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HomeMy WebLinkAbout1995-11-13 MinutesEn • MINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION A regular meeting of the Planning Commission was held on Monday, November 13, 1995 at 5:30 p.m., in the City Administration Building, 113 W. Mountain Street, Room 219, Fayetteville, Arkansas. MEMBERS PRESENT: Jerry Allred, Jana Lynn Britton, John Forney, John Harbison, Phyllis Johnson, Conrad Odom, and Bob Reynolds MEMBERS ABSENT: Gary Head and Charles Nickle STAFF PRESENT: Don Bunn, Tim Conklin, Janet Johns, Rich Lane, Alett Little, and Beth Sandeen APPROVAL OF MINUTES OF THE REGULAR MEETING OF OCTOBER 23 1995 Minutes were approved as distributed. OLD BUSINESS 2020 GENERAL LAND USE PLAN The first item on the agenda was discussion of the 2020 General Land Use Plan. • Ms. Johnson stated Mr. Conklin had reviewed the Minutes and Planning Commission video in order to incorporate changes in the draft. Mr. Forney expressed concern regarding the language concerning "strip development." Discussion ensued. Specifically, Mr. Forney noted page 6.9.c. (italicized section) and inquired as to the location same had been incorporated into and he inquired as to whether or not a new opening paragraph had been drafted. Mr. Conklin stated the 6.9.c language had been relocated to 6.9.4. Mr. Forney noted there were nodes of commercial on the 2020 General Land Use Map and relocating the text to the beginning of the section gave it clarity. Ms. Johnson expressed concern regarding what she perceived as policy change regarding "strip development." Discussion ensued regarding the difference between strip development and strip centers. Ms. Little stated currently policy was to encourage centers and parks therefore it was a case of semantics and not a policy change. Further, Ms. Little noted that 2010 was strictly a policy document whereas 2020 was not only a policy document but also a strategy statement as well. Discussion ensued. Ms. Little stated policy in the past had been for commercial "strip" development along major highways and the current trend was away from creating another situation like Highway 7l B. Discussion ensued regarding whether the language constituted a policy change. Mr. Odom, Mr. Harbison, and Mr. Reynolds stated they supported the plan as presented including the language which in their opinion was not a change in policy. Mr. Allred and Mr. Harbison expressed the importance of preparing a Unified Development Ordinance to facilitate the implementation of the plan. 151111114NI Ms. Johnson made a motion to delete the italicized language on page 79. Mr. Reynolds seconded the motion. is Ms. Britton noted that the italicized language was included to explain the section as a footnote and Mr. Conklin affirmed the statement. • Planning Commission Minutes November 13, 1995 Page 2 Upon roll call the motion failed by a vote of 2-5-0. Mr. Allred, Ms. Britton, Mr. Forney, Mr. Harbison, and Mr. Odom voted against the motion. MOTION Mr. Allred made a motion to approve the land use plan as presented including the map which will include contour lines. Mr. Harbison seconded the motion. Ms. Britton stated she felt there were issues for further discussion. Discussion ensued regarding the required number of votes for ratification of the plan and the Bylaws reflected a majority of 5 votes would be required for approval. Upon roll call, the motion passed with a vote of 6-1-0. Ms. Britton voted against the motion. • • • Planning Commission Minutes November 13, 1995 Page 3 ORDINANCE AMENDING OFF STREET PARKING The next item on the agenda was discussion of an ordinance amending Section 160.117 of the Code of Ordinances, Zoning, to provide off-street parking requirements for eating places and restaurants offering entertainment. Ms. Little stated only one section of the ordinance would be changed, amending 1 parking space per 200 square feet with 20% overage to I space per 4 occupants with 1 space per employee. She stated this was in response to the national standards for restaurants which require more parking spaces than allowed under the current ordinance. Discussion ensued regarding the language under Description of Use and consensus was to amend same to reflect, "restaurants and restaurants offering entertainment." MOTION Mr. Odom made a motion to approve the parking ordinance with the above amended language included. Ms. Britton seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. • is ,2 • Planning Commission Minutes November 13, 1995 Page 4 CU95-38 - K.D. BERGER N OF DICKSON, W OF WEST The next item on the agenda was the conditional use request submitted by K.D. Berger for property located at 325 and 347 N. West Avenue and zoned 1-1, Heavy Commercial and Light Industrial. The request was for a waiver of 63 spaces. Staff did not support the waiver request and requested that the Commission act on setting a standard "incentive." Discussion ensued regarding the effect the fire which started on Friday, November 10, 1995, would have on request. Ms. Little noted the agenda packet contained a compilation of parking lot data in the Dickson Improvement Area and she explained same. She stated the City's policy encouraged the subject area to develop as a restaurant/entertainment center but she cautioned that continuing to grant waivers and encouraging sharing of parking without specific designation of same could create a crisis situation without measures in place to provide required parking. Discussion ensued regarding payments in lieu of required parking. Further discussion ensued regarding a new restaurant to be located in the subject area and Ms. Little stated staff would investigate and report back on same. Further discussion ensued regarding the shared parking arrangement with University Baptist Church. Ms. Little • stated a sign would be posted on the premises stating that parking was available in the subject lot. She further stated that shared parking arrangements were now being tracked to ensure that adequate parking would be available in shared lots. Ms. Little distributed a letter from Dickson Street Improvement District who opposed granting of the requested waiver, a letter from Mr. Berger, and a letter from Walton Arts Center also opposing the granting of the requested. She stated those letters were obtained by request of the Commission at the last meeting. Further she stated that staff had not received information requested by the Commission to be provided by the applicant regarding whether or not the parking agreement with Arkansas Archeological Survey was a viable/enforceable document. Mr. Berger addressed the Commission and stated despite his effort, he was not able to obtain a definitive determination regarding the Archeological Survey agreement. He stated he was prepared to share a video tape of the parking lots in the area but the Commission declined to view same. Mr. Berger contended required parking was available with the 600 feet radius. Ms. Little summarized there were 22 spaces available after 5:00 p.m. and 10 of those would be available all day at 339 N. West Avenue (West End Warehouse/Crossbrooks Graphics), 36 parking spaces available after 5:00 p.m. on weekdays and all day on the weekends located at 340 N. West Avenue (Arkansas Archeological Survey), an unspecified number of spaces without a specific location from UBC, and 28 parking spaces available without specified hours/days from Burlington Northern Railroad Company Terminal. Ms. Little stated the requirement was for 68 parking spaces available at all times and there were only 4 spaces available on site. Discussion ensued. Ms. Johnson recapped that there would be 38 spaces available during the day and 50 available at night. Mr. Odom cautioned against accepting lease agreements as contingent approval for parking. Mr. Reynolds stated he would abstain from voting on the grounds that he owned property in the subject area • Discussion ensued regarding the gated lot at Dickson and West Streets and whether or not same would satisfy the requirements. IS • Planning Commission Minutes November 13, 1995 Page 5 Ms. Britton inquired about assessments for future parking needs. Mr. Bill Myers, a Fayetteville resident, spoke opposing the granting of the waiver and expressed concern regarding handicapped parking in the subject area. Mr. Bill Lazenby, owner of record, spoke in support of the waiver. Mr. Eric Lloyd spoke supporting the waiver and further inquired as to what benefits the Improvement District tax was providing. Ms. Johnson stated that the DSID tax went toward improvements at the intersection of Dickson Street and College Avenue and to the parking lot on Gregg Street near West Street which is being leased to Sigma Nu. Mr. Harbison noted there were only three conditions for granting parking waivers, including adequate off site public parking, shared parking, or a payment in lieu of spaces waved. Discussion ensued. Mr. Berger inquired as to the code section which addressed shared parking and Ms. Little referred him to Section 160.117 E (4) and parking waivers at Section 160.117 H for information on fees in lieu of parking spaces. Discussion ensued regarding the amount of the fee which Mr. Berger would be assessed if he were to agree to same. Mr. Berger contended there was adequate parking within 600 feet and a waiver could be granted on that ground. Discussion ensued. • Mr. Allred requested that the applicant provide written documentation for shared parking spaces and suggested that if a waiver was still necessary a portion of the spaces could be waived and a portion could be assessed an in lieu fee. Further Mr. Allred stated he had no problem with accepting a lease because he reasoned within 5 years the situation would be corrected. MOTION Mr. Allred made a motion to postpone. Mr. Forney seconded the motion but noted that the Burlington Northern lot would not currently meet city standards for parking lots and therefore could not be considered in meeting parking requirements and Mr. Berger should consider same in providing lease agreements. Upon roll call, the motion passed with a vote of 5-1-1. Mr. Odom voted against the motion and Mr. Reynolds abstained. • • Planning Commission Minutes November 13, 1995 Page 6 PARKING INCENTIVES Ms. Little gave an overview and explained how the $1200 per parking space figure was derived. She stated after the development of First National Bank (now Boatman's Bank) they figured cost per space at $2000 and the $1200 represents over half of the expense to develop one parking space. Ms. Little requested that the Commission make a determination of an amount the City should be willing to give to developments in the Dickson Street area and it should be converted by dividing by $1200 per parking spaces. The amount of the incentive would therefore determine the number of parking spaces which would be waived. Discussion ensued. Mr. Allred inquired if any studies had been done as to available locations for parking lots and urged that a plan be developed to correct the parking problems for future development in the Dickson Street area. Ms. Johnson stated a lot could be sited at the present Uptown School location. Ms. Britton suggested that the incentive amount should be based on square footage. Ms. Johnson appointed a subcommittee to consider the issue. Members included John Harbison, Chair, John Forney, and Conrad Odom. Ms. Johnson requested information be provided at the next meeting. CI 0 336 • Planning Commission Minutes November 13, 1995 Page 7 PP95-21 - WEDINGTON PLACE GENEVA MCFARLAND - N OF WEDINGTON, W OF HWY 71 BYPASS, E OF SALEM The next item on the agenda was the preliminary plat for Wedington Place submitted by Clary Development on behalf of Geneva McFarland, et al, for property located north of Wedington, west of Highway 71 Bypass and east of Salem. The property is zoned C-2 and contains 32.36 acres with 2 proposed lots. Staff recommended approval of the plat subject to the following: 1. Plat Review and Subdivision comments. 2. Payment of $1500.00 per acre as a contribution to the construction of bridges on Salem Road and Shiloh Drive. 3. Approval of a grading and drainage plan for the site. 4. Payment of off site sewer improvements costs equivalent to $200.00 per residential lot. 5. Conformance in all respects to the requirements of the Overlay District. 6. Subsequent approval of specific large scale development plans on each of the lots • (Note: tree preservation will be addressed at the time of the LSD approvals.) 7. Construction of sidewalks along Wedington 8. The provision of at least 2 additional access (outlet) points at the time Phase II is developed. Those access points were suggested to be Timberline and Salem Road at this time. Other access points may be recommended in the future, depending on development of Lot 3. Discussion ensued regarding staff recommendation 8 regarding access points. Mr. Reynolds noted that during site tour, consensus was a connection should be achieved at Dorothy Jean. Mr. Bunn stated the access to the third lot (Dorothy Jean) would be addressed during phase II of the project. Mr. Brown noted it was as yet not certain how same would be developed and further noted he did not own all of the property that would be necessary to make a connection to Dorothy Jean but they were aware of the significance and desirability of connection there and would agree to do what they could to facilitate same. MOTION Mr. Reynolds made a motion to approve the preliminary plat subject to staff recommendations Mr. Odom seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. 41 334;4- • Planning Commission Minutes November 13, 1995 Page 8 LSD95-36 - NORTHWEST VILLAGE (RESUBMITTAL) SECOND CENTURY INVESTMENTS E OF HWY 71131 N + S OF SHEPARD The next item on the agenda was revised plat of Northwest Village submitted by Development Consultants on behalf of Second Century Investments for property located east of Highway 71 B, north and south of Shepard Lane. The property contains 12.224 acres and is zoned C-2, Thoroughfare Commercial. Staff recommended approval of the revised large scale development subject to the following: 1. Approval from the utility representatives. The Planning Department is in receipt of approval notification. 2. Approval of other Plat Review personnel. 3. Replacement of trees as outlined by Beth Sandeen, Landscape Administrator. 4. Installation of screening (landscaping) along the east side of the subdivision as required by ordinance. Ms. Little explained staff was under the impression that changes had occurred since Subdivision approval on November 2, 1995. She distributed two plats delineating those changes. Changes included expansion of Anchor E from 6052 square feet to 12019 square feet and parking lot adjustment as required due to the expansion. She • explained the reason for the urgency in getting the Commission's approval was that several of the retailers wished to open the day after Thanksgiving and she further stated a lot of the confusion stemmed from the fact there were three different engineeringlarchitecture firms involved. Ms. Little explained building permits were issued for Toys R Us and Office Max based on the plan approved in February, 1995. She stated due to some grading changes the site plan was changed and was not recoordinated with the City therefore same was brought back for the Commission's approval. Intense discussion ensued. MOTION Mr. Reynolds made a motion to postpone. Mr. Odom seconded the motion. As chair of the Subdivision Committee, Mr. Allred required the Commission only consider the plat which was approved by Subdivision Committee on November 2, 1995. Discussion enseud. The motion was withdrawn. Mr. Pitman stated there were two separate issues. One was regarding the rotation of the Chik-Fil-A building and the other was the expansion of Anchor E. He stated he would postpone the expansion of Anchor E issue. Discussion ensued regarding which plat would be considered. MOTION • Mr. Allred made a motion to consider the plat considered at the Subdivision Committee meeting of November 2, 1995. • Planning Commission Minutes November 13, 1995 Page 9 Mr. Odom seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. Regarding the staff report, Ms. Little noted that staff recommendation 2 had not been met and requested that a fifth recommendation be added as follows: 5. Compliance with the parking lot ordinance. Ms. Little stated Mr. Ray (local engineer representing Second Century) had been required to take the plat to the utility representatives and obtain their approval signature which he did. Ms. Little stated City staff had been sent a memo requesting their comments prior to the meeting but same had not been received and should be required. Discussion ensued regarding whether or not two separate motions would be required to approve the requested action. Commission recessed for 5 minutes. Mr. Lane summarized the changes as follows: 1. Anchor A decreased by 135 square feet. • 2. Anchor C increased by 68 square feet. 3. Anchor E increased by 2919 square feet. Discussion ensued. 4. Restaurant N (Chik-Fil-A) added a retaining wall and the lot was reoriented to face north and south. 5. Restaurant S decreased by 104 square feet and a retaining wall was added. 6. Parking increased to 513 required and 514 was provided increasing by 11 from the previously approved plat. The southeast corner parking lot originally shown as future development currently reflected 39 parking spaces. 7. Exit lanes on Highway 71 were changed. Ms. Little stated originally there was one entrance in and two exits and the throat length was longer on the February plat. Ms. Little stated the throat length was decreased by 35 to 45 feet. Additionally Ms. Little noted the plat approved in February noted an "Old Main Tower" development theme. Discussion ensued regarding the reduction of the median and state highway department requirements. Ms. Little stated a sidewalk would be required along Highway 71B. Ms. Britton expressed concern regarding the change in the entryway. Discussion ensued regarding changes in the sign location. is 333 • Planning Commission Minutes November 13, 1995 Page 10 MOTION Mr. Reynolds made a motion to approve the large scale development plan dated September 22, 1995 with 50 feet wide entrance off Highway 71B including a 10 feet median, a 5 feet sidewalk along Highway 71B, compliance with the sign ordinance, "Old Main Tower" development theme, and staff comments. Mr. Allred seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. • 40 3q X345 • Planning Commission Minutes November 13, 1995 Page 13 ORDINANCE ALLOWING 15 DAY APPEAL The next item on the agenda was a proposed ordinance amending Sections 159, 161, and 162 of the Subdivision Regulations to allow for an appeal period of 15 days from Planning Commission approval. Ms. Johnson stated that the various appeal procedures had been outlined in the staff report and staff recommended that a Unified Development Ordinance would address the issue. Ms. Little stated that the new drainage ordinance covered the issue as well by not allowing site disturbance until approval of the drainage plan. Discussion ensued regarding the appeal process and Ms. Little stated the current appeal process was 10 days. Discussion ensued regarding cease work orders. MOTION Mr. Allred made a motion to incorporate the issue in the Unified Development Ordinance. Mr. Reynolds seconded the motion. Upon roll call, the motion passed with a vote of 6-1-0. Ms. Britton voted against the motion. • ORDINANCE FOR GUARANTEES IN LIEU OF INSTALLED IMPROVEMENTS The next item on the agenda was a proposed ordinance amending the subdivision regulations regarding guarantees in lieu of installed improvements. Ms. Little noted that "all the required improvements" had been changed to "prior to the installation of the final pavement' and the sentence "all improvements other than the final pavement, must be completed before the survey amount can be deposited with the City" was stricken. Further Ms. Little stated staff wished to incorporate changes to reflect posting of surety for sidewalks and landscaping in paragraph A. Ms. Johnson directed staff to make the changes and bring the draft ordinance back. ORDINANCE MAKING ODORS A CONDITIONAL USE The next item on the agenda was a proposed ordinance amending Section 160.075 of the Code of Ordinances, Zoning, making facilities emitting odors a conditional use in the 1-2, General Industrial Zone. Ms. Johnson directed staff to include explosives as conditional use and bring the ordinance back for further consideration. ORDINANCE MAKING OUTDOOR MUSIC A CONDITIONAL USE The next item on the agenda was a proposed ordinance amending Section 160.100 of the Code of Ordinances, Zoning, making facilities providing outdoor music a conditional use in specified zoning districts subject to certain conditions. isMs. Johnson noted the Council had recently passed a Noise Ordinance and those measures were sufficient to address the issue. Discussion ensued. • Planning Commission Minutes November 13, 1995 Page 14 MOTION Mr. Odom made a motion to deny the further consideration of the subject draft ordinance. Mr. Reynolds seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. Meeting adjourned at 9:45. r L 0 3a STAFF: LITTLE ODKIu ti) Tokw: rs j LANE tgl�lr som c� Q - MOTION SECOND ALLRED BRITTON FORNEY HARBISON HEAD JOHNSON NICKLE ODOM VOTING LOG FOR 1113 G5 • REYNOLDS Derr S • Oram ALL. 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