complaints or opposition regarding the conditional use. He further stated that, if there were no complaints or opposition, the conditional use would automatically be granted for the life of the use as a surveyors office. Mr. Reynolds advised the subject area was an old existing residential neighborhood. In response to a comment from Ms. Britton, Mr. Reid explained he would be tearing down the stone wall and removing the tree. Mr. Reid also noted he had not realized he had to pave the alley. Me. Little explained he would be required to pave 12.5 feet into the property, which included the alley. After discussion regarding the removal of the trees, Mr. Pummill stated the tree ordinance did not apply in this instance. Me. Britton asked if a sign had been posted on the property giving notification to the adjoining property owners. Ms. Little stated there was a sign posted on the corner and the adjoining property owners had been notified. Mr. Reynolds asked Mr. Reid if he planned to make any improvements to the structure. Mr. Reid stated he planned on rebuilding the back porch and putting in the parking space requirements. He further advised he did not agree with the requirement to pave the alley. He pointed out other property owners down the alley used the alley and did not have to pave their portion. Ms. Emilia Fulton, 230 Conner, expressed concern regarding parking. She stated. residents along the street received parking tickets, there was a traffic problem and the street was very narrow. Mr. Woody Charlton, a neighboring resident, stated the area was an old residential neighborhood and he would hate to see it eaten up with offices. Mr. Reid stated parking in the alley would alleviate parking problems on Conner. He also pointed out it would be a quiet office which would be in operation only during the day. • • • Planning Commission July 12, 1993 Page 11 Mr. Tarvin stated it was a quiet, undisturbed residential neighborhood and he would have to vote no. Mr. Allred suggested they could restrict it to only an office, never rental space for students, etc. Mr. Reid stated the house had never been a rental house. Me. Britton stated the area was a nice, tree -lined neighborhood and she could not see offices being located in the area. Mr. Reid stated he could look out the front door and see a Buddist temple, the library, and a chiropractor's office. He further stated the neighborhood was not strictly residential. MOTION Mr. Allred moved to approve the conditional use. Mr. Pummill seconded the motion. The motion failed 5-2-0 with Commissioners Tarvin, Reynolds, Nickle, Springborn and Britton voting "no" and Commissioners Allred and Pummill voting "yes". 01'32- • • Planning Commission July 12, 1993 Page 12 OTHER BUSINESS: Discussion of Case by Jerry Rose, City Attorney Mr. Springborn requested this matter be tabled until all of the Planning, Commission members were present. Discussion of Televising Planning Commission Meeting Mr. Woody Charlton of the Fayetteville Cable Board appeared before the Planning Commission regarding televising the Planning Commission meetings. He pointed out other government meetings, such as the City Council, Quorum Court, Mayor's program, etc. were televised. He stated the general public believed there was a need for more public meetings to be televised. He informed the Commission that, if the meetings were televised, the citizens would be better informed. He advised that, if the meetings were held in the courtroom, they would be live telecasts but, if they were held in any other rooms in the building, they would be taped and played at a later date. He explained taping would be paid for through franchise fees together with Warner Cable. He stated that would be budgeted under the cable board budget. Mr. Pummill expressed concern people would be too intimated to get up in front of a camera. He asked if, under the FOI Act, the Planning Commission had a choice regarding televised meetings. Mr. Charlton explained they did not have a choice under FOI but the cable board was trying to. cooperate and ask the Commission's opinion Mr. Pummill expressed fear the meetings would end up being political if they were televised. Ms. Britton agreed. Mr. Springborn stated he was for the meetings being televised because it would make the citizens of Fayetteville better informed and a part of the process. He further stated he believed it would enhance communication with the residents. Mr. Allred stated it did not make any difference to him. MOTION Mr. Pummill moved to not Ms. Britton seconded the The motion carried 5-2-0 and Britton voting "yes" The meeting adjourned at televise the meetings. motion. with Commissioners Pummill, Tarvin, Reynolds, Nickle, and Commissioners Allred and Springborn voting "no". 6:45 p.m. Ass