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HomeMy WebLinkAbout1995-08-14 Minutes• MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Planning Commission was held on August 14, 1995, at 5:30 p.m. in room 219 of the City Administration Building at 113 West Mountain, Fayetteville, Arkansas. MEMBERS PRESENT: Jerry Allred, Jana Lynn Britton, John Forney, Gary Head, Phyllis Johnson, Charles Nickle, and Bob Reynolds. MEMBERS ABSENT: John Harbison and Conrad Odom. STAFF PRESENT: Alett Little and Janet Johns. APPROVAL OF MINUTES Minutes were approved as distributed. OLD BUSINESS CONDITIONAL USE CU95-18 - HELEN NOBLES 1725 WOOLSEY AVENUE The first item on the agenda was the conditional use submitted by Helen Nobles for property located at 1725 Woolsey Avenue and zoned R-1, Low Density Residential. The request is for a second dwelling. . Staff recommended approval of the requested conditional use provided the structure is constructed in substantial compliance with the materials presented and subject to a deed restriction submitted at the issuance of the building permit stipulating that one unit of the property is owner occupied. Additionally, conditions of the July 5, 1995 Commission meeting applied as well. Ms. Nobles presented the roofing and siding materials as requested. Ms. Little noted the design on the house had been changed and staff recommended in favor or same. MOTION Mr. Reynolds made a motion to approve the conditional use subject to staff recommendations. Mr. Allred seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. FINAL PLAT - HIDDEN LAKE ESTATES BMP DEVELOPMENT - N OF MISSION, W OF RAMSEY Ms. Little distributed a memorandum from Beth Sandeen regarding violation of Section 11, of Chapter 162: Tree Protection and Preservation and resolution of same. 4 aa� • Planning Commission Minutes August 14, 1995 Page 2 NEW BUSINESS REZONING R95-26 - BILL O. TAYLOR 4230 E. HUNTSVILLE ROAD The next item on the agenda was the rezoning submitted by Bill Taylor for property located at 4230 E. Huntsville Road: Th request is to rezone 1.94 acres from A-1, Agricultural.to R-1, Low Density Residential. Staff recommended approval of the requested rezoning. Ms. Little stated the subject property adjoins the David Lyle Subdivision. Mr. Nickle inquired as to the discrepancy in acreage and Ms. Little called his attention to the matter a portion of the subject tract was outside the city limits. Mr. Reynolds inquired if there would be a sidewalk and Ms. Little responded that was addressed under the lot split. MOTION Mr. Head made a motion to approve the rezoning request. • Mr. Nickle seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. • • Planning Commission Minutes August 14, 1995 Page 3 LOT SPLIT #1 - BILL O. TAYLOR 4230 E. HUNTSVILLE ROAD The next item on the agenda was submitted by Bill O. Taylor for property located at 4230 E. Huntsville and zoned R-1, Low Density Residential (proposed R95-26.) The request was to split off 1.12 acres. Staff recommended approval of the split subject to: 1. Construction of a sidewalk along Highway 16 (across both tracts), and 2. Dedication by warranty deed of sufficient right of way adjacent to Highway 16 so that the total right of way on the north side is equal to 50 feet. Mr. Bunn requested a third condition be added to the staff recommendation as follows: 3. Subject to approval of the rezoning by City Council. Ms. Taylor agreed to comply with all staff recommendations. Discussion ensued regarding the right of way and Ms. Johnson stated the 50 feet would be measured from the centerline of said highway. • Ms. Taylor inquired as to the location of the sidewalk and Mr. Bunn responded it should be located adjacent to the right of way and could wind around any trees. Ms. Little added no state permit would be required per notification from the Highway Department. Ms. Paresik inquired as to what would need to be done to facilitate approval from the Council of the rezoning and Ms. Little stated the staff would initiate an agenda request. MOTION Mr. Allred made a motion to approve the lot split subject to staff recommendations. Mr. Reynolds seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. 0 iV - . Planning Commission Minutes August 14, 1995 Page 4 FINAL PLAT - WILLOW SPRINGS, PHASE III RALPH WALKER - N OF CARRIAGE WAY, W OF RUPPLE ROAD The next item on the agenda was the final plat of Willow Springs, Phase III submitted by Jorgensen & Associates on behalf of Ralph Walker for property located north of Carriage Way, west of Rupple Road. The property is zoned R- 1.5, Moderate Density Residential and contains 18.70 acres with 73 lots. Staff recommended approval of the final plat subject to the following: 1. Plat review and Subdivision Committee comments; 2. A bond for the unfinished street paving; 3. Payment of $56.00 per lot fee for off-site sewer improvements; 4. A warranty deed for parks land, 5. Changes in the street name as requested; and 6. Relocation of the fire hydrant as requested by the Fire Chief. • Discussion ensued regarding various street connections. Mr. Jorgensen stated he was in agreement with all staff recommendations. Ms. Britton inquired if the southerly connection was complete and Ms. Little stated it was. Mr. Bunn stated all improvements with the exception of the final layer of paving needed to be complete prior to utility and staff sign off. Ms. Little stated the dedicated park land adjoined other park land to make a tract of 8 to 10 acres with pedestrian and vehicle access. MOTION Mr. Nickle made a motion to approve the final plat subject to staff recommendations. Mr. Head seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. • • Planning Commission Minutes August 14, 1995 Page 5 LARGE SCALE DEVELOPMENT - NORTH STREET APARTMENTS (REVISED) WALKER CONSTRUCTION - N OF NORTH ST, W OF GREGG AVE The next item on the agenda was the large scale development for North Street Apartments (Revised) submitted by Jorgensen & Associates on behalf of Walker Construction for property located north of North Street, west of Gregg Avenue. The property is zoned R-2, Medium Density Residential and contains 2.15 acres with 24 units. Staff recommended approval subject to: 1. Plat Review and Subdivision Committee comments; 2. Approval of a tree preservation plan; 3. Approval of the drainage and grading plans; 4. Submittal of an Easement Plat prior to any building permits being issued; 5. Approval of the detailed plans for water and sewer facilities; 6. Naming of the private street for address purposes, and • 7. Meeting all ADA requirements. Discussion ensued regarding ADA requirements. Ms. Little noted the street sign would need to include "Private Drive." Ms. Britton inquired if the structures were 3 story and Mr. Jorgensen stated they were 2 story. Mr. Jorgensen stated the Parks Board had requested money in lieu of land dedication. MOTION Mr. Head made a motion to approve the large scale development subject to staff recommendations. Ms. Britton seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. 0 M Planning Commission Minutes • August 14, 1995 Page 6 FINAL PLAT - MAJOR ADDITION MAJOR INVESTMENTS - E OF 71 BYPASS, N OF 18TH ST The next item on the agenda was the final plat of Major Addition submitted by Northwest Engineering on behalf of Major Investments for property located east of 71 Bypass, north of 18th Street. The property is zoned C-2, Thoroughfare Commercial and contains 11.34 acres with 3 lots. Staff recommended approval of the final plat subject to the following: Plat Review and Subdivision Committee comments; A note on the plat that fire hydrants, sidewalks, street lights, and drainage would be addressed at the time of large scale development approval on lots 2 and 3. The mention of those specific items will not preclude other improvements as may be required at the time of the LSD approval; and A 50 foot street right of way across the north side of lot 3. Ms. Little stated the subject tract was in the overlay district and therefore consideration of improvement completion would be postponed until the large scale development phase. She noted the fire hydrants were not installed but prior to approval of the large scale development those would be installed. Mr. Forney noted same was precedent setting. Ms. Little responded she would call to the attention of the City Council the potential conflict with City ordinance. • Mr. Jones agreed to staff recommendations and made a statement regarding the potential problem with the ordinance. MOTION Mr. Allred made a motion to approve the final plat subject to staff recommendations. Ms. Britton seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. Planning Commission Minutes . August 14, 1995 Page 7 PRELIMINARY PLAT - DAVID LYLE SUBDIVISION BAYYARI PROPERTIES - N OF HWY 16 E, E OF ROBERTS RD The next item on the agenda was the preliminary plat for David Lyle Subdivision submitted by Milholland Engineering on behalf of Bayyari Properties for property located north of Highway 16 East, east of Roberts Road and zoned R -S, Residential Small Lot. Staff recommended approval of the preliminary plat subject to the following: 1. Plat Review and Subdivision Committee comments; 2. Execution of a "Conservation Easement" as offered at the time of rezoning required at the time of preliminary plat approval; 3. A warranty deed for the 6.99 acres of Parks Land plus a 50 foot access easement to the parks land required at the time of preliminary plat approval; 4. A revised Tree Preservation Plan required at the time of preliminary plat approval; 5. Sidewalk construction along one side of the interior streets; 6. Construction of 27 feet interior streets with the entrance streets being 31 feet wide and • the detailed street plans shall include providing a finished grade across the entire street right of way with provision for the construction of the sidewalk with no additional grading of the right of way allowed except necessary driveway cuts; 7. Approval of the final plans for water, sewer, streets, and drainage; 8. Approval of a grading plan and a final drainage plan, and 9. The filing (and submittal to the City) of Protective Covenants for the maintenance of the island areas in the street. Ms. Johnson inquired if the conservation easement had been received and Ms. Little responded a letter of agreement was on file and staff would accept same. Discussion ensued. Mr. Milholland stated he concurred with the staff recommendations. Ms. Little inquired if the plat included only the R -S zone and Mr. Milholland stated it included a part of the R -O zone but not the Highway 16 frontage. Ms. Britton inquired as to which streets were 27 feet in width and Mr. Milholland stated all streets were 27 feet with the exception of Colonial and Cottonwood. Mr. Allred stated Subdivision Committee and staff had recommended the 27 feet. Ms. Britton inquired regarding pedestrian access to the dedicated park land and Mr. Bunn stated there was a 16 feet utility and access easement. . Mr. Nickle requested the Protective Covenants reflect no on street parking was allowed. Planning Commission Minutes • August 14, 1995 Page 8 MOTION Mr. Allred made a motion to approve the preliminary plat subject to staff recommendations. Mr. Reynolds seconded the motion. Upon roll call, the motion passed with a vote of 6-1-0. • • C "7�l Planning Commission Minutes • August 14, 1995 Page 9 LARGE SCALE DEVELOPMENT - ARNOLD ORTHOPAEDIC OFFICES ARNOLD & ASSOCIATES - N OF JOYCE ST, E OF PARKVIEW DR The next item on the agenda was the large scale development submitted by CEI Engineering on behalf of Arnold & Associates for property located north of Joyce Street, east of Parkview Drive. The property is zoned C-2, Thoroughfare Commercial. Staff recommended approval of the large scale development subject to the following: L Plat Review and Subdivision Committee comments; 2. The relocation of tress affected by the south driveway; 3. Landscaping along Parkview as required by the zoning ordinance, 4. The filing of an easement plat at the time of the application for a building permit, and 5. Approval of the grading plan. Mr. Hesse agreed with the staff recommendations. MOTION • Mr. Head made a motion to approve the large scale development subject to staff recommendations. Mr. Allred seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. CI Planning Commission Minutes • August 14, 1995 Page 10 LARGE SCALE DEVELOPMENT - ELKHART PRODUCTS ELKHART PRODUCTS The next item on the agenda was the large scale development submitted by Northwest Engineering on behalf of Elkhart Products located at 3265 Highway 71 South and zoned R-1, Low Density Residential and I-1, Heavy Commercial and Light Industrial. Staff recommended approval subject to the following: 1. Plat Review and Subdivision Committee comments; 2. Addition of parking spaces and handicap spaces as required by ordinance; 3. Approval of grading plan; and 4. Conformance with the ADA. Ms. Little distributed a letter opposing approval of the large scale development . Mr. Nickle inquired if the engineer had included the square footage of the proposed structure on the plat and Mr. Jones stated it was under the development statistics table and included on the revised plat dated July 28, 1995. • Mr. Jones stated he had received noise nuisance calls and stated there would not be additional noise associated with the proposed office and warehouse structures. Ms. Johnson stated there was not any building to the north adjoining the residential zone. Mr. Jones stated the parking buffer would help insulate the current noise. Discussion ensued regarding the buffer. Ms. Britton inquired if the buffer would be fence or vegetation and Mr. Jones stated they would comply with whatever the Commission would prefer. Mr. Reynold requested a wooden privacy fence. Ms. Britton inquired as to residential setbacks adjoining a commercial zone and Ms. Little stated it was 25 feet. Further Ms. Little stated the buffer should be screened and vegetation should be at least 3 feet in height. Mr. Crider the plant manager agreed to provide the following 1. Fix the telephone buzzer; 2. Write and distribute an employee memorandum regarding and prohibiting the noise nuisance including loud music from car stereos and revving engines; and, 3. Construction of a wooden privacy fence on the north side abutting the residential zone. MOTION Mr. Nickle made a motion to approve the large scale development subject to staff recommendations and additional agreements. Mr. Reynolds seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. a Planning Commission Minutes August 14, 1995 Page 11 CONDITIONAL USE CU95-23 - ELKHART PRODUCTS 3265 HWY 71 SOUTH The next item on the agenda was the conditional use submitted by Elkhart Products for property located at 3265 Highway 71 South and zoned R- 1, Low Density Residential. The request is for an employee parking area. Staff recommended approval of the conditional use subject to the following: A full screen of vegetation shall be installed between the parking lot and the adjacent residential properties to the north along with landscaping of at least 3 feet in height to the east, and; Any light of the parking lot shall be down lighted and directed away from the residential properties as to avoid any encroachment into their south facing windows. MOTION Mr. Reynolds made a motion to approve the conditional use subject to staff recommendations. Mr. Nickle seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. _ ... . • a? Planning Commission Minutes • August 14, 1995 Page 12 LOT SPLIT - WILLIAM CRAFT 2988 ANNE STREET The next item on the agenda was the lot split submitted by William Craft for property located at 2988 Anne Street and zoned R-1.5, Moderate Density Residential. Staff recommended approval of the lot split subject to the construction of a sidewalk on the east side of Florene Street. Discussion ensued regarding triplex construction and Ms. Little stated R-1.5 would allow same by right. MOTION Mr. Head made a motion to approve the lot split subject to staff recommendations. Mr. Nickle seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. Ll • J o;� 33 Planning Commission Minutes • August 14, 1995 Page 13 LOT SPLIT - BRENDA BRUCE AND JACK GUINN 1998 VAN HOOSE The next item on the agenda was the lot split submitted by Brenda Bruce on behalf of Jack Guinn for property located at 1998 Van Hoose (outside city limits.) Staff recommended approval of the lot split subject to the following: 1. Washington County approval of the lot split; and, 2. Approval from County Health Department for a septic tank. Mr. Nickle inquired as to whether or not the County had a 2 acre lot size requirement and Ms. Little stated they did not. Ms. Bruce submitted County approval. MOTION Mr. Nickle made a motion to approve the lot split subject to staff recommendations. Mr. Head seconded the motion. • Upon roll call, the motion passed with a unanimous vote of 7-0-0. 0 Planning Commission Minutes • August 14, 1995 Page 14 CONDITIONAL USE CU95-20 - UNIVERSITY BAPTIST CHURCH 322 WEST MAPLE The next item on the agenda was the conditional use submitted by Samuel Arellano on behalf of University Baptist Church for property located at 322 West Maple Street and zoned R-3, High Density Residential. The request is for a Pregnancy Help Center Office. Staff recommended approval of the conditional use subject to the following L Applicant submits and receives approval from the Board of Adjustment waiving the I acre minimum lot size requirement for office use in R-3 zone; 2. Any signs be limited to 3 square feet in area; and, 3. Any lighting be placed so that it is unobtrusive to neighboring residential uses. Ms. Johnson stated the chair would not entertain any discussion of gravel parking lots as same was irrelevant to subject request. Ms. Little stated UBC was not the owner of record. Further she stated Mr. Thad Hanna was the owner of record. Ms. Little stated the parking lot on the subject property was not paved to her knowledge but she would check same. • Mr. Camehan stated he would pave the lot. Ms. Little read a letter of opposition from Mr. Mark Schmidt. Mr. Crouch stated there were 2 full time employees and I volunteer and estimated three clients per day. He further stated they would only occupy the first floor. Ms. Little stated the second floor would remain residential. Discussion ensued regarding traffic counts ingressing and egressing the subject property and location of Living Alternative prior to the subject property. Ms. Little stated there were complaints of record regarding Living Alternatives. Ms. Ellen May made a presentation of the Wilson Park Historic District and expressed her concern regarding encroachment into the district by UBC. Ms. Little gave an overview of the parking situation and status of same. Ms. May presented a petition with 92 signatures opposing the granting of the conditional use. Mr. Joseph Smoot opposed the granting of the conditional use on the grounds of encroachment. Ms. Little stated there were specific criteria used to determine granting a conditional use and read same. Ms. Sheri Patton read a letter from herself and her neighbor, Ms. Gwendolyn Wolf supporting the conditional use. • Dr. William Harrison spoken in opposition to the conditional use. 'Vs Planning Commission Minutes • August 14, 1995 Page 15 Mr. Thad Hanna made a statement supporting the conditional use and stated the term of the lease with UBC was 10 years. Mr. Bob Jordon opposed the conditional use. Discussion ensued regarding the use of a structure for scout meetings and Ms. Little stated R -I would allow same. Further discussion ensued regarding the use of the second story. Mr. Brett Ralston with Outreach stated it would remain residential in nature to house visiting missionaries. Ms. Johnson inquired as to what authority the Commission had to follow up on conditional uses and Ms. Little responded that if a complaint was received same could be resolved and it could be conditional approval that it come back to the Commission after a period of time. Discussion ensued. Mr. Bill Kiser stated he supported the mission of Living Alternatives and stated it was not the intention of UBC to encroach upon the neighborhood. Further he stated they had already sold a property on Shady to be used as residential and had plans to sell others. Ms. Tresa Arellano made a statement regarding the passive nature of Living Alternative and assure the Commission they were not radical in nature. Mr. Lyle Thompson made a statement and gave an historical overview of the Wilson Park Historic District. • Ms. Debbie Valente spoke in support of the conditional use. Mr. Ed Parette spoke in opposition to the conditional use. Mr. Ray Niblock spoke in opposition to the conditional use on the ground of property devaluation. Ms. Ann Hanna spoke in support of the conditional use and gave a brief overview of the district. Ms. Phyllis Johnson (not the Planning Commission chair) spoke in support of the conditional use. Ms. Susie Stephens spoke in opposition to the conditional use. Discussion ensued regarding various issues involved in determining approval of conditional uses and animosity between the neighborhood association and UBC. Ms. Little reminded the Commission and the audience that approval of the conditional use would require 5 affirmative votes. MOTION Mr. Allred made a motion to approve the conditional use subject to staff recommendations and the following: 1. Conditional use applied only to the frst floor of the structure; and, 2. The subject matter be referred back to the Commission in one year. • Upon roll call, the motion passed with a vote of 5-2-0. Ms. Britton and Mr. Nickle voted no. Planning Commission Minutes • August 14, 1995 Page 16 The commission recessed for 5 minutes. Planning Commission Minutes • August 14, 1995 Page 17 LOT SPLIT - HARLEY & PAULINE ESTES 16767 LAKE SEQUOYAH ROAD The next item on the agenda was the lot split submitted by Harley & Pauline Estates for property located at 16767 Lake Sequoyah Road (outside city limits.) Staff recommended approval subject to the following: Approval of the plat by the Washington County Planning Commission; 2. Approval of a septic tank on the property by the Washington County Health Department; and, 3. Approval of an access easement by the Fayetteville City Council. Ms. Little stated she had received approval notice from the County. Mr. Estes agreed to the staff recommendations. MOTION Mr. Head made a motion to approve the lot split subject to staff recommendations. • Mr. Nickle seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. 0 V, Planning Commission Minutes • August 14, 1995 Page 18 CONDITIONAL USE CU95-22 - JOHN & JANET KESNER PRESBYTERY OF ARKANSAS - E OF CROSSOVER, N OF ZION RD The next item on the agenda was the conditional use submitted by Presbytery of Arkansas on behalf of John and Janet Kesner for property located east of Crossover Road, north of Zion Road and zoned A- I, Agricultural. The request is for a church. Staff recommended approval of the conditional use provided the applicant was willing to address all site development issues at large scale development stage. Mr. Nickle inquired if there was frontage along Highway 265 and Mr. Rail stated there was. MOTION Mr. Allred made a motion to approve the conditional use subject to staff recommendations Mr. Head seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. M Planning Commission Minutes • August 14, 1995 Page 19 REZONING R95-29 - FAYE SOUTHERLAND GALEN EICHER - N OF HWY 62, E OF LEWIS AVE The next item on the agenda was the rezoning submitted by Galen Eicher on behalf of Faye Southerland for property located north of Hwy 62, east of Lewis Avenue. The request is to rezone lots 1, 2, 3, 4, 5, and 6, in Block 2 of Sunset Addition from R-2, Medium Density Residential to R-2, High Density Residential. Staff recommended denial of the rezoning request due to construction of a single family unit directly across the t street and other structures already constructed. Mr. Eicher introduced Mr. Jones, his representative, who made a statement regarding the need for more housing in the University area and their desire to provide same. Ms. Little stated staff had attempt to located a development which approached the 24 units per acre density and none were found. Alternatively, she stated staff would recommend R-2 zoning which would allow 24 two bedroom units or 14 two bedroom unit and 12 one bedroom units totaling 26 units. Further she stated the maximum units allowed in R-2 would 27. She stated rezoning this tract would constitute spot zoning. Discussion ensued regarding options the petitioner might request MOTION is Mr. Forney made a motion to approve the rezoning subject to a Bill of Assurance granting a maximum of 27 units and conditioned upon 5 feet variance approval by the Board of Adjustments and Sign Appeals. Mr. Head seconded the motion. Upon roll call, the motion failed with a vote of 4-3-0. (Under Commission Bylaws, 5 affirmative votes are required for passage of a rezoning.) 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