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HomeMy WebLinkAbout1995-05-08 MinutesPlanning Commission Meeting is May 8, 1995 Page 1 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville City Planning Commission was held on Monday, May 8, 1995 at 5:00 p.m. in Room 212 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Phyllis Johnson, Jana Lynn Britton, Bob Reynolds, Jerry Allred, Gary Head, Chuck Nickle, John Harbison, John Forney, and Conrad Odom. OTHERS PRESENT: Alett Little, Don Bunn, Tim Conklin, Sharon Langley, members of the press, and others. L1_JV F. The Minutes of the Planning Commission Meeting of April 27, 1995 were approved as corrected. ELECTION OF OFFICERS Mr. Reynolds reviewed the slate of offices as named by the Nominating Committee: Phyllis Johnson, Chair; Jerry Allred, Vice -Chair; and Gary Head, Secretary. MOTION • Mr. Nickle moved to approve by proclamation the presented slate of officers. Ms. Britton seconded the motion. The motion was approved by unanimous proclamation. OLD BUSINESS PRELIMINARY PLAT - BOIS DE ARC SUBDIVISION JULIAN ARCHER - N OF MAPLE, E OF SANG The first item was the preliminary plat for Bois de Arc Subdivision submitted by Jorgensen and Association on behalf of Julian Archer for property located north of Maple Street, east of Sang. The property is zoned R-1, Low Density Residential, and consists of 19 lots on 26.5 acres. This item was postponed from the March 27, 1995 meeting. Mr. Bunn recommended approval of the plat subject to Plat Review and Subdivision Committee comments; approval of a Grading and Drainage Plan and a Tree Preservation Plan; approval of the detailed plans for water, sewer, streets, and drainage facilities; ownership and maintenance of all islands by the Property Owners Association; notation on the plat requiring individual grading permits for each lot; and construction of sidewalks in accordance with City ordinance. Ms. Little stated reminded the Commission the item had been postponed in order to give time to review the extension of Maple Street. She advised the Planning Commission needed to decide whether or not they wanted the extension. Mr. Allred stated the Subdivision Committee recommended there was no need to extend Maple Street. Ms. Britton stated she would like to see a connection to the south to provide for future development. Discussion ensued regarding connections with other streets, Planning Commission Meeting • May 8, 1995 Page 2 problems with topography in connecting to Maple Street, and the effect on the neighborhood's character. Further discussion ensued regarding dedication of right-of-way between lots 8 and 9 and grading of the area's topography. Pam Garbet distributed pictures illustrating problems with drainage in an adjoining development and asked for assurance that the proposed development would not add to the problem. She also expressed her objection to a proposed southerly access. Mr. Bunn delineated the requirements for drainage retention. He further stated the drainage should not have any adverse affect on the adjoining development. Speaking in opposition to both the Maple Street extension and dedication of a right-of-way between lots 7 and 8 were: Jim Scroggs, Marion Orton (who presented a petition from adjoining property owners objecting to the extension of Maple Street), and Eddie Bradford. MOTION Mr. Head moved to approve the preliminary plat as presented subject to staff comments. Mr. Reynolds seconded the motion. Discussion ensued regarding extension of road. Ms. Little stated the staff had specifically requested a determination from the • Commission regarding whether or not they wished to pursue a connection to Maple Street which would not be available in the future if the preliminary plat was approved. She further noted staff had requested a determination of whether or not the Commission wished to provide alternate circulation in the area as was customary in development of subdivisions. Mr. Harbison requested clarification of the tree preservation plan. Mr. Conklin stated the developer had submitted an application providing 908 preservation of the canopy. Mr. Jorgensen stated he would provide information on landmark trees which would be identified and protected. The motion passed 6-2-1, with Commissioners Nickle, Allred, Reynolds, Head, Forney and Odem voting "yes", Commissioners Britton and Harbison voting "no" and Commission Johnson abstaining, CONDITIONAL USE 95-09 - FOUR-PLEX REBECCA HARRISON - 978 N. POLLARD The next item on the agenda was a conditional use to allow a four-plex within an R -O zoning district, submitted by Robert Sharp on behalf of Rebecca Harrison for property located at 978 North Pollard. This item was continued from a previous Planning Commission meeting until the Board of Adjustment addressed the setback issues. Mr. Conklin advised the Board of Adjustment approved the variance subject to a property line adjustment, moving the building south so it would not encroach into the northern setback, using the existing wall as a concrete fence/courtyard wall, and a 20 foot variance on Pollard. He recommended approval of the requested conditional use subject • to the conditions and requirements found in Section Planning Commission Meeting • May 8, 1995 Page 3 160.195, and the structure being constructed as shown on the site plan, elevation drawings, and scale model as presented to the Commission. Mr. Sharp advised they would meet all setback requirements. In response to a question from Mr. Harbison regarding a southern access to the parking lot, Mr. Sharp explained that, with only four parking spaces, he believed one access on the north would be adequate. Bill Harrison, owner of the property, explained he and the property owner to the south had shared access for 14 years. Ms. Britton inquired as to whether or not it would be appropriate to ask for street improvement including curb, gutter, and sidewalk along Pollard. Mr. Bunn responded that street improvements would only be required with a large scale development. Tom Hecock, an adjoining property owner, inquired if approval of the variance would set precedence for apartment building construction in the neighborhood. Ms. Johnson stated each variance would be considered case by case. Mr. Hecock inquired about tree screening and landscaping in the buffer zone. Mr. Sharp advised they would comply with all landscaping requirements. • MOTION Mr. Nickle made a motion to approve conditional use 95-09 subject to staff comments. Mr. Reynolds seconded the motion. The motion passed 8-0-1 with Commissioner Johnson abstaining. is 1 Planning Commission Meeting • May 8, 1995 Page 4 CONSENT AGENDA Commissioner Britton asked that the Large Scale Development for the Community Center be pulled from the Consent Agenda along with Lot Split #1 for property located at 4274 East Rough Spring Road. A. LARGE SCALE DEVELOPMENT - SOLID WASTE CITY OF FAYETTEVILLE - E OF HAPPY HOLLOW ROAD The next item on the Consent Agenda was a large scale development submitted by the City of Fayetteville for property located east of Happy Hollow and South of Highway 16. The property is zoned I-1, Heavy Commercial, Light Industrial. Staff recommended approval of the large scale development subject to Plat Review and Subdivision Committee comments; approval of a Grading and Drainage plan; approval of a Tree Preservation Plan; paving of the entrance off Armstrong Avenue; provision of fire protection to the site; and installation of street lights. B. LOT SPLIT #1 - JEFFERSON PARTNERS, LP JOHN REDDISH - N OF 11TH, W OF SCHOOL The next item on the Consent Agenda was lot split 41 submitted by John Reddish on behalf of Jefferson Partner, LP for property located north of lith Street and west of School. • Staff recommended approval subject to approval of on-site sewage disposal systems for each lot. C. LOT SPLIT #1 - LARRY ROBBINS 2772 HOLMES DRIVE The next item on the Consent Agenda was lot split #1 submitted by Larry Robbins for property located at 2772 Holmes Drive. Staff recommended approval subject to construction of sidewalks along Stone Bridge Road for both of the lots which face that street, and restriction of access to Lot 1 to Holmes Avenue. Upon roll call, the Consent Agenda was approved by a vote of 8-0-1 with Commissioner Nickle abstaining. 0 Planning Commission Meeting • May 8, 1995 Page 5 LARGE SCALE DEVELOPMENT - COMMUNITY CENTER CITY OF FAYETTEVILLE - 244 EAST ROCK STREET The next item was A large scale development for a community center submitted by Bert Rakes on behalf of the City of Fayetteville for property located at 244 East Rock Street, in Hicks Addition, Lots 8 through 14. The property is zoned R-2, Medium Density Residential and contains 1.092 acres. Mr. Bunn recommended approval subject to Plat Review and Subdivision Committee comments; approval of a Grading and Drainage Plan; construction of a sidewalk adjacent to Rock Street; construction -of theparkinglot in conformance with the Parking Lot Ordinance; and approval of a Conditional Use application for the site. Ms. Britton requested a sidewalk from Rock Street to the Community Center. MOTION Ms. Britton moved to approve the large scale development subject staff comments, including a sidewalk from Rock Street to the Community Center being constructed. Mr. Odom seconded the motion The motion passed with a unanimous vote of 9-0-0. • 40 Planning Commission Meeting • May 81 1995 Page 6 LOT SPLIT #1 - BLACKARD 2676 OAKLAND AND ZION ROAD The next item was lot split #1 submitted by Randy and Joan Blackard on behalf of Paul Blackard. The property is located at 4274 East Trough Spring Road and is zoned A-1, Agricultural. Mr. Bunn recommended approval of the lot split subject to the approval of an on- site sewage disposal system for each lot. Keith Weir, adjoining property owner, expressed his objection to the lot split, Discussion ensued regarding the sewage disposal system with Mr. Bunn explaining the septic system would be approved by the County Board of Public Health under stringent regulations of the State. He also noted the warranty deed would have a notation regarding approval of septic prior to signing off on same. MOTION Mr. Odom moved to approve the subject lot split subject to approval by the County Board of Public Health on the septic system. Mr. Allred seconded the motion The motion passed with a unanimous vote of 9-0-0. • 40 Planning Commission Meeting • May 8, 1995 Page 7 NEW BUSINESS LARGE SCALE DEVELOPMENT - COVENANT PRESBYTERIAN CHURCH COVENANT PRESBYTERIAN CHURCH - S OF WEDINGTON, E OF 46TH The first item of new business was the large scale development for Covenant Presbyterian Church submitted by Lowell Weatherbee on behalf of the Covenant Presbyterian Church for property located south of Wedington, east of 46th Avenue. The property is zoned A-1, Agricultural and contains 4.5 acres. Mr. Bunn recommended approval of the large scale development subject to Plat Review and Subdivision Committee comments; approval of a final grading plan; construction of a sidewalk along Highway 16; dedication of highway right-of-way (by warranty deed) to make a total of 50 feet on the south side; approval of a tree preservation plan; installation of a fire hydrant; drainage improvements as submitted; and a wetlands determination. Mr. Wetherbee stated they would comply with the staff recommendations. Mr. Nickle advised Mr. Wetherbee had asked at the Subdivision Committee meeting for a parking waiver and permission to delay in paving of the parking spaces. Mr. Wetherbee stated the letter of April 20 erroneously stated the number of required parking spaces as 65 spaces instead of 50 parking spaces. He explained the request for the delay in paving the parking spaces was due to financial hardship and drainage problems. • Ms. Little stated 36 spaces would be left unpaved if the waiver was granted. Mr. Wetherbee submitted a copy of a letter to Howard Beaver of the Highway Department regarding usage of the right-of-way for drainage and granting conditional approval of the large scale development plan subject to the final grading plan and letter of acceptance from the property owner to the east. He also submitted a letter from the Solid Waste Division regarding trash pickup. Discussion ensued regarding extra paving of the dumpster pad. In response to a question from Ms. Britton regarding the water retention area, Mr. Wetherbee responded it would be constructed in Phase I. He explained water would be rerouted from the northeast through the right-of-way which was approved by the Highway Department. Mr. Reynolds objected to the delay in paving the parking lot. Ms. Johnson inquired as to whether the city engineer believed the drainage plans would be adequate. Mr. Bunn responded that retainage of the on-site drainage would protect the downstream properties. Discussion ensued regarding water retention to pre - development amounts. Ms. Johnson stated that paving of the parking lot might require additional drainage requirements in the future. Mr. Bunn explained the drainage plans would be based on full development. Mr. Forney inquired as to the formula used for parking space calculation. He asked if the calculations were made on the square footage of the auditorium or •1 the 200 seats. He also asked how it would be determined there were only 200 seats. Planning Commission Meeting • May 8, 1995 Page 8 Ms. Little advised church uses were difficult to calculate primarily because they were used one day per week and classroom space was not considered in the formula. She further stated that, excluding the waived parking, all additional parking lot requirements would be met. Mr. Nickle explained that, if the 200 seats were changed in the future, the parking requirements would be adjusted accordingly during Phase II. He also expressed his objection to waiving the paving of the parking lot for over one year on the grounds that no special considerations should be given. Ms. Britton stated she would not object to waiving the paving of the parking on the grounds of the limited usage of the building. Mr. Reynolds stated he objected to special considerations for special interest groups and would object to waiving the pavement of parking. Ms. Johnson inquired as to what assurances were in place to require the future paving of the parking lot if the waiver was granted. Ms. Little responded the property would be monitored by the staff and the certificate of occupancy could be rescinded if they failed to pave the parking lot. Mr. Forney stated he felt paving of the parking might create more drainage problems in the area. Mr. Mohsen Ghadimkhani, representing Mr. Khushesh (an adjoining property owner), • stated Mr. Khushesh objected to the project on the grounds of drainage issues, dust problems associated with gravel parking and lighting. Mary Alice Kenney, an adjoining property owner, stated her concerns regarding drainage. Mr. Bunn explained the drainage plan would need to specifically account for the water flow under Highway 16. Ms. Little advised any lighting would need to be directed downward and same should be added to the staff comments. • Planning Commission Meeting • May 8, 1995 Page 9 Mr. Willard Goff and Mr. Khushesh, adjoining property owners, expressed their objection to the proposal based on drainage concerns. Discussion ensued regarding wetlands determination. Mr. Bunn stated the Corps of Engineers had the duty of determining and policing wetlands. He added that downstream drainage needed to be addressed and corrective measures taken. He advised the developer could only be required to assure that post -development flows would not be greater than pre -development flows as was mandated under regulations. Ms. Britton inquired as to whether or not the parking lot ordinance requirements were being met. Ms. Little stated the development would need to have 1 tree per every 10 parking spaces. Mr. wetherbee assured the Commission the church was committed to meeting all the requirements for development. MOTION Mr. Allred made a motion to approve the large scale development subject to the staff requirements including down lighting of the parking area, post development flows being no greater than pre- development flows to be approved by the city engineer, and granting a waiver of pavement of parking for no more than two years. . The motion died for lack of a second. Mr. Nickle requested clarification of drainage issues. He suggested amending the motion to include the development would address flow across and around the subject property. Mr. Allred made a motion to approve the large scale development subject to the staff requirements including down lighting of the parking area, post development flows being no greater than pre- development flows to be approved by the city engineer, that the flow across and around the subject property be addressed, and granting a waiver of pavement of parking for no more than two years. Mr. Reynolds seconded the motion. Ms. Britton objected to the 2 -year waiving of paving of parking and asked when the time period would begin. Mr. Bunn stated the time would begin on the date of issuance of the building permit. AMENDED MOTION Mr. Harbison amended the motion to be a 5 year waiving of pavement of parking. Ms. Britton seconded the motion. Discussion ensued regarding whether or not pavement of parking would have a significant effect on drainage. Mr. Nickle and Mr. Bunn both advised there was not a significant difference of flow between gravel and SB2 pavement. • Mr. Harbison withdraw the amended motion. Planning Commission Meeting • May 8, 1995 Page 10 The motion carried 7-2-0 with Commissioners Harbison, Britton, Allred, Johnson, Nickle, Reynolds and Head voting "yea" and Commissioners Forney and Odom voting nno". • i J Planning Commission Meeting • May 8, 1995 Page 11 PUBLIC HEARING - REZONING 95-11 CHARM HOMES - N & H OF APPLEBY The next item was a public hearing on Rezoning 95-11 submitted by Wade Bishop on behalf of Charm Homes for property located north and east of Appleby. The request is to rezone 5.89 acres from R-2, Medium Density Residential to R -O Residential -Office. Staff recommended approval of the requested rezoning. Ms. Britton expressed concern with numerous access points and the effect on traffic. She suggested replating of the lots. Mr. Conklin explained curb cuts would be addressed in the development phase. He further stated there was no minimum lot size in R-2. Ms. Britton requested the developer be required to go through the large scale development processes. Mr. Conklin stated rezonings could not be determined on the basis of such a condition. He noted the Master Street Plan designated Appleby as a collector street and R-0 zoning would add considerable traffic. Ms. Britton expressed concern regarding the amount of fill placed on the subject property and whether or not the developer would be required to meet the grading ordinance. Mr. Bunn stated the grading ordinance did not apply to individual lots. is Discussion ensued regarding the platting of the subject property and the effect of rezoning same. Mr. Nickle inquired as to whether or not there were plans to replat or go through large scale development. Mr. Bishop expressed his belief R -O would not contribute to traffic congestion in the area as much as the R-2 zoning. MOTION Mr. Head made a motion to approve the rezoning. Mr. Reynolds seconded the motion. The motion carried 7-2-0 with Commissioners Harbison, Odem, Allred, Johnson, Nickle, Reynolds, and Head voting "yes" and Commissioners Forney and Britton voting "no". 0 Planning Commission Meeting • May 8, 1995 Page 12 PRELIMINARY PLAT - CASTER SUBDIVISION JERRY CASTER - W OF 15TH, N OF SHILOH The next item was the preliminary plat for Jerry Caster submitted by Northwest Engineers for property located west of West 15th Street, north of Shiloh. The property is zoned R-2, Medium Residential and contains 18.07 acres. Mr. Bunn advised staff recommended approval of the preliminary plat subject to Plat Review and Subdivision Committee comments; approval of a grading and drainage plan; approval of a Tree Preservation Plan; construction of sidewalks within the subdivision and along 15th Street; provision of fire protection to the trailer park; provision of a 15 -foot pedestrian access to Finger Park; payment of parks fees; dedication of the off-site portion of the 15th Street right-of-way by separate instrument; notation on the plat of those lots requiring grading permits; and notation on the plat and the subdivision covenants (if any) that single family residences only are allowed. In response to a question from Ms. Britton, Kurt Jones, Northwest Engineers, stated the access to Finger Park might be provided between lots 5 and 6 or lots 4 and 5 or lots 3 and 4 along the lot line. _ Mr. Odom asked for clarification of the pedestrian access as requested by staff. Mr. Conklin stated the city would not provide any improvement but rather would maintain a right-of-way. Dale Hewitt, adjoining property owner, expressed concern regarding the grade of a proposed street on the east side. Discussion ensued regarding Mr. Hewitt • offering 25 feet of property for half of the city street. Mr. Jones stated that, if an agreement could not be made with Mr. Hewitt regarding the location of the cul-de-sac, they would relocated it. Discussion ensued regarding stub outs on short streets and requiring same to have barricades in lieu of cul-de-sacs. Mr. Jones stated Mr. Hewitt had requested stub outs be constructed to keep motorcycles and ATVs off his private property. Mr. Hewitt requested the natural screening on his property abutting 15th Street be preserved. MOTION 1� Mr. Head made a motion to approved the preliminary plat as presented subject to staff recommendations. Ms. Britton seconded the motion. The motion carried unanimously, 9-0-0. • Planning Commission Meeting • May 8, 1995 Page 13 PRELIMINARY PLAT - KANTZ COMMERCIAL, LOT 4A E. J. BALL - W OF HWY 265. N OF CITIZENS & HWY 45 The next item was the preliminary plat for Kantz Commercial, Lot 4A, submitted by Jerry Kelso of Crafton, Tull & Associates on behalf of E. J. Ball, for property located west of Highway 265, north of Citizens Bank and Highway 45. The property is zoned C-2, Thoroughfare Commercial and contains .96 acres. Staff recommended that the preliminary plat be approved subject to Plat Review and Subdivision Committee comments; a requirement that the lot go through the large scale development process; showing the off-site easement as requested by the telephone company; and construction of sidewalks in accordance with city ordinance (Highway 265 as well as Citizens Drive.) Mr. Conklin stated the tree preservation plan would be submitted as part of the large scale development and the Citizens Drive portion of the street adjacent to lot 4A had already been constructed so there would be no site disturbance. Ms. Britton expressed concern regarding access to Highway 265 for the subject property and the tract to the north. She requested the two lots have a shared access. Mr. Bunn stated the project would come back before the Commission as a large scale development and shared access could be addressed at that time. MOTION • Mr. Allred made a motion to approve the preliminary plat subject to staff comments. Mr. Head seconded the motion. Discussion ensued regarding amending the motion to include addressing the northern access to Highway 265 at large scale development. No amendment to the motion was made or seconded. The motion passed 8-1-0 with Commissioners Harbison, Britton, Odem, Allred, Johnson, Nickle, Reynolds and Head voting "yes" and Commissioner Forney voting "n0". • Planning Commission Meeting • May 8, 1995 Page 14 CONDITIONAL USE CU95-13 - CHURCH UNITARIAN -UNIVERSALIST FELLOWSHIP - 901 W CLEVELAND The next item was Conditional Use CU95-13 submitted by Dana B. Copp on behalf of Unitarian -Universalist Fellowship of Fayetteville. The property is located at 901 W. Cleveland and is zoned R-2, High Density Residential. The request is for additional classrooms. The staff recommended approval of the condition use subject to all conditions and requirements found in Section 160.195, Conditions Governing Application of Conditional Uses. Ms. Johnson noted that, when the development took place, the project would have to go through the large scale development process. Mr. Conklin stated the developer would reduce parking to comply with requirements of the parking lot ordinance for an expansion of spaces from 51 to 62 spaces. He further stated staff requested a specific determination of whether or not to approve the parking lot expansion. Mr. Copp noted a site problem regarding adequate off-site parking and doubling the size of the structure to accommodate the congregation. Ms. Johnson stated that approval of the conditional use would approve expansion of the parking but would not specifically addressed how the developer planned to do same. • MOTION Mr. Reynolds made motion to approve the conditional use. Mr. Nickle seconded the motion. The motion passed with a unanimous vote of 9-0-0. Planning Commission Meeting May 8. 1995 46 Page 15 OTHER BUSINESS GADDY ACRES SUBDIVISION The first item of other Business was a requested to install gates on a private street within Gaddy Acres Subdivision submitted by John Vanwinkle. Staff advised they did not object to installation of the gate but requested that matters regarding fire and emergency vehicles be coordinated with the proper authorities. Mr. Reynolds requested the property owners be responsible for maintenance of the private road. MOTION Mr. Reynolds made a motion to approve erection of gates. Mr. Odom seconded the motion. The motion passed with a unanimous vote of 9-0-0. • Planning Commission Meeting • May 8, 1995 Page 16 AMENDMENTS TO BY-LAWS Discussion ensued regarding changing the regular meeting times of Planning Commission meetings. Ms. Johnson advised this item would be considered at the next Planning Commission meeting. MINI -STORAGE ZONING ORDINANCE Discussion ensued regarding the working draft of the ordinance. Staff requested members of the Commission forward any comments regarding the ordinance to the Planning office. APPOINTMENT OF SUBDIVISION COMMITTEE Ms. Johnson appointed the Subdivision Committee as follows: Jerry Allred - Chairman Bob Reynolds Jana Britton Charles Nickle TRAILS COMMITTEE Ms. Johnson stated she would appoint the Trails Committee members at the next regularly scheduled meeting. She invited members of the Commission to attend a special meeting of the Trails Committee on Thursday, May 11, 1995 at 5:00 p.m., in room 326 at 113 W. Mountain, Fayetteville, Arkansas addressing issues • regarding trails, green space ordinance, matched trails plan, and trails coordinator. Discussion ensued regarding a report from the City Attorney relating to tree preservation as set out in the Tree Preservation Ordinance. It was agreed the City Attorney would need to be present at the next meeting. Meeting adjourned at 8:20 p.m. •