Loading...
HomeMy WebLinkAbout1995-04-10 Minutes• THE PLANNING COMMISSION MINUTES OF A MEETING OF A regular meeting of thsFayetteville City Planning Commission was held on Monday, April 10, 199a'at 5:00 p.m. in Room 219 of the City Administration Building, 113 West MountainSStreet, Fayetteville, Arkansas. MEMBERS PRESENT: Phyllis Johnson, Jana Lynn Britton, Bob Reynolds, Jerry Allred, Gary Head, John Forney, John Harbison, and Conrad Odom OTHERS PRESENT: Alett Little, Tim Conklin, members of the press, and others INTRODUCTION AND WELCOME OF NEW PLANNING COMMISSIONERS Ms. Johnson recognized and welcomed the three new Planning Commissioners: John Forney, John Harbison, and Conrad Odom. MINUTES The minutes of the March 27, 1995 Planning Commission meeting were approved as submitted. PRELIMINARY PLAT - WILLINGTON PLACE Ms. Johnson advised Willington Place had been pulled from the Agenda. OLD BUSINESS: • A. Conditional Use CU95-06: Submitted by Northwest Engineers on behalf of The Church of Jesus Christ of Latter Day Saints for property located west of Garland Avenue and south of Wedington Drive. The property is zoned R -O, Residential Office and contains 3.11 acres. - Ms. Johnson requested staff comments 1, 21 3, and 4 be removed from discussion on the basis that they were not pertinent to the request before the Commission but applied instead to the Large Scale Development. Staff recommended approval of the conditional use be subject to the following condition: receipt of a letter from the governing board of the Church agreeing to the presence of Fuzzy's Restaurant and Bar as an adjoining neighbor to the north. Commissioner Johnson stated the issue was whether or not to allow the church adjacent to a restaurant and bar. Commissioner Head inquired as to whether or not the Church had agreed to provide the required letter of agreement. Ms. Little stated staff had received a letter of agreement from Mr. Pete Estes which stated the necessary documentation to facilitate an alcoholic beverage license had been obtained but no notification had been received from the Alcoholic Beverage Commission stating same. Mr. Harry Gary, engineer for the project stated that the Church had been working with Mr. Carl Friar of Coldwell Banker Real Estate in obtaining the necessary agreement. Mr. Friar stated Mr. Estes had been in contact with the ABC who approved the • letter of agreement to meet their regulations and requirements. • Planning Commission Meeting April 10, 1995 Page 2 Discussion ensued as to why staff comments 1 through 4 had been removed and Ms. Little stated ordinance issues would be dealt with when the large scale development plans came before the Commission. MOTION Commissioner Head made a motion to approve the conditional use subject to the staff comments. Commissioner Allred seconded the motion. Motion passed with a unanimous vote of 8-0-0. • Planning Commission Meeting April 10, 1995 Page 3 B. Final Plat - Cedarpoint Subdivision: Engineering on behalf of General Development south of Huntsville and west of Curtis, is Residential, and contains 12.91 acres. Submitted by Landtech The property is located zoned R-2, Medium Density Staff recommended approval of the Final Plat subject to Plat Review and Subdivision Committee comments; execution of a contract with the City for the unfinished improvements, including street lights; payment of Parks fee and construction of sidewalks in accordance with City ordinances; contribution to the City, in lieu of off-site improvements to Huntsville Road; and resolution of the drainage issue, either by acquisition of additional land or by proper retention of storm water flows at the southwest corner of the subdivision. Ms. Little stated the city engineer was unavailable to attend the meeting but he had worked on the drainage issue, including redirection of water to the west. Mr. Leonard Gabbard, engineer for the project, gave a detailed explanation of the detention pond which should stop water flow through an adjoining apartment complex. Further, he stated the improvements were already under construction and would be completed before the matter proceeded to the City Council. report as follows: "...There is a total of 5 acres which drain into Curtis Avenue at the south end of the subdivision, 3.3 acres of which are within the subdivision itself. Pre -development flows from that are estimated to be 9 cfs based on 5 acres drainage area, a 0.30 runoff factor and a rainfall intensity of 6 inches per hour. "Post development flows are estimated to be 12.5 cfs based on 4.2 acres of runoff area, a 0.5 composite runoff factor, and 6 inches per hour rainfall intensity. Therefore the increase in runoff from pre -development conditions to post -development conditions is estimated to be 3.5 cfs." Mr. Gabbard stated that, in order to keep the excess drainage from flowing through the apartments, a concrete swale would be constructed across the intersection and a retention pond would be located at the southwest corner of the property. He advised those improvements would meet the requirements set out by the city engineer. In response to a request by Commissioner Reynolds for a Bill of Assurance regarding improvement of the drainage, Mr. Gabbard stated they would provide same. Commissioner Forney inquired as to the location of the swale and Mr. Gabbard assured him it would not be in the roadway. Commissioner Reynolds noted there was no storm drainage at all along Curtis Avenue. Ms. Little referred to the plat and explained Lot 20 would be the location of the swale and Lot 11 was the location of the detention pond. Ms. Britton inquired as to whether the developer was constructing detention or retention pond. Planning Commission Meeting • April 10, 1995 Page 4 Mr. Gabbard stated the pond would not hold water but rather would drain at a slower rate. Ms. Britton inquired as to whether they would lose a lot and Mr. Gabbard stated they would lose two lots. Commissioner Reynolds inquired as to whether or not they had found a creek to the west to drain the water. Mr. Gabbard stated there was a well defined creek. Discussion ensued regarding the creek definition at the south end and whether or not water would still drain into an adjoining trailer park. Mr. Gabbard stated Mr. Bunn felt the proposal was the best solution as they could present. He further stated Mr. Bunn had mentioned capital improvement projects which might be in order for this situation at a later time. Ms. Little requested an amended plat be submitted showing the unbuildable lots. MOTION Commissioner Reynolds made a motion to approve the final plat subject to a Bill of Assurance and the five staff comments. • Commissioner Head seconded the motion. The motion passed with a vote of 7-1-0 with Commissioners Harbison, Britton, Odom, Allred, Johnson, Head and Reynolds voting "yea" and Commissioner Forney voting "no". • r Planning Commission Meeting • April 10, 1995 Page 5 CONSENT AGENDA Ms. Little requested that the Large Scale Development for Morning Star Church of the Nazarene be removed from the Consent Agenda. A. Large Scale Development - Community Bio -Resources: Submitted by CEI Engineers on behalf of Hoffman Corporation for property located at 435 Millsap Drive in the CMN Business Park. The property is zoned C-2, Thoroughfare Commercial and contains 1.66 acres. B. Large Scale Development - 265/45 Commercial Center: Submitted by Crafton-Tull Associates on behalf of Lindsey Family Trust for property located at the southwest corner of Highway 265 and Highway 45. The property is zoned C-2, Thoroughfare Commercial and contains 2.01 acres. NOTION Commissioner Britton made a motion to approve the Consent Agenda. Commissioner Reynolds seconded the motion. The motion carried 7-0-1 with Commissioner Head abstaining. • • Planning Commission Meeting • April 10, 1995 Page 6 LARGE SCALE DEVELOPMENT - MORNING STAR CHURCH OF THE NAZARENE ROBERT L. BRYANT - 2434 N. DEANE SOLOMON ROAD The next item was the large scale development for Morning Star Church of the Nazarene submitted by Robert L. Bryant on behalf of the Church Board for property located 2434 N. Deane Solomon Road. The property is zoned R- 2, Medium Density Residential and contains 2.00 acres. The staff recommended approval of the large scale development subject to Plat Review and Subdivision Committee comments; construction of sidewalks within 18 months after the water line was installed; approval of a grading and drainage plan; installation of a fire hydrant; approval of a Tree Preservation Plan; a delay in paving of the west one-half of the parking lot until the water line was installed (within 18 months); construction of sidewalks and one-half of that portion of Deane Solomon Road adjacent to the subject property; and conformance to the new Parking Lot Ordinance. Ms. Little advised there were several items which the church had requested to be delayed or waived including a delay in paving of the west one-half of the parking lot until the water line was installed. She explained the Church had not agreed to construct sidewalks or to improve to City street standards one-half of Deane Solomon Road for their property frontage. Commissioner Britton inquired as to the affect the ordinance addressing requirement of completion of all improvements except paving would have on the subject project. is Ms. Little stated it was her understanding of the ordinance applied to on- site improvement and not off-site improvement. She noted improvements to Deane Solomon and the sidewalk would be off-site improvements. She stated the paving of the parking lot would be affected by the ordinance but, under the circumstance with improvement of the water line and the expense involved in removing and replacing the parking lot pavement, it would be more practical to allow no longer than 18 months for completion of parking lot pavement. Mr. Gary White, pastor of the church, stated he would agree with the staff requirement for parking lot pavement but inquired as to whether or not he had a choice of providing sidewalks. He added the Church would do whatever was necessary to comply with the City's standards to build the Church. In response to a question, Ms. Little explained the determination as to whether the city required the off-site improvement to be completed or took a cash contribution for the improvement depended on whether the City planned on immediately upgrading the roadway or planned the improvement at some future date. She went on to say that, if funds were placed in an escrow account and the improvements were not made within five years, the petitioner could ask for the funds to be returned together with interest. MOTION Commissioner Britton made a motion to approve the large scale development subject to staff comments. Commissioner Odom seconded the motion • The motion passed with a unanimous vote of 8-0-0. • Planning Commission Meeting April 10, 1995 Page 7 PUBLIC HEARING - REZONING R95-08 ROBERT MHOON & JOHN WILLIAMS - 15TH STREET, W OF MORNINGSIDS DRIVE The next item was a rezoning R95-08 submitted by John Dramis on behalf of Robert Mhoon and John Williams for property located at 15th Street, approximately 500 feet west of Morningside Drive. The request is to rezone 3.03 acres from R-2, Medium Density Residential to I-1, Heavy Commercial, Light Industrial. The staff recommended approval of the rezoning. Ms. Little reminded the Commission they had approved a rezoning for Mr. Dramus the previous year in the same area. She advised that rezoning was now being submitted as R95-09 and the request was to return the tract to R-2 zoning. 0034 Commissioner Reynolds made a motion to approve the rezoning subject to staff comments. Commissioner Britton seconded the motion. The motion passed with a unanimous vote of 8-0-0. 11 Is • Planning Commission Meeting April 10, 1995 Page 8 PUBLIC HEARING - REZONING R95-09 - ROLAND KELLY JOHN DRAMDS - MORNINGSIDE DRIVE, N OF 15TH STREET The next item was a public hearing for rezoning R95-09 submitted by John Dramis on behalf of Roland Kelly for property located at Morningside Drive approximately 586 feet north of 15th Street. The request is to rezone .52 acres from I-1, Heavy Commercial, Light Industrial to R-2, Medium Density Residential. The staff recommended approval of the rezoning. MOTION Commissioner Reynolds made a motion to approve the rezoning subject to staff comments. Commissioner Britton seconded the motion. The motion passed with a unanimous vote of 8-0-0. • • • Planning Commission Meeting April 10, 1995 Page 9 REQUEST FOR PARKING WAIVER MARK HUDSON - 311 W. DICKSON STREET The next item was a request for Parking Waiver submitted by Mark Hudson for property located at 311 W. Dickson Street. The request is to utilize 44 spaces at the School Street city parking lot. The subject property is zoned C-3, Central Business Commercial. Ms. Little stated the subject request was covered under the new Parking Lot Ordinance which allowed for waiver requests within C-3 and C-4 zones. Mr. Mark Hudson, realtor, distributed copies of proposed parking lot plans. Discussion ensued regarding the location of the off-site parking lot east of the Walton Art Center which contains 60 spaces accessed through an alley adjoining the subject property and School Street. Mr. Hudson stated the lot had a 6% occupancy on a daily basis. Additionally, he stated his plans for using the subject property was an appropriate enhancement to the Dickson Street District. He noted the on-site parking lot would comply with the ordinance and he would provide landscaping of same. In response to a question, Mr. Hudson stated he did not have an accurate survey of the subject property but it was in process. Commissioner Odom stated precedent had been set in allowing a waiver of the parking lot ordinance for another business in the same area to use the • School Street parking lot. Discussion ensued regarding how many spaces were allowed for Tim Klinger's waiver and whether or not hours of operation could be restricted. In response to a question, Ms. Little stated that, under City Ordinance Number 3870, the required number of parking spaces would be 80 as calculated on Recreational Uses -Theater; however, if the parking formula was based on Commercial -Restaurant with entertainment, the required spaces would increase to 107 (93 spaces required). She explained the on-site parking would provide 39 spaces. Commissioner Johnson noted the waiver request was for 54 spaces. Mr. Hudson stated that, after the survey was complete, additional parking would be available on-site. Ms. Little stated that there were two options available: an assessment fee of $1200 per space waived or any public parking spaces available within 600 feet of the site. Discussion ensued regarding the traffic impact on the adjoining property owner to the north. Mr. Hudson stated he was in the process of working out an agreement with that owner. Commissioner Allred inquired as to how parking would be addressed on the 11,100 square feet building to the east. Mr. Hudson stated the building was a warehouse and would be remodeled as a single family residence with .retail office and a parking garage underneath the residence. • Ms. Little explained there had been discussion regarding the use of the structures on the property for retail and those parking issues would have • Planning Commission Meeting April 10, 1995 Page 10 to be addressed as a waiver as well. She pointed out many of the development issues in the Dickson Street Area centered around inadequate parking. She explained that was the reason the parking lot waiver provided for fee assessment to be used to established additional parking in the district. Ms. Little went on to say the staff recommended approval of the waiver to encourage redevelopment in the Dickson Street Area with an assessment of a fee for parking spaces waived. Commissioner Allred inquired as to whether or not a study or comprehensive plan of the parking for the Dickson Street Area had been made. Ms. Little responded the Dickson Street Improvement District had not made a study on parking. Commissioner Odom inquired that, in the event the waiver request was denied, if -there was a requirement the applicant could not come back to re -petition within a certain time frame. Ms. Little responded there was no provision prohibiting re -petitions but an identical proposal would not be brought back to the Commission. Mr. Conklin stated the staff did not wish to encourage destroying buildings to provide parking in the subject historic area. Commissioner Forney expressed his belief the proposed use for the property • was an appropriate and hated to see the issue fail due to parking requirements. Further, he stated there was plenty of parking in the Dickson Street area at the public lots. Commissioner Odom inquired as to the impact a fee assessment would have on the project. Mr. Hudson stated the project had a tight budget and an additional $60,000 would not be feasible. MOTION Commissioner Allred made a motion to postpone the item in order to allow the applicant to discuss with staff the various options available for parking. Commissioner Odom seconded the motion. The motion passed with a unanimous vote of 8-0-0. • Planning Commission Meeting April 10, 1995 Page 11 OTHER BUSINESS: Commissioner Johnson appointed a Nominating Committee consisting of Commissioners Reynolds, Odom, and Allred with Commissioner Reynolds chairing same. The meeting adjourned 6:15 p.m. • •