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HomeMy WebLinkAbout1996-03-25 MinutesMINUTES OF A MEETING OF THE FAYETTEVILLE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on March 25, 1996 at 5:30 p.m, in the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. MEMBERS PRESENT: Phyllis Johnson, Gary Head, Jerry Allred, John Forney, John Harbison, Conrad Odom, Bob Reynolds, Jana Britton, and Chuck Nickle. STAFF PRESENT: Alett Little, Jim Beavers, Rich Lane, Janet Johns, Beth Sandeen, and LaGayle McCarty. The scheduled agenda session on March 21, 1996 was canceled due to lack of a quorum, therefore no Consent Agenda was considered. MAYOR'S PRESENTATION OF AWARD TO OUTGOING COMMISSIONERS Mayor Fred Hanna presented a key to the city pin, a plaque, and a letter of recommendation to outgoing commissioners Jana Britton and Chuck Nickle. The Mayor presented a certificate of recognition to Bob Reynolds for the completion of first term. APPROVAL OF MINUTES OF THE REGULAR MEETING OF MARCH 11. 1996 The minutes were approved as distributed 40 C] 5'7 • Planning Commission Minutes March 25, 1996 Page 2 OLD BUSINESS GARAGE SALE ORDINANCE The proposed ordinance was discussed at the Commission meetings of July 10, 1995, January 22, 1996, and February 12, 1996. Staff recommended the Commission forward the proposed ordinance to the City Council. Discussion ensued regarding the changes to proposed draft. The proposed ordinance was amended as follows (see italics.) §160.103 - Garage Sales -Conditions: "...(E) Signs. Each sign shall not exceed 4.5 square feet in area. The off-site sign shall include the permit number, address, and date(s) of sale. All signs shall be removed by 8:00 a.m. the day following the sale..." MOTION Ms. Britton made a motion to approve the proposed garage sale ordinance as amended above. Mr. Reynolds seconded the motion. Upon roll call, the motion passed with a vote of 8-0-1. Mr. Head (arrived at 5:22 p.m. during roll call) and • abstained from voting. E Planning Commission Minutes March 25, 1996 Page 3 TRANSIENT MERCHANTS ORDINANCE The proposed ordinance was discussed at the Commission meetings of July 10, 1995, January 22, 1996, and February 12, 1996. Staff recommended discussion of the proposed ordinance and incorporation of any determinations be forwarded to the City Council. Discussion ensued regarding the changes to the proposed ordinance. Ms. McCarty stated her suggested changes were derived from the State Statute definitions. Specific discussion ensued regarding restricting transient merchant sales in residential (R) zones. Mr. Forney suggested that the R -O (Residential -Office) zone be renamed. Mr. Nickle inquired if the permit would have a limited duration and Ms. Little responded the permit would be good for six months. Discussion ensued regarding the $500.00 fine and Ms. McCarty stated the maximum fine would be $500 but it would be the municipal judge's discretion if he wished to reduce the penalty amount. Amendments to the proposed ordinance are as follows: Section 1. Transient Merchant - "...offering for sale or selling goods, wares, merchandise, or services." Section 2. Description - "...and are therefore permitted subject to conditional use permits in all residential districts." Section 5. (1) Permit Required. (b) "...and a fee of $100.00 shall be charged for each permit." Section 6. Exemptions. "The regulations contained herein shall not apply to garage sales, sales at the Farmer's Market, and sales by nonprofit organizations." "Section 7. Penalty. Any violation of the provisions contained herein is deemed a misdemeanor, and upon conviction, shall be subject to: (a.) a fine in the amount of $500.00 for any one specified offense or violation, or double that sum for each repetition of such offense or violation. (b.) If the violation is continuous in respect to time, the fine for allowing the continuance thereof, shall be $250.00 for each day that it may be unlawfully continued." MOTION Mr. Reynolds made a motion to exclude transient merchant sales in residential or "R" zones. Ms. Britton seconded the motion. Upon roll call, motion passed with a vote of 7-2-0. Mr. Allred and Mr. Reynolds voted against the motion. MOTION Mr. Nickle made a motion to approve the proposed ordinance as amended above (see above.) Mr. Head seconded the motion. Upon roll call, the motion passed with a vote of 7-2-0. Mr. Allred and Mr. Reynolds voted against the motion. Ll 5 Planning Commission Minutes March 25, 1996 Page 4 NEW BUSINESS CU96-9 - CRYSTAL SPRINGS SOFTBALL FIELDS CITY OF FAYETTEVILLE - N OF SALEM, N OF MT. COMFORT The next item on the agenda was the conditional use for Crystal Springs Softball Fields submitted by Dale Clark of Park sand Recreation Department on behalf of the City of Fayetteville for property located on north Salem Road, north of Mt. Comfort Road and zoned R-1, Low Density Residential and P-1, Institutional. Pending approval of the conditional use, a large scale development was considered in conjunction with this item. The request was for a women's softball complex which was a use unit 4 - recreational facility in a residential zone. Staff recommended approval of the request subject to the following provisions. 1. 60' high metal halide lights. 2. Waiver of § 160.088 - nonresidential uses in R districts which provides a minimum separation of 200' from the R district to the outdoor lighted area. 3. Limitation of hours of operation to 8:00 a.m. to 11:00 p.m. 4. Compliance with Section 160.195(C) regarding signage, screening, refuse, and service areas. isDiscussion ensued regarding the hours of operation and Mr. Clark stated that the current ordinance provided that all parks closed at 11:00 p.m. Ms. Britton suggested that the lights closest to the "R" zone could be turned off and the final games conducted on the field furthest from the "R" zone and Mr. Clark concurred. Mr. Allred stated he did not think it was a good idea to restrict hours of operation for a particular park if the ordinance provided something different and Mr. Lane responded that staff was in receipt of a letter which stated the target time for closing would be 10:00 p.m. Discussion ensued regarding the similarities and differences between the proposed softball park and the softball park at Wilson Park. Discussion ensued regarding the height of the lights. Ms. Little stated staff would amend their condition of approval to 60' metal halide lights to provide adequate safety for the players (see amended conditions of approval above.) Mr. Odom inquired as to whether or not the 4x8 fence signs previously exempted would affect this project and Ms. Little stated the variance from the sign ordinance would be applicable to this project. MOTION Mr. Head made a motion to approve the conditional use request subject to the lights being 60', the operation hours being 8:00 a.m. until 11:00 p.m., and conditions of approval. Mr. Reynolds seconded the motion. Upon roll call, the motion passed with a unanimous vote of 9-0-0. • LSD96-11 - CRYSTAL SPRINGS SOFTBALL FIELDS CITY OF FAYETTEVILLE - N OF SALEM, N OF MT. COMFORT • Planning Commission Minutes March 25, 1996 Page 5 The next item on the agenda was the large scale development for Crystal Springs Softball Fields submitted by Perry Butcher and Associates and Dale Clark of Parks and Recreation Department on behalf of the City of Fayetteville for property located on north Salem Road, north of Mt. Comfort Road and zoned R-1, Low Density Residential and P- 1, Institutional containing 22.2 acres. Staff recommended approval of the development subject to the following conditions. I . Resolution of lighting issues. 2. Utility and staff requests of the March 5, Technical Plat Review Committee. 3. Staff approval of the final tree preservation/replacement and landscape plan. 4. Construction of a sidewalk along the west side of the property. 5. Improvements to Salem road along the west side of the property, including concrete curb, gutter, and drainage to match the improvements to the north at the new elementary school. 6. Staff approval of the detailed plans, specifications, and calculations for the water and sewer lines, street plans, and the "final" grading and drainage. Water lines shall include all fire hydrants as requested. Water and sewer • easements shall be 20 feet minimum width and tree will not be allowed within the water, sewer, or utility easements. Mr. Clark stated they would comply with the conditions of approval as set forth above. Mr. Odom inquired regarding the planting of trees in the easements. Mr. Beavers stated this was standard procedure and it resulted from efforts to avoid problems working in the easement. Further he stated it was not City policy to provide replacement plantings for landscaping removed for line maintenance. Ms. Little stated this was a change in policy because prior large scale developments incorporated landscaping within the easement. Further she stated the parking lot ordinance and overlay screening requirements provide landscaping within the easement area. She noted sewer lines are now required to be located along the front of the property. Mr. Clark noted the only problem this might create regarding the subject project was the sewer line located at the west of property. Mr. Nickle stated this was a case for an exception to no landscaping within the easement. Mr. Clark stated they would screening along Salem. Mr. Beavers concurred and stated staff would agree to allow landscaping within the easement. MOTION Mr. Allred made a motion to approve the large scale development subject to conditions of approval (see above.) Specifically, he directed staff to work out condition number six. Mr. Nickle seconded the motion. Upon roll call, the motion passed with a unanimous vote of 9-0-0. • 000 • Planning Commission Minutes March 25, 1996 Page 6 LSD96-13 - NELMS AUTO PLAZA DEVELOPMENT CONSULTANTS - BETWEEN HIGHWAYS 71 AND 112 The next item on the agenda was the large scale development for Nelms Auto Plaza submitted by Development Consultants on behalf of Don and Millie Nelms for property located between Highways 71 and 112, south of 112 Drive In and zoned C-2, Thoroughfare Commercial containing 16.56 acres in phase one and 33.38 total acreage. Staff recommended approval subject to the following conditions. 1. Approval of the waiver requests for (a) landscaping in front of the display area and (b) sidewalks along Highway 112. 2. Staff approval of the final tree preservation/replacement and landscaping plans. 3. Staff approval of a final parking lot plan. 4. Approval of the proposed lighting for the facility. Staff requested 35' maximum light height same being directed downward. 5. Warranty Deed for the dedication of additional right of way for state Highway 112 to provide a minimum of fifty feet from the centerline of Highway 112. • 6. Staff approval of the detailed plans, specifications and calculations for the water and sewer lines, street plans, and the "final" grading and drainage. Any streets, including the private drive shown as the entrance from Highway 112, will be designed and constructed in accordance with the current City street and drainage requirements, including the City's "Chapter 6, Pavement Design." DCI has indicated that the private drive may be dedicated as a public street in the future. Water lines shall include fire hydrants as requested by the Fire Chief. 7. An agreement that the developer will provide a sidewalk along one side of any private street or drive, prior to that street or drive being accepted by the City as a public street. 8. Water and sewer easements shall be 20' minimum width. Tree and water features are not allowed within the water, sewer or utility easements. 9. The owner shall execute a letter of agreement stating that he understands that the City is not responsibility to repair or replace any surface or feature (other than normal asphalt concrete pavement and grass) including special paving, landscaping, or trees within an easement due to the City's normal maintenance or repair work on any water and/or sewer line or appurtenance. 10. Resolution of the discrepancy between the developer's boundary survey and the survey records on file at the City. 11. Easement for utilities as requested at Technical Plat Review of March 5, 1996. • Mr. Nelms stated he was not in agreement with condition of approval numbers IA and IB. Regarding IA, he stated his position was that display area was not a parking lot which should be screened. Regarding I B, he stated the • Planning Commission Minutes March 25, 1996 Page 7 sidewalk would create a safety problem for pedestrians as well as security problem for the dealership Mr. Bone explained the discrepancy regarding the survey. In response to inquiries by Ms. Johnson, Mr. Beavers stated the survey issue (condition #10) and the easement issue (condition #8) had been resolved. Discussion ensued regarding condition #1. Ms. Little stated the screening waiver had been requested for the areas along Highway 71 and Highway 112. She stated supplemental information had been distributed regarding landscape and sidewalk issues. Regarding the sidewalk waiver, staff recommended that the applicant construct a 5' sidewalk along Highway 112 and a 5' sidewalk along one side of the proposed private drive. Further, she noted that 71.3% of the subject property would be paved or built upon. Regarding the landscape waiver, Ms. Sandeen stated the tree preservation requirement had been met and a 25' green space along the right of way had been provided according to the overlay district requirements. She stated staff would not support a waiver for the, "one tree per 30 linear feet" along portions of Highway 112 where the used car display area is proposed, and further staff would not support a waiver of the l tree per 30 feet along Highway 71. Ms. Sandeen stated the employee and customer parking lots had met the overlay district requirements for interior landscaping and staff would support the requested waiver for the mature tree height of 60' and allow the developer to plant evergreen tree species such as American Holly or Foster Holly. She stated it was her understanding and staff would support an agreement with the Arkansas Highway and Transportation Department under the "Adopt -a - Spot" program to allow planting of trees in the right of way. Mr. Ray stated he had contacted the AHTD and had • been informed that they would not allow trees to be planted in the right of way. Intense discussion ensued regarding the requested waivers. Mr. Odom stated he felt the screening requirement placed an undue burden on the developer. Mr. Nelms stated that the display area was his best way to attract business. He further noted he had attempted to compromise with the grouping of trees at the comers and the interior landscaping proposal. Mr. Nelms stated he had complied with the number of trees but he wanted to provide a more natural setting by clustering them in groups concentrated at the comer of the property. Discussion ensued regarding the topography in the area. Discussion ensued regarding public hearings held for overlay district ordinance. Ms. Little stated discussions had ensued regarding businesses which require outside display areas and the exemption which these businesses were provided was that interior landscaping would not be required but the perimeter landscaping was left in place at one tree per 30 linear feet of frontage. In response to a inquiry from Mr. Forney, Ms. Little clarified that this exemption applied to all businesses requiring outdoor display area parking for sales. Discussion ensued regarding the construction of the sidewalk along Highway 112 and the recommendation for construction of a sidewalk along one side of the private drive. Ms. Little noted a sidewalk had been required when a manufacturer in the subject area had applied for a building permit. Mr. Nelms stated he would construct a sidewalk along the private drive but he opposed a sidewalk along Highway 112. Further discussion ensued regarding the location of the sidewalk along Highway 112. Ms. Little stated it would feasible to construct the sidewalk in the street right of way. 0 • Planning Commission Minutes March 25, 1996 Page 8 MOTION Mr. Allred made a motion to approve the large scale development subject to staff comments including granting the wavier of landscaping in the display area (condition # 1 A), waiving the sidewalk along Highway 112 but requiring sidewalk on both sides of the interior private street. Mr. Head seconded the motion. Upon roll call, the motion failed with a vote of 3-6-0. Ms. Johnson, Mr. Forney, Mr. Harbison, Mr. Odom, Mr. Nickle, and Ms. Britton voted against the motion. MOTION Mr. Odom made a motion to postpone further consideration until the April 8, 1996, Planning Commission Meeting. Mr. Harbison seconded the motion. Upon roll call, the motion passed with a vote of 5-4-0. Ms. Johnson, Mr. Head, Mr. Allred, and Mr. Reynolds voted against the motion. • 0 • Planning Commission Minutes March 25, 1996 Page 9 LSD96-6 - DON COZART NORTHWEST ENGINEERS - NE CRN OF MISSION AND CROSSOVER The next item on the agenda was the large scale development for Don Cozart submitted by Northwest Engineers on behalf of Don Cozart for a convenience store/restaurant on property located at the northeast comer of Mission Boulevard and Crossover Road. The property is zoned C- 1, Neighborhood Commercial and contains 1.23 acres. Staff recommended approval of the large scale development subject to the following conditions. 1. Resolution of the number of pump islands allowed. 2. Approval of the final tree replacement and landscaping plans. 3. Approval of a final parking lot plan. 4. Warranty Deed for dedication of additional right of way for state Highway 265 and 45 as shown on the plan. 5. Final approval of the detailed plans, specifications, and calculations for the grading and drainage including retaining walls and AASHTO and SSBC requirements for the guardrails. • 6. One additional fire hydrant on Highway 45 as shown on the plan. 7. Dedication of 20' utility easements along Highways 265 and 45. 8. Execution of a letter agreement providing the City is not responsible for repair or replacement of any surface, landscaping, or trees within an easement due to normal maintenance or repair work on any water and/or sewer line or appurtenance. 9. Easements and crossing for utilities and street lights as requested at Technical Plat Review on February 20, 1996. Ms. Johnson noted the major issue to be addressed was the number of pumps. Mr. Gray stated the developer was in agreement with all conditions of approval with the exception of # 1. Ms. Johnson noted Ms. Sandeen had supplied supplemental information. Ms. Sandeen stated that all trees were removed from the subject site prior to the submittal of the preliminary plat and therefore 20% of the tree canopy was required to be replaced with a total of 11 large growing species of tree with a minimum caliper of 34" at the time of planting. Further she stated a letter of credit would be accepted for 150% of the cost to provide the cost of plant material and installation of same. She recommended a minimum of 400 square feet of permeable growing area per tree be provided and, due to 80% of the site being paved, approval of a waiver of the landscaping requirement for permeable surface would be required. Regarding the retaining wall along the east property line, Ms. Sandeen recommended a combination of vegetation and guard rail. • Mr. Cozart agreed to provide the letter of credit and Ms. Little noted same should include 150% of the cost of constructing a 5' sidewalk. • Planning Commission Minutes March 25, 1996 Page 10 Discussion ensued regarding the waiver for 400 square feet of permeable growing area per tree. Mr. Allred stated these concerns should have been addressed and resolved at Subdivision Committee meeting. Mr. Gray inquired if the trees could be planted on the adjoining property to the east to meet the screening requirements and Ms. Britton noted that a sewer line was at that location and therefore no trees could be planted at that location. Discussion ensued. Ms. Little expressed concern regarding the site coverage and the effect it would have on circulation. She noted the spacing between the five pumps was greater than normal to facilitate circulation but she stated she would favor reduction in the size of the restaurant. Further she stated she understood the developers desire to provide for the growth in the subject area but she stated it was her opinion the site was being over utilized. Mr. Ezell with Northwest Oil Company explained the more pumps at the location the faster cars would be able to fuel and the better traffic would flow. He stated the height of the canopy would be 14'6" and diesel fuel would be dispensed at the northernmost pump only. Mr. Nickle stated there had been discussion to allow only 4 pumps. He expressed concern regarding the perimeter circulation. Discussion ensued regarding whether to allow 4 or 5 pumps. Mr. Cozart stated he had provided additional information to the Subdivision Committee and the planning staff regarding the theory behind providing 5 pumps and it was his understanding that the issues had been agreed upon. Intense discussion ensued. Mr. Forney inquired regarding the 100 year flood plane in the area and Ms. Little explained the area would be elevated and protected from flooding. • MOTION Mr. Reynolds made a motion to approve the large scale development with 5 pumps and providing the authority to the landscape administrator to resolve the landscape issues. Mr. Head seconded the motion. Upon roll call, the motion failed with a vote of 4-5-0. Ms. Johnson, Mr. Forney, Mr. Harbison, Mr. Nickle, and Ms. Britton voted against the motion. Discussion ensued regarding whether or not to allow only 4 pumps and whether or not a landscape plan should be required. iuL� 17�i Ci7u In light of the presentation of supplemental information, Mr. Odom made a motion to postpone further discussion of the subject large scale development. Mr. Nickle seconded the motion. Upon roll call, the motion passed with a vote of 6-3-0. Mr. Head, Mr. Allred, and Mr. Reynolds voted against the motion. 0 • Planning Commission Minutes March 25, 1996 Page 11 LSD96-12 - FIRST PENTECOSTAL CHURCH MILHOLLAND ENGINEERING - W OF MORNINGSIDE, N OF 15TH The next item on the agenda was the large scale development for First Pentecostal Church of God submitted by Mitholland Engineering on behalf of the First Pentecostal Church for property location west of Momingside drive, north of East 15th Street. The property is zoned R-2, Residential Medium Density and contains 3.20 acres, more or less. Staff recommended approval subject to the following conditions. 1. Resolution of (a) landscape screening along adjacent R -I property to the west and (b) construction of sidewalks along Highway 16 and along Momingside. 2. Installation of a fire line prior to issuance of a building permit for expansion. 3. Staff approval of tree preservation/replacement plan, landscaping plan, and parking lot plan. 4. Agreement to accept a Bill of Assurance from the Church to make improvements to Momingside Drive, including street, drainage, and sidewalks, and sidewalks along Highway 16, within 18 months after a certificate of occupancy is issued for the building expansion. • 5. Staff approval of the detailed plans, specification, and calculations for the water lines, street plans, and the "final" grading drainage. Any street improvements will be designed and constructed in accordance with the current City requirements. Water lines shall include all fire hydrants as requested by the Fire Chief. 6. Water and sewer easements shall be 20 feet minimum width. Tree will not be allowed within the water, sewer or utility easements. 7. Easements and crossing for utilities and street lights as requested at Technical Plat Review of March 5, 1996. Ms. Little stated the applicant was requesting two waivers, i.e., one for landscaping along the western property line and the other for sidewalk construction. Mr. Milholland stated he was in agreement with conditions of approval # 2 through #7. Ms. Britton inquired as to whether or not waivers for landscaping and sidewalks had been granted to other churches which were developed in the area and Ms. Little responded they have been granted additional time to construct sidewalks. Ms. Johnson inquired as to the whether or not the requested fire water line was in place. Discussion ensued and Mr. Beavers noted that no building permit would be issued until this condition was met. Iu [i11113iL`I . Mr. Nickle made a motion to approve the large scale development subject to all conditions of approval, specifically, that screening be required at the west property line and that sidewalks be constructed along Highway 16 and along Morningside. • Planning Commission Minutes March 25, 1996 Page 12 Mr. Forney seconded the motion. Upon roll call, the motion passed with a unanimous vote of 9-0-0. • • • Planning Commission Minutes March 25, 1996 Page 13 LS96-3 - TRAVIS AND ANITA ULRICH SUSAN TODD - W OF 54TH, S OF TACKETT The last item on the agenda was the lot split submitted by Travis and Anita Ulrich on behalf of Susan Todd for property located west of 54th Street, south of Tackett Drive and zoned A-1, Agricultural. The split is the result of a probate court order to settle a trust. Staff recommends approval subject to the following condition. Approval of a rezoning request for Tract B from A -I to R-1. The applicant stated they were in agreement with the condition of approval. MOTION Mr. Head made a motion to approve the lot split. Mr. Odom seconded the motion. Upon roll call, the motion passed with a vote of 8-0-1. Mr. Forney abstained. • 40 • Planning Commission Minutes March 25, 1996 Page 14 APPOINTMENT OF THE NOMINATING COMMITTEE As provided under the Commission's Bylaws, Ms. Johnson appointed the Nominating Committee as follows: Gary Head, chair Bob Reynolds John Harbison Ms. Johnson directed the Nominating Committee to meet prior to the commission meeting and bring forward the names of the members nominated to fill the vacancies on the Subdivision Committee which occurred due to the retirement of Commissioners Britton and Nickle. OTHER BUSINESS Ms. Little stated a memo had been distributed regarding the Planning Commission Training Session which had been scheduled for April 4, 1996 immediately after the Commission's regular agenda session/tour. Ms. Johns requested that the commissioners bring last year's material with them in order to provide the necessary updated material. Mr. Harbison stated the Unified Development Committee meeting was scheduled to meet on Monday, April 1, 1996 at 5:30 p.m. He stated this would be an organizational meeting. The meeting adjourned at 9:25 p.m • CI