HomeMy WebLinkAbout1995-05-22 Minutes0
MINUTES OF A MEETING OF
THE PLANNING COMMISSION
A regular meeting of the Fayetteville City Planning Commission was held on
Monday, May 22, 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, Gary Head, Chuck Nickle,
John Forney, and Conrad Odom.
OTHERS PRESENT: Alett Little,
members
of the press,
and others.
Commissioner
Johnson
called the
meeting
to order.
and
Commissioner
Johnson
requested corrects to the Minutes
of May 5, 1995 as follows
Page 1 - under approval of officer: "proclamation" should be amended to
"acclamation"
Page 10 - third paragraph: "gravel" should be amended to "asphalt"
Minutes were approved as corrected.
Mr.
Rose stated that he had met
with
Ms.
Little, Mr. Harbison,
Mr. Pat Alexander,
Ms.
Marion Lockhart, Mr. Jim
Hill,
and
Mr. Tim
Conklin and
discussed Section
162.11
B - Tree Replacement.
Mr. Rose
read the
section as follows:
"...In the event a tree cannot be preserved as required, a tree
replacement to be determined by the Planning Management Director may
be required in lieu of the tree designated for preservation."
Mr. Rose stated that the administration of the ordinance under the terms of same
is done by the planning administrator/director and Mr. Rose supported the
provision of same. Further Mr. Rose stated that the tree preservation plan was
a part of the preliminary plat process wherein the developer is required to
abide. Mr. Rose referenced paragraph C of the ordinance regarding "rare and
landmark trees" stating the developer should examine flexible approaches such as
adjustments to lot layout, placement of buildings, and utility locations to save
landmark trees and placed the burden of tree preservation on the developer. Mr.
Rose stated in the event efforts to preserve tree were unsuccessful, the
commission had the prerogative to award or deny the plan.
Mr. Rose referenced Section D.4 - Landmark and Rare Trees and read as follows:
11 ...none of them shall be removed from land to be developed unless
the planning management director who may seek consideration and
recommendation from the Tree and Landscape Advisory Committee
determines there is no reasonable way the property can be otherwise
developed, improved, or properly maintained and the tree saved."
• Planning Commission Minutes
May 22, 1995
Page 2
In summary, Mr. Rose advised a tree preservation plan would be considered a part
of the preliminary plat approval or large scale development approval and in the
event the proposal varied from the canopy requirements, it would be incumbent
upon and the burden of the developer to show it is unreasonable and that there
is no other way to develop the property, and the Commission would decide whether
to approve or deny the plan.
Discussion ensued regarding questions raised at a prior Subdivision Meeting.
Ms. Little stated tree preservation plans would be distributed to the Commission
as a part of the agenda packet with preliminary plat and large scale
developments.
DISCUSSION OF BY-LAW AMENDMENT
Commissioner Johnson advised the first regular meeting would be in April as
determined by Council action.
Commissioner Johnson referred to Article III. Meetings, subparagraph B and
stated the subparagraph should be amended to reflect the first annual meeting to
. be in April to be consistent with Council action.
Discussion ensued regarding a time to convene the meetings. Commissioner Nickle
stated that he preferred to leave the time at 5:00. Commissioner Forney stated
that he had a direct conflict at that time and favored 5:30 or 6:00.
Commissioner Britton stated she would be willing to favor 5:30. Commissioner
Odom favored 5:30. Commissioner Reynolds favored 5:30.
Ms. Little stated that 5:30 would allow time for petitioners to talk with staff
just prior to meetings.
MOTION
Commissioner Johnson made a motion to amend
Article III B. to
reflect the first
meeting
of the month in April at 5:30
p.m,
and article III
C. to reflect the
regular
meeting of Commission shall
be held
at 5:30 p.m.
Commissioner Forney seconded the motion.
Upon roll call, the motion passed with a unanimous vote of 7-0-0.
•
Planning Commission Minutes
• May 22, 1995
Page 3
PUBLIC HEARING ON I-1 MINI -STORAGE ORDINANCE
I-1 MINI -STORAGE ORDINANCE: An Ordinance to allow mini -storage units as a use
by right in I-1, Heavy commercial and Light Industrial zones, and I-2, General
Industrial, Zones under Use Unit 21, Warehousing and Wholesale and to remove mini -
storage units as an allowable use under Use Unit 17, Trades and Services.
Ms. Little stated the request was made Alderman Bassett to remove mini -storage
units as a use by right or conditional use in C-1, C-2, C-3, or C-4 zoning and
place them in a use by right in any industrial zone.
Commissioner Britton expressed concern regarding locating storage units ir
industrial areas on grounds of inconvenience to storage renters, traffic issues,
and security issues.
Commissioner Nickle inquired as to the zoning requirements for storage units in
other areas. Ms. Little responded that generally they are only allowed as
conditional uses in commercial zones and use by right in industrial zones.
Discussion ensued. Commissioner Nickle stated currently there were only two
• industrial zones and he felt the proposed verbiage was too restrictive. Ms.
Little asserted there were additional industrial zones as follows: a section
along Gregg, a portion of land to the south, intersection of Mission and Hwy. 45,
and, Maple.
Commissioner Britton
expressed concern regarding the impact
the proposed
ordinance might have
on spot zoning
petitions and the increase of
same.
MOTION
Commissioner Head made a motion to strike the following: "...and to remove mini -
storage units as an allowable use under Use Unit 17 - Trades and Services..."
No second.
Ms. Little suggested that an additional use unit for mini -storage facilities be
created. Discussion ensued. Commissioner Johnson stated another rewrite of the
proposed ordinance would be required. Discussion ensued.
Ms. Little requested that the ordinance be withdrawn and rewritten.
Commissioner Johnson stated the consensus of Commission was to allow the mini -
storage units as a use by right in all industrial areas and allow mini -storage
units only as a conditional use in C-2.
Ms. Little
inquired as to whether or
not screening/fencing
options
for C-2 zones
should be
.
included in the draft.
Commissioner Nickle
stated
it should be
- included.
Y
• Planning Commission Minutes
May 22, 1995
Page 5
A. FINAL PLAT - BROOKBURY SUBDIVISION
(Formerly Savanna Estates, Phase V)
MARK FOSTER & BUDDY PEOPLES - S OF SKILLERN, E OF HWY 265
This item was submitted by Jorgensen and Associates on behalf of the owners Mark
Foster and Buddy Peoples and is zoned R-1, Low Density Residential containing 96
lots on 49.65 acres.
The staff recommended approval subject to:
1. Plat Review and Subdivision Committee comments,
2. Showing the setbacks on the plat,
3. A notation on the plat indicating the intent to develop trails within the
parks land,
4. The construction of sidewalks in accordance with City Ordinances,
• including sidewalks on both sides of the main street through the
subdivision,
5. The separation of the utility and drainage easements,
6. The certification of finished floor elevation for all structures in lots
housing or bordering the 100 year floodplain (including, but not limited
to lots 45-52),
7. Construction of a temporary cul-de-sac on the south end of the subdivision
with provisions for the construction of a permanent cul-de-sac in 2 years
if the property to the south does not develop, and
8. The granting of parks land to the city by warranty deed.
B. AMENDED FINAL PLAT - CROSSOVER HEIGHTS PHASE I
NUMEROUS OWNERS - S OF SETTER STREET
The next item was submitted by Jorgensen and Associates on behalf of several
property owners to adjust the property lines on Lots 7 through 15.
The staff recommended approval subject to the separation of the utility and
drainage easement between Lots 13 and 14.
C. LARGE SCALE DEVELOPMENT - COMMUNITY BANCSHARES
• COMMUNITY BANCSHARES - S OF JOYCE, W OF BUTTERFIELD TRAIL
The next item was submitted by McClelland Engineers on behalf of Community
• Planning Commission Minutes
May 22, 1995
Page 6
Bancshares
of Neosho,
Missouri,
for construction of a bank and professional
offices on
2.58 acres.
Plat
Review and
The
staff
recommended
approval subject to:
1.
Plat
Review and
Subdivision Committee
comments,
2. Approval of a grading and drainage plan,
3. Approval of the detailed plans for water and sewer extensions to the
property,
4. Approval of the Tree Preservation Plan,
5. Provision of cross access to the property to the west,
6. Installation of a fire hydrant as recommended by the Fire Chief, and
7. Construction of sidewalks along Joyce Blvd (5 feet in width).
D. FINAL PLAT - KANrZ PLACE, LOT 4A
• KATHY ADAMS - W OF HWY 265, N OF HWY 45
The last item on the consent agenda was submitted by Crafton and Tull for .96
acres.
The staff recommended approval subject to:
1. Plat Review and Subdivision Committee comments,
2. Approval of a Grading and Drainage Plan,
3. Approval of Tree Preservation Plan, and
4. Bringing Lot 4A through as a Large Scale Development.
MOTION
Commissioner Head made a motion to approve the Consent Agenda.
Commissioner Reynolds seconded the motion.
Upon roll call, the motion passed with a unanimous vote of 7-0-0.
•
• Planning Commission Minutes
May 22, 1995
Page 7
LARGE SCALE DEVELOPMENT - SMITH PENDERGRAFT
DR. HARVEY SMITH - W OF CROSSOVER, N OF JOYCE
The next_item.was submitted by Dennis Becker for the development of professional
offices on 1.88 acres zoned R -O.
The staff recommended approval subject to:
1. Plat Review and Subdivision Committee comments,
2. Approval of a Drainage and Grading plan,
3. Cash contribution in lieu of improvements to Joyce Boulevard,
4. Installation of a Fire Hydrant in accordance with the Fire Chief's
recommendation,
5. Approval of the detailed plans for water and sewer extensions, and
• 6. Approval of a Tree Preservation Plan.
Ms. Little stated that 12% of the site was covered by trees and the proposal was
to remove several of the trees. Further, Ms. Little stated under R -O, 20%
coverage canopy was required and the applicant was proposing to preserve 7% of
the canopy.
Mr. Conklin presented the tree preservation plan. Discussion ensued.
Commissioner Johnson stated the applicant was proposing 7,000 square feet of
replacement canopy.
Mr. Becker stated that the condition of a designated elm tree was poor and his
past experience was a low survival rate for preservation of trees in poor
condition. Further he pointed out that the Tree Ordinance failed to consider the
conditions of existing trees designated a rare or landmark. Discussion ensued
regarding "elm disease." Additionally, Mr. Becker pointed out an error in the
measurement of a designated oak which should be amended to 26 to 28 D.B.H.
Discussion ensued regarding encroachment under the canopy. Mr. Becker assured
the Commission that he would cooperate and comply with all requirements.
Commissioner Britton inquired as to whether or not the curb could be deleted to
preserve a designed oak tree. Further Commissioner Britton recommended
alternative pavement in the subject area. Discussion ensued regarding the spirit
01 of the ordinance.
Commissioner Odom inquired as to whether there was a conflict of interest
• Planning Commission Minutes
May 22, 1995
Page 8
concerning his voting on the issue in light of the fact of his family ties. Mr.
Becker stated that there was not.
MOTION
Commissioner Nickle made a motion to approve the large scale development subject
to staff comments.
Commissioner Britton seconded.
Upon roll call, the motion passed with a unanimous vote of 7-0-0.
0
• Planning Commission Minutes
May 22, 1995
Page 9
LARGE SCALE DEVELOPMENT - AMERICAN LEGION POST 27
HARRY GRAY - W OF CURTIS, N OF HWY 16
The next item was submitted by Northwest Engineers for the development of a
meeting hall.
The staff recommended approval subject to:
1. Plat Review and Subdivision Committee comments,
2. Approval of a Drainage and Grading Plan,
3. Waiver of 4 parking spaces as recommended by Subdivision Committee,
4. Approval of the dumpster location by the Sanitation Department,
5. Approval of a Tree Preservation Plan, and
6. Granting of an easement for the existing 14' water lines across the site.
is
Ms. Little stated that no tree preservation plan was required due to the fact
that all existing trees would remain intact.
Mr. Gray stated additional island had been provided in excess of the requirements
and if those remained they requested a parking waiver of 11 spaces which differed
from the staff recommendation of 4 spaces. Further he requested to be allowed
to utilitize parking at the baseball field to the west.
Commissioner Johnson stated that staff recommendation 3. should reflect a waiver
of 11 spaces due to the addition of islands. Discussion ensued.
MOTION
Commissioner Head made a motion to approve the large scale development subject
to the amended staff comments.
Commissioner Odom seconded the motion.
Upon roll call, the motion passed with a unanimous vote of 7-0-0.
• Planning Commission Minutes
May 22, 1995
Page 10
CONDITIONAL USE CU95-14
GAREY W. SORENSEN - 425 SOUTH STONE BRIDGE ROAD
The next item was requested to allow a 40 feet high communication antenna as a
conditional use within an R-1 zoning district.
The staff recommends approval subject to:
1. Requirements of Section 160.195 of the Code of Fayetteville,
2. Locating the structure behind the house and no more than 40 feet in
height,
3. Screening of the structure by three "large" trees with a minimum height at
planting of 10 feet, and
4. Removal of the existing tower "pole" and guy wires.
Per communication with the FDC, Ms. Little stated no changes or alterations had
been made to the ruling included in the agenda packet.
• Mr. Sorensen requested that staff recommendation 3. be amended to two trees in
light of the fact there was an existing 6 feet elm tree and further that the
minimum height be amended to less than 10 feet.
MOTION
Commissioner Head made
a motion to
approve the request
subject to
amendment of
staff recommendation 3.
to reflect
two trees with a minimum height
of 6 feet.
Commissioner Odom seconded the motion.
Discussion ensued regarding the location of the pole in back of the house
screened from the street.
Mr. Conklin stated he would recommend the minimum height of 6 feet.
Upon roll call, the motion passed with a unanimous vote of 7-0-0.
• Planning Commission Minutes
May 22, 1995
Page 11
LOT SPLIT #1
DAVID A. THORNBHRRY - COUNTY ROAD #84, ACROSS FROM DOUBLE TREE
The last item on the agenda was a request to split an existing 5 acre tract into
one lot of 1.66 acres with a remaining tract of 3.34 acres.
The staff recommended approval subject to:
1. Approval of the split by Washington County, and
2. Approval of percolation tests by the Washington County Health Department.
Discussion ensued regarding whether or not this item was a first or second split.
Ms. Little stated the issue would not have bearing on a decision of the
Commission.
MOTION
Commissioner Head made a motion to approve the request.
• Commissioner Reynolds seconded the motion.
Upon roll call, the motion passed with a unanimous vote of 7-0-0.
•
• Planning Commission Minutes
May 22, 1995
Page 12
Commissioner Johnson appointed ,Commissioner Britton and Commissioner Harbison to
serve on the Trails Committee.
Meeting adjourned.at 8:20 p.m.
0
11
• MEMORANDUM
To: Planning Staff
Planning Commissioners
From: Janet Johns
Re: Bylaws of the City of Fayetteville Planning Commission
Date: 24 October, 1995
Attached are amended
Bylaws as
adopted May 22, 1995 which are now signed.
Please filg your
copy of the Bylaws in
your Code
Book. Thanks.
E
0
• BYLAWS
CITY OF FAYETTEVILLE PLANNING COMMISSION
(As revised and adopted May 22,1995)
ARTICLE I. MEMBERS AND TERMS
A. The members and terms of service shall be as stipulated by ordinance. Any member who is
absent for three (3) consecutive regular meetings, except in case of illness or extraordinary
circumstances, shall tender his resignation.
ARTICLE Il. OFFICES
A. The chairman shall appoint three (3) members from the Planning Commission to serve as a
nominating committee for the positions of chairman, vice-chairman and secretary. The
nominating committee shall present its slate to the Planning Commission who shall elect, by
secret ballot, the chairman, vice-chairman and secretary annually at the first regular meeting
in the month of April. An officer of the Planning Commission may serve in any one position
for no more than two consecutive terms.
B. The chairman shall preside at all meetings and public hearings of the Planning Commission
and shall decide all points of order or procedure. All plans, plats, etc., requiring the signature
• of the Planning Commission shall be signed by the chairman (or vice-chairman) and the
secretary; when authorized by the Commission these officers or either of them shall sign all
other documents on behalf of the Commission. The chairman (or any other member of the
Commission, when specifically authorized by vote of the Commission) shall transmit reports
and recommendations of the Commission.
C. The vice-chairman shall assume the duties of the chairman in the chairman's absence.
D. In the event of the absence or disability of both the chairman and vice-chairman at any
meeting, the oldest appointive member in point or service shall act as chairman during such
meeting.
E. The planning staff of the City of Fayetteville shall be responsible for the minutes of every
meeting, shall send out mail notice of regular meetings of the Planning Commission at least
four days in advance of the meetings, shall give all telephone notice of special meetings, and
shall carry on routine correspondence and maintain the files of the Commission. All notices
of public hearings and similar notices requiring the legal publication shall be signed by a
member of the planning staff of the City of Fayetteville.
F. Should any unusual circumstance prevent the election of officers at the regular annual
meeting, officers shall serve until their successors are elected.
CI
• ARTICLE III. MEETINGS
A. All meetings of the Planning Commission shall be public and no meeting can be held
without full compliance of the Freedom of Information Act.
B. The regular annual meeting of the Planning Commission shall be held at the first meeting of
the month of April each year, at 5:30 p.m. on the second Monday of the month or on such
other day of the month as may be fixed by vote of the Commission.
C. The regular meetings of the Commission shall be held at 5:30 p.m. on the second and fourth
Mondays of each month. Mail notices of such meetings shall be given at least four days in
advance of each such meeting.
D. Special meetings may be called by the chairman at any time and shall be called at the request
of any three members of the Commission. At least four days notice of special meetings shall
be given each member, if possible, but under extraordinary circumstances special meetings
may be called by telephone and without other notice.
E. A quorum shall consist of five members. No formal business may be conducted without a
quorum and no vote shall be cast by proxy.
• F. 1. It shall require five positive votes to carry the following items:
a. Zoning Changes
b. Amendments or changes to the Master Plan
C. All Conditional Uses
d. Amendments of the By -Laws
2. A simple majority of those present (assuming a
quorum) shall
be
needed to grant
rehearings and adoption of any other motion not
covered under
(1)
above.
An abstention from voting on a matter by a commissioner shall not be construed as
a vote either for or against the matter under consideration.
G. The order of business at all regular meetings shall be as follows:
Reading of minutes of previous meeting (except reading of minutes may be
dispensed with by unanimous vote or copy of minutes as mailed to Commission
members may be approved without reading);
40
• 2. Unfinished Business
New Business; and
4. Other Business.
H. Public hearings shall be conducted formally, and the chairman shall make all rulings and
determinations regarding the admissibility of evidence; the scope of the inquiry; the order
in which evidence, objections and arguments shall be heard; and other like matters, except
that when in doubt, he may refer to staff, the city attorney, or to any member with knowledge
of the problem. Any member shall be privileged to make inquires personally and to call for
a vote on any ruling of the chairman with which he does not agree, whereupon the vote shall
determine the effective ruling. It shall be the purpose of the chairman to expedite all
hearings, confuting them to the presentation of only essential matters in the interest of saving
time, but entertaining the presentation of sufficient matter to do substantial justice to all
concerned. Official action shall be taken only in regular or special session of the Planning
Commission.
I. A rehearing shall be
called for only
if there was
a factual
error, omission or oversight in the
first consideration or at the request
of the City
Council.
A request for a rehearing must be
• made in writing and must state the factual error, omission or oversight asserted as the basis
for a rehearing. A request for a rehearing must be filed with the Planning Administrator
within thirty (30) days from the date of final action on the matter by the Planning
Commission.
During Planning Commission meetings Planning Commission members shall preserve order
and decorum and shall neither by conversation or otherwise delay or interrupt the
proceedings. Neither shall they refuse to obey the orders of the chairman or the rules of the
Planning Commission.
Every member of the Planning Commission desiring to speak shall address the Chair and,
upon recognition by the Chairman, shall confine herself or himself to the question under
debate and shall avoid all personalities an indecorous language. A Commissioner, once
recognized, shall not be interrupted while speaking unless a point of order is raised by
another member or unless the member chooses to yield to questions from another member.
If a member is called to order while he/she is speaking, he/she shall cease speaking
immediately until the question of order is determined. If ruled not to be in order, he/she shall
remain silent or shall alter his/her remarks so as to comply with the rules of the Planning
Commission.
• All members of the Planning Commission shall accord the utmost courtesy to each other, to
city employees and to members of the public appearing before the Planning Commission,
and shall refrain at all times from rude or derogatory remarks, reflections as to integrity,
• abusive comments and statements as to motives and personalities. Commissioner shall
confine their questions as to the particular matters before the Planning Commission and in
debate shall confine their remarks to the issues before the Planning Commission.
K. All submittals for hearings regarding jurisdiction of lands shall be by the owner thereof or
a duly authorized representative.
L. All meetings shall be conducted according to Robert's Rules of Order.
ARTICLE IV. COMMITTEES
A. The Planning Commission may establish such standing or special or advisory committees
as it deems advisable, and may assign to each committee specific duties or functions and
establish the terms of members of each such committee. Members of such committees may
be persons other than members of the Planning Commission, but a member of the Planning
Commission shall be named as chairman, either active or ex -officio, or each such committee.
B. The chairman of the Planning Commission shall name the chairman and members of each
such committee subject to approval of the Planning Commission and any vacancies on such
committee shall be filled in the same manner.
• C. No member of the Planning Commission shall be required to serve on more than two
committees.
ARTICLE V. RECORDS
The Planning Staff of the City of Fayetteville shall maintain a file of studies, plans, reports
and recommendations made by the Planning Commission in the discharge of its duties and
responsibilities.
ARTICLE VI. ADMINISTRATION OF THE COMPREHENSIVE PLAN AND
ZONING ORDINANCE
A. Consideration of Proposals for Changes to Zoning Districts. Before considering a request
or proposal for the change of a zoning district, the Commission shall determine that it has
before it the following:
A map of the parcel of land for which rezoning is proposed or requested indicating
the current zoning of the property and the current zoning of the property in the
immediate vicinity;
2. A vicinity map showing the location of the parcel of property and all major
• thoroughfares and collector streets in the area; further, a map showing all
streets and the zoning of all property in an approximate one -mile radius of the
parcel in question. If there is a parcel for which the preliminary plat has been
• approved, the vicinity map should show the streets in the proposed subdivision.
A
map indicating the
planned
land use and
public facilities in the area as indicated
in
the comprehensive
land use
plan; and
4. A staff report from the City's planning consultant, staff planner or City Manager
containing the following information.
a. General Information
The name of the applicant
2. The nature of the proposed rezoning and a brief description on the
property.
b. Findings of the Staff
A determination of the degree to which the proposed zoning is
consistent with land use planning objectives, principals, and policies
and with land use and zoning plans.
• 2. A determination of whether the proposed zoning is justified and/or
needed at the time the rezoning is proposed.
3. A determination as to whether the proposed zoning would create or
appreciably increase traffic danger an congestion.
4. A determination as to whether the proposed zoning would alter the
population density and thereby undesirably increase the load on
public services including schools, water, and sewer facilities.
5. If there are reasons why the proposed zoning should not be approved
in view of considerations under b (1) through (4) above, a
determination as to whether the proposed zoning is justified and/or
necessitated by peculiar circumstances such as:
a. It would
be impractical to
use the
land for any of the uses
permitted
under its existing
zoning
classifications;
b. There are extenuating circumstances which justify, the
rezoning even though there are reasons under b (1) through
(4) above why the proposed zoning is not desirable.
0 C. Recommendations of Staff
0
ARTICLE VII. AMENDMENTS
a. These By -Laws may be amended or repealed by an affirmative vote of not less than a
majority of the full membership of the Planning Commission. Any proposed amendment
shall first be presented in writing at a regular meeting and placed on the agenda of a
subsequent regular meeting for action unless ten days written notice of the proposal has been
given to all Commissioners, in which case action may be taken by any regular or called
meeting; or amendment may be made by unanimous vote without notice.
revised and adopted by the Planning Commission of the City of Fayetteville, Arkansas, on the
7 day of I'fl J}y 51995.
AI MQP.
• ADOPTED: November 11, 1959
REVISED: January 16, 1962
February 16, 1965
May 6, 1969
February 6, 1973
March 6, 1973
January 27, 1976
February 28, 1977
November 1, 1977
April 24, 1978
December 12, 1983
September 22, 1986
November 25, 1991
May 22, 1995
r1
U
rAAA 2L I
ary ead
SECRETARY