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HomeMy WebLinkAbout1996-04-08 Minutes1 _r 10 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on April 8, 1996 at 5:30 p.m. in the City Administration Building, 113 West Mountain, Room 219, Fayetteville, Arkansas. MEMBERS PRESENT: Phyllis Johnson, Jerry Allred, Bob Reynolds, John Forney, John Harbison, Gary Head, Mark Sugg, Gary Tucker, and Conrad Odom STAFF PRESENT: Alett Little, Jim Beavers, Rich Lane, Beth Sandeen, and Janet Johns NOMINATIONS/ELECTION OF PLANNING COMMISSION OFFICERS Mr. Head presented the slate of officers as follows: Phyllis Johnson, Chair Jerry Allred, Vice Chair Bob Reynolds, Secretary Ms. Johnson requested nominations from the floor. None were made. MOTION Mr. Forney made a motion to nominate Ms. Johnson for Chair. Mr. Head seconded the motion. By acclamation, Ms. Johnson was elected Chair. MOTION Mr. Head made a motion to nominate Mr. Allred for Vice Chair. Mr. Harbison seconded the motion. By acclamation, Mr. Allred was elected Vice Chair. MOTION Mr. Head made a motion to nominate Mr. Reynolds for Secretary. Mr. Odom seconded the motion. By acclamation, Mr. Reynolds was elected Secretary. • Planning Commission Minutes April 8, 1996 Page 2 WOW APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING MARCH 25, 1996 Minutes were approved as distributed. LSD96-7 - DON COZART NORTHWEST ENGINEERS - N OF MISSION, E OF CROSSOVER, W OF BOX (PP372) The next item on the consent agenda was the large scale development for Don Cozart submitted by Northwest Engineers on behalf of Don Cozart for property located north of Mission Boulevard, east of Crossover Road, and west of Box Avenue. The property contains 1.23 acres and is zoned C-1, Neighborhood Commercial and the proposed development includes a convenience store and fast food restaurant. The large scale development was heard at the following meetings prior to planning commission: Plat Review on March 5, 1996; Subdivision Committee March 14, 1996; Planning Commission on March 25, 1996; and, Subdivision Committee on March 28, 1996. Staff recommended approval subject to the following conditions: Is I . Approval of a final tree replacement and landscaping plan. The plan shall include trees for screening and trees/landscaping of the development as requested by the City's Landscape Administrator. Due to the scheduled widening of State Highways 265 and 45 in late 1996, the landscaping which conflicts with the Highway Department construction should be postponed until after the highway improvements are made. A one-year letter or credit or cash bond is requested for delay of landscaping. 2. Approval of a final parking lot plan. 3. Dedication of additional right of way for state Highway 265 and 45 as shown on the proposed large scale development plan. Staff requests a warranty deed for this right of way. 4. Staff approval of the detailed plans, specifications, and calculations where applicable for all public improvements including sidewalks, water, sewer, streets, and drainage. Sidewalks shall comply with existing ordinances and meet all ADA requirements. All water line improvements shall be designed and constructed in accordance with the City of Fayetteville Standard Water Line Specifications, furnished December, 1995. Sanitary sewer shall be designed and constructed in accordance with the City of Fayetteville Engineering criteria furnished June 3, 1994. The street designs shall be in accordance with the City of Fayetteville's, "Chapter 6, Pavement Design," pavement design standards, page 1-7, which adopts the AASHTO guide for the design of pavement structures. This information was mailed to all local engineers, architects, and pavements contractors of November 21, 1995. Drainage and grading shall meet existing City ordinances. The retaining wall shall include guard walls/rails in compliance with AASHTO and SSBC code requirements. 5. One additional fire hydrant on Highway 45 as shown on the proposed LSD plan. • 6. Increase the proposed utility easement along Highways 265 and 45 from 15 feet to 20 feet. 7. The Owner shall execute a letter of agreement stating that he understands that the City is not responsibility • Planning Commission Minutes April 8, 1996 Page 3 to replace any surface (other than normal asphalt or concrete pavement and grass), landscaping or tree within any easement due to the City's normal maintenance or repair work on any water and/or sewer line or appurtenance. Easements and crossing for utilities and street lights as requested at Technical Plat review. A copy of the developer's acceptance of the conditions of approval is on file. MOTION Mr. Forney made a motion to approve the Consent Agenda. Mr. Harbison seconded the motion. Upon roll call, the motion passed with a unanimous vote of 9-0-0. 11 • • Planning Commission Minutes April 8, 1996 Page 4 LS96-2 - SAM MATHIAS JORGENSEN ENGINEERS - SE CORNER OF COLLEGE AND HAROLD (PP252) The next item on the Consent Agenda was the lot split submitted by Jorgensen Engineers on behalf of Sam Mathias for property located at the southeast corner of North College and Harold Street. The property is zoned C-2 Thoroughfare Commercial and contains 7.95 acres total and the request is to split off a 2.19 acre lot. Staff recommended approval of the lot split subject to the approval of LSD96-8 (see below.) A copy of the developer's acceptance of the conditions of approval is on file. LSD96-8 - MARKET COURT SAM MATHIAS - SE CORNER OF COLLEGE AND HAROLD The next item on the Consent Agenda was the large scale development for Market Court submitted by Jorgensen Engineers on behalf of Sam Mathias for property located at the southeast comer of North College and Harold Streets. The property is zoned C-2 Thoroughfare Commercial and contains 2.19 acres. Staff recommended approval of the large scale development subject to the following conditions: 1. Improvements to the adjacent one-half of Harold Street, including width to 15.5 feet from the centerline, • drainage, curb and gutter for the length of the proposed development along Harold Street and a transition to the east past the off site entrance as shown on Jorgensen's drawing dated March 28, 1996. 2. Staff approval of the detailed plans, specifications, and calculations where applicable for all public improvements including sidewalks, water, sewer, streets, and drainage. Sidewalks shall comply with existing ordinances and meet all ADA requirements. All water line improvements shall be designed and constructed in accordance with the City of Fayetteville Standard Water Line Specifications, furnished December, 1995. Sanitary sewer shall be designed and constructed in accordance with the City of Fayetteville Engineering criteria furnished June 3, 1994. The street designs shall be in accordance with the City of Fayetteville's "Chapter 6 Pavement Design", pavement design standards, page 1-7, which adopts the AASHTO guide for the design of pavement structures. This information was mailed to all local engineers, architects, and pavement contractors on November 21, 1995. Drainage and grading shall meet existing City ordinances, i.e. Stormwater Management; Drainage and Erosion Control; and, Physical Alteration of Land. 3. Approval of a final parking lot plan 4. The Owner shall execute a letter of agreement stating that he understands that the City is not responsibility to repair or replace any surface (other than normal asphalt or concrete pavement and grass,) 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. 5. Easements and crossing for utilities as requested at Technical Plat Review on March 5, 1996. 6. Approval of lot split 96-2. 0 A copy of the developer's acceptance of the conditions of approval is on file. • Planning Commission Minutes April 8, 1996 Page 5 FuRewmik Mr. Forney made a motion to approve the Consent Agenda. Mr. Harbison seconded the motion. Upon roll call, the motion passed with a unanimous vote of 9-0-0. r 1 CI • Planning Commission Minutes April 8, 1996 Page 6 LSD96-9 - CARL CARPENTER MINI STORAGE NORTHWEST ENGINEERS - S OF 15TH9 E OF S SCHOOL (PP601) The next item on the Consent Agenda was the large scale development for Carl Carpenter Mini Storage submitted by Northwest Engineers on behalf of Carl Carpenter for property located south of 15th Street and east of South School Avenue. The property is zoned 1-1, Light Industrial and the proposal is to develop two additional mini storage buildings. Staff recommended approval of the large scale development subject to the following conditions: 1. The sidewalk remaining from phase one (existing mini storage buildings) shall be constructed as part of the proposed additional development. The City is in receipt of a cashiers check (April 1, 1996) in the amount of $1,200.00 (150% of the estimated construction cost.) 2. After LSD approval, but prior to a certificate of occupancy, three sanitary sewer manholes which were covered with fill in phase one shall be rebuilt. The City shall cost share this construction as determined by the Water and Sewer Superintendent. 3. Landscaping/trees/screening per requirements and as approved by the City's Landscape Administrator. This requirement shall include phase I and phase 2 and shall be completed to the satisfaction of the Landscape Administrator prior to a certificate of occupancy. • 4. Approval of a fmal grading and drainage plan. 5. Comments from Technical Plat Review of March 5, 1996. A copy of the developer's acceptance of the conditions of approval is on file. MOTION Mr. Forney made a motion to approve the Consent Agenda. Mr. Harbison seconded the motion. Upon roll call, the motion passed with a unanimous vote of 9-0-0. 40 • Planning Commission Minutes April 8, 1996 Page 7 PP96-2 - WESTFIELD ADDITION TIM AND JENNIFER MOORE - CRN OF VELMA & LIERLY NW OF SALEM (PP244) The next item on the Consent Agenda was the preliminary plat of Westfield Addition submitted by Northwest Engineers on behalf of Tim and Jennifer Moore for property located at the comer of Velma and Lierly Lane which is northwest of Salem Road The subdivision is in the county and contains 12 proposed lots on 23 acres. Staff recommended approval of the preliminary plat subject to the following: 1. Staff approval of the detailed plans, specifications, and calculations where applicable for public improvement. All water line improvements shall be designed and constructed in accordance with the City of Fayetteville Standard Water Line Specifications, furnished December, 1995. The street designs shall be in accordance with the County regulations. Drainage shall meet existing City ordinances for Stormwater management, drainage, and erosion control. 2. Fire protection (fire hydrants) shall not be included with this project. The final plat shall include a statement that fire protection will not be provided by the City of Fayetteville. 3. Easements and crossing for utilities as requested at Technical Plat review on March 19, 1996. 4. There shall be no plumbing permits or usage of the new water lines prior to final plat approval by the City. isMr. Bradford White, a resident on Mt. Comfort Road, was present and inquired regarding street issues. Ms. Little referred him to County Planning. MOTION Mr. Forney made a motion to approve the Consent Agenda. Mr. Harbison seconded the motion. Upon roll call, the motion passed with a unanimous vote of 9-0-0. 0 • Planning Commission Minutes April 8, 1996 Page 8 VA96-5 - C.W. COMBS NORTHWEST ENGINEERS - LOT 94, SEQUOYAH MEADOWS, PH Il (PP610) The next item on the agenda was the utility easement vacation submitted by Northwest Engineers on behalf of C.W. Combs for a 20' utility easement across lot 94 of Sequoyah Meadows, Phase Il. Staff recommended approval. MOTION Mr. Forney made a motion to approve the Consent Agenda. Mr. Harbison seconded the motion. Upon roll call, the motion passed with a unanimous vote of 9-0-0. • • r7l • Planning Commission Minutes April 8, 1996 Page 9 VA96-6 - COUNCIL ON AGING CITY OF FAYETTEVILLE - W OF S COLLEGE, N OF WALKER (PP562) The next item on the consent agenda was the right of way and easement vacation submitted by Daryl Rantis for the Council on Aging. The requested right of way and easement vacation are for the platted, but not constructed, Henry Walker Drive and associated utility easements located west of South College Avenue and north of Walker Park. A "Senior Center" is proposed for the site. Staff recommended approval subject to the proposed development's submission of large scale development approval and conditions associated with those requirements. MOTION Mr. Forney made a motion to approved the Consent Agenda Mr. Harbison seconded the motion Upon roll call, the motion passed with a unanimous vote of 9-0-0. r1 U 11 I9 • Planning Commission Minutes April 8, 1996 Page 10 OLD BUSINESS LSD96-13 - NELMS AUTO PLAZA DCI ENGINEERS - BETWEEN HWY 71 AND HWY 112 The next item on the agenda was the large scale development for Nelms Auto Plaza as submitted by Development Consultants (DCI) for Don and Millie Nelms for property located east of State Highway 112 and north of U.S. Highway 71. The proposed development contains 16.56 acres in phase and the total acreage equals 33.38 acres. The property is zoned C-2, Thoroughfare Commercial. The majority of the site is within the "Overlay District." Staff recommended approval subject to the following conditions: I. Resolution by the Planning Commission of requested waivers for landscape screening of the display surfaces and sidewalks along Highway 112. 2. Staff approval of a final tree preservation/replacement and landscaping plan. 3. Staff approval of a final parking lot plan. 4. Approval of the proposed lighting for the facility. Staff requested a 35' maximum height and lighting directed downward. • 5. The dedication of additional right of way for state Highway 112 to provide a minimum of 50' from the centerline of Highway 112 as shown on the proposed LSD plan. Staff requested a warranty deed for this right of way. 6. Staff approval of the detailed plans, specifications, and calculation where applicable for all public improvements including sidewalks, water, sewer, grading, and drainage. Sidewalks shall comply with existing ordinances and meet all ADA requirements. All water line improvements shall be designed and constructed in accordance with the City of Fayetteville Standard Water Line Specifications, furnished in December, 1995. Water lines shall be include all fire hydrants as requested by the Fire Chief. Sanitary sewer shall be designed and constructed in accordance with the City of Fayetteville Engineering criteria furnished in June 3, 1994 and water and sewer easements shall be 20' minimum in width. The street designs shall be in accordance with the City of Fayetteville's pavement design standards which adopts the AASHTO guide for the design of pavement structures. The information was mailed to all local engineers, architects and pavement contracts on November 21, 1995. 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. DCI has indicated that the private drive as proposed may be dedicated as a public street in the future. Drainage and grading shall meet existing City ordinance. Tree and water features shall not be allowed within the water, sewer, or utility easements. An agreement that the developer will provide a sidewalk along the south side of the proposed private street/drive as a part of this LSD. The developer will provide a sidewalk along the north side prior to that street/drive being accepted by the City as a public street. 8. The owner shall execute a letter of agreement stating that he understands that the City is not responsible to repair or replace any surface of feature (other than normal asphalt or 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. • Planning Commission Minutes April 8, 1996 Page 11 9. Easements for utilities as requested at Technical Plat review on March 5, 1996. Discussion ensued regarding the conditions of approval. Mr. Nelms accepted conditions #2 through 99 as delineated above. Discussion ensued regarding the request for sidewalk waiver. Mr. Nelms stated he was unable to provide the requested letter stating that the Arkansas State Highway and Transportation Department would not allow a sidewalk along Highway 112. He stated he would submit a construction plan for the sidewalk to AHTD and if they would approve the plan, he would construct the sidewalk if the amount of construction was less than 150% of constructing a normal sidewalk. Further, Mr. Nelms requested an automatic waiver if the plan was not accepted by the AHTD. Intense discussion ensued. Ms. Johnson requested that Mr. Nelms submit a plan to AHTD and build the sidewalk. Further, she stated that in the event the AHTD's approval of the sidewalk was particularly onerous, Mr. Nelms would come back to the commission and request a waiver at that time. Discussion ensued regarding the requested landscape waiver. Ms. Johnson directed staff to include an informational letter distributed to the Planning Commission as a part of the official minutes (see item number one in the addendum section at the back of the minute book) wherein Mr. Nelms presented data supporting his waiver of landscaping requirements to allow direct visibility instead of obscuring visibility. • Mr. Ray presented a more detailed and more aesthetic plan as well as a plan depicting landscaping as required under the overlay district regulations. Mr. Sugg inquired as to the total amount of green space acreage and Mr. Ray explained his calculations and stated the total amount of green space along the frontage was 26,000 square feet. Mr. Sugg inquired as to the location of the loading areas and Mr. Nelms stated there were no loading docks per say and that vehicle delivery usually occurred at night. Mr. Sugg inquired regarding the internal landscaping and Mr. Ray explained they would provide internal landscaping for the employee and visitor parking areas but not for the display lots. On a point of order, Mr. Harbison requested a determination as to whether or not a waiver would be granted. MOTION Mr. Head made a motion to grant the waiver. Mr. Reynolds seconded the motion. Upon roll call, the motion passed with a vote of 9-0-0. Mr. Young inquired regarding condition of approval number six (see above) and Mr. Beavers stated the subject private drive would be inspected and tested to meet city street standards. • Ms. Johnson stated the waiver had been granted pursuant to §160.048 (G)(1)(a). Discussion ensued regarding the hardships with which the developer was faced. Ms. Johnson noted that the subject property was bounded on three sides by highways, and, the site, in some places, sat 30' below the highway grade. • Planning Commission Minutes April 8, 1996 Page 12 Ms. Johnson read from the supplemental report furnished to her from Ms. Sandeen as follows: "The following statement should further clarify the last section of the Summary for LSD96-13 Nelms Auto Plaza, found in your agenda on page 9.9: ...Under Plan "B" the developer proposes to transfer some of the required greenspace trees to Arkansas Highway Transportation Department (AHTD) property along the east side of the entire Nelms property. The eastern portion of the Nelms property will not be developed under this large scale development. If this portion of the Nelms property is developed in the future, however, greenspace requirements must still be met. The transfer of greenspace trees in property "B" will not satisfy any future requirements with respect to this eastern portion of the Nelms property." Mr. Odom noted that under current policy, it was a hardship for the developer to provide the required landscaping without being allowed to plant within the easements. Discussion ensued regarding the landscape plan presented as Option B. Ms. Johnson noted the plan depicted trees in the southeast section which were included as a part of the this phase of development. She informed the developer that those trees could not be included when subsequent phases came forward. FUTO 1T Wo Mr. Allred made a motion to accept option B as the landscape plank. • Mr. Reynolds seconded the motion. Upon roll call, the motion passed with a vote of 7-2-0. Mr. Sugg and Mr. Tucker voted against the motion. Discussion ensued regarding the fence along the perimeter of the property in the highway right of way. Mr. Nelms stated the majority of the fence was not included in his property boundaries with the exception of one area and he assured the commission if the fence was to remain or it the fence was taken down and re -erected that he would not use chain link. Ms. Sandeen noted she had been in contact with the Adopt A Spot program and preliminary approval had been granted for adoption of the area near the subject property. Mr. Allred made a motion to approve the large scale development subject to the conditions of approval. Mr. Odom seconded the motion. Upon roll call, the motion passed with a vote of 8-1-0. Mr. Sugg voted against the motion. 11 Cqi elih-- ELM a©a©oo a e.h ,w M e n u 4ott) o H-8-9(0 —P.C, atirci a5&oou�— 2781 NORTH COLLEGE • FAYETTEVILLE, ARKANSAS 72703 PHONE (501) 521-3813 &0den6U.kn1 We are presenting an alternative plan to the one prescribed by the Overlay Ordinance. It would have additional landscaping and more trees than the ordinance asks for. It is a plan that we believe would be more aesthetically pleasing, while at the same time, accommodate our concerns concerning the proximity of trees to our new car inventory. We are asking for a waiver of the portion of the Overlay Ordinance that states there should be 1 tree for every 30 feet along the highway frontage. The 2 reasons for this waiver are as follows: 1. An automobile dealership represents an unusual business situation from the standpoint that it is extremely important that the motoring public be able to visually connect with the displayed automobiles. This point is made very clear by a composite of four J.D. Power surveys of our customers. When our customers were asked "Where did you learn of the dealer from which you purchased your new Honda?", they replied as follows: 36-47% Drove by and saw the car or sign 25-36% Friend & Relative 25% Previous Customer** 14% Advertising (TV, radio, direct mail, yellow pages, other) Other ** Some surveys did not ask this question. When they didn't, the Friend & Relative figures were higher. The variation represents the difference between the highest to the lowest numbers of each question on the four different surveys. , advertising only accounts for 14% you can see how crucial location and visibility is. It is obvious from the statistics how important it is to have a visual connection between the customers cars and signs. When all of the 2. The manufacturers and dealers have been confronted with a very serious dilemma in protecting the paint on new cars. When we receive new cars from the factory, some of the cars have been painted within 3 days and most of the time within 7 or 8 days. The condition of the paint is best Wo described as green and is the most susceptible to damage from external contaminants in the first 60 days after being manufactured. The external damage can be by many airborne pollutants such as industry fallout or acid rain. One of the most serious contaminates are the chemicals contained in leaves, pine needles, and other organic materials dropped from trees. Basically, the chemicals interact with the clearcoats to tarnish them, as well as in extreme cases, changes the actual physical and chemical composition of the paint and causes a change in color. I have actually seen prints of leaves where it looks like a negative of the leaf itself in the paint. If you will notice when you drive by the old Goff Mcnair building, which is where we detail and clean up our cars, the manufactures are putting plastic covers called wrapguard on all the new cars before shipment. They do this because of the tremendous sensitivity of the paint in its early life. One thing we all would agree upon is that none of us would want a new automobile that has had paint work. Used cars can be damaged in a similar manner, but are significantly less susceptible. For both of the above reasons, we believe that having trees in close proximity of new car display and storage areas would pose a significant operational and financial hardship upon the operations of an automobile dealership. 4V LIST OF CONTINUAL USES FOR 1996 1. ALLTEL MOBIL (CU96-28.00) ALLTEL MOBILE - 150 NW SKYLINE DRIVE (PP486) - CONTINUAL USE FOR A COMMUNICATIONS TOWER (MONOPOLE) WS APPROVED WHEN IT MET ITS CRITERIA. 2. CHURCH OF LATTER DAY SAINTS - NE CORNER OF ARKANSAS AVE. & REAGAN ST. (CU96-29) CONTINUAL USE FOR A STUDENT CENTER AND PARKING LOT WAS APPROVED WHEN IT MET ITS CRITERIA. 3. CLAIBOURNE BASS - ROB SHARP - 21 N. LOCUST AVENUE (CU96-13) CONTINUAL USE FOR A MULTI -FAMILY DWELLING WAS APPROVED WHEN IT MET ITS CRITERIA. 4. CENTRAL EMS - TONY HICKERSON - 645 S. SCHOOL (CU96-11) CONTINUAL USE FOR A RADIO TOWER WAS APPROVED WHEN IT MET ITS CRITERIA. 5. CRYSTAL SPRINGS SOFTBALL FIELDS - CITY OF FAYETTEVILLE - N OF SALEM, N OF MT. COMFORT (CU96-6) CONTINUAL USE FOR A WOMEN'S SOFTBALL COMPLEX WAS APPROVED WHEN IT MET ITS CRITERIA. 6. CARMEN CULLEN - 112 LAFAYETTE (CU96-1) CONTINUAL USE WAS PULLED BY APPLICANT FROM AGENDA. 7. ROBERT EITER - N. HUNTSVILLE RD & E OF STONE BRIDGE RD. (CU96-27.00) CONTINUAL USE (PP528) FOR A DANCE HALL WAS APPROVED ROBERT • EITER CALLED ON 26FEB96 AND CANCELED ANY FURTHER CONTINUAL USE FOR THE DANCE HALL. 8. FAYETTEVILLE SENIOR CENTER - AREA AGENCY ON AGING - 901 S. COLLEGE (CU96-15) CONTINUAL USE FOR A COMMUNITY FACILITY WAS APPROVED WHEN IT MET ITS CRITERIA. 9. GORDON WILKINS - NW CORNER OF MALLY WAGNON & HWY 16E (CU96-21) CONTINUAL USE FOR DUPLEX LOTS IN RESIDENTIAL ZONING WAS APPROVED WHEN IT MET ITS CRITERIA. 10. GUIDO'S NORTH 318 W. DICKSON STREET (CU96-3) CONTINUAL USE FOR A PARKING WAIVER WAS APPROVED UNTIL RESOLUTION OF THE PARKING ISSUE IN THE DICKSON STREET AREA. 11. HABITAT FOR HUMANITY SHAKELFORD - N OF FIFTH ST. & W OF HAPPY HOLLOW RD. & WARREN BEARD - S OF THE E -W SECTION OF HANSHEW RD. (CU96-19.00 & CU96-20.00) CONTINUAL USE FOR A TWO TANDEM LOTS WAS APPROVED WHEN IT MET ITS CRITERIA. 12. FRANCIS HOLCOMB - DON GINGER -531 N WASHINGTON (CU96-12) CONTINUAL USE FOR CONSTRUCTION OF A DETACHED SECOND DWELLING WAS APPROVED WHEN IT MET ITS CRITERIA. 13. DR.. LUKE KNOX - MARTIAL ART STUDIO - E. OF CROSSOVER, S OF JOYCE (CU96-42) CONTINUAL USE FOR A MARTIAL ART STUDIO WAS TO BE HEARD AGAIN WHEN IT MET ITS CRITERIA. REQUEST WAS DENIED ON • 8 JAN 96. 14. R.J. MERRYSHIP - RICHARD ALEXANDER - 730 MISSION BLVD (CU96-10) �- CONTINUAL USE FOR A DUPLEX WAS WITHDRAWN BY APPLICANT. 15. THOMAS AND KAYLE MUGG - DAY CARE FACILITY ON GREENWOOD, S HWY 71 BYPASS, W OF S SCHOOL (CU96-16.00) CONTINUAL USE FOR A HOME OCCUPATION FOR A DAY CARE FACILITY WAS APPROVED WHEN IT MET ITS CRITERIA. 16. RABEN MEDICAL BUILDING - PERRY BUTCHER & ASSOC - MILLSAP (CU96-14) CONTINUAL USE FOR A PARKING WAIVER WAS DENIED. MOTION FOR 30 PARKING SPACES WAS PASSED UNANIMOUS VOTE OF 7-0-0. 17. RICHARD SHEWMAKER - S OF DICKSON AND W OF GREGG ST. (CU96-25.00) CONTINUAL USE TO ALLOW FOR A DANCE HALL WAS APPROVED WHEN IT MET ITS CRITERIA. 18. ROBERT MCNEESE - S OF LAFAYETTE AND E OF WEST AVE (CU96-25.00) CONDITIONAL USE TO ALLOW AN EATING PLACE IN AN R -O WAS APPROVED FOR ONE YEAR ONLY ON 9 SEP 96, IF THERE WERE MAJOR COMPLAINTS FROM NEIGHBORS DURING THAT TIME THEY WOULD REVIEW IT AFTER ONE YEAR, 19. ROSEANNE LEVERICH - S OF TRUST AND E OF ASSEMBLY (CU96-22.00) CONTINUAL USE FOR HOME OCCUPATION FOR CHILD CARE WAS APPROVED WITH THE BEING FROM 6:OOAM - 6:00 PM. 20. GARY SCARBOROUGH -601 LINDELL (CU96-7) CONTINUAL USE FOR A PROFESSIONAL OFFICE IN AN R-3 ZONE WAS APPROVED WHEN IT MET ITS CRITERIA ON 12 FEB 96, CONDITIONAL USE REQUEST SUBJECT TO RENEWAL AND IF MORE THAN ONE WRITTEN COMPLAINT WAS RECEIVED IN THE PLANNING OFFICE. THE CONTINUAL USE REQUEST WOULD BE BROUGHT BACK TO THE COMMISSION FOR REEVALUATION. 21. BILL AND SHARON STILES - 117 W. ROCK STREET (CU96-5) CONTINUAL USE FOR A BED AND BREAKFAST FACILITY WAS APPROVED ON CONSENT AGENDA WHEN IT MET ITS CRITERIA. 22. JERRY AND MIKE SWEETSER - E OF N COLLEGE, N OF TOWNSHIP (CU96-3) CONTINUAL USE FOR REZONING REQUEST WAS APPROVED. 23. CYNTHIA TUNE & REGINA YOUNG - 501 MAPLE (CU96-8) CONTINUAL USE FOR A LIMITED NEIGHBORHOOD COMMERCIAL BUSINESS IN AN R-1 ZONE WAS APPROVED WHEN IT MET ITS CRITERIA. 24. WANDA SIMS - S OF HUNTSVILLE RD AND W OF ROBERTS RD (CU96-17.00) CONTINUAL USE TO ALLOW A DUPLEX IN AN R-1 ZONING DISTRICT WAS NOT ACTED ON BECAUSE APPLICANT WAS NOT PRESENT. 25. JERRY & ELIZABETH WATSON - S OF HUNTSVILLE, E OF HAPPY HOLLOW ON JERRY AVENUE (CU96-2) CONTINUAL USE FOR PROPERTY LOCATED ON HELEN STREET (LOT 10, BLK 4 OF WATSON ADDITION) TO ALLOW DUPLEXES WAS APPROVED WHEN IT MET ITS CRITERIA. 26. CYNTHIA TUNE AND REGINA YOUNG - 501 E. MAPLE (CU96-8) . CONTINUAL USE FOR A LIMITED NEIGHBORHOOD COMMERCIAL BUSINESS IN AN R-1 ZONE WAS APPROVED WHEN IT MET ITS CRITERIA. • Planning Commission Minutes April 8, 1996 Page 13 VA96-4 - CHRIS ADAMS AND MARK TAYLOR S WILLOW AND 12TH & 13TH ST The next item on the agenda was the right of way vacation as submitted by Chris Adams and Mark Taylor. The requested right of way vacation is for a platted alley and platted (but not constructed) street segment of South Willow Street between Twelfth and Thirteenth Streets. Staff recommended approval subject to any structures constructed along Twelfth Street which require water and/or sewer service must be serviced by main lines which immediately adjoining the property. In no case shall water or sanitary sewer service lines be permitted which cross lot or property lines, regardless of ownership of those lots. If water and sewer are requested for lot 10, then that person shall be required to extend water and sewer mains as necessary along Twelfth Street. MOTION Mr. Reynolds made a motion to approve the right of way vacation subject to the condition of approval. Mr. Odom seconded the motion. Upon roll call, the motion passed with a vote of 8-0-1. Mr. Head abstained. Mr. Forney left the meeting. • • • Planning Commission Minutes April 8, 1996 Page 14 RZ96-5 - LEE W. KIDDER S OF 16W, N&E OF MICHAEL COLE The next item on the agenda was the rezoning request submitted by Lee W. Kidder for property located south of Highway 16 West, and north and east of Michael Cole Drive. The request was to rezone 7 acres from A-1, Agriculture to R_2, Medium Density Residential. - Staff recommended denial of the request bu supported rezoning from A -I to R-1 which would allow single family. Further, staff suggested the R-2, residential small lot designated which would allow duplexes as a conditional use. Mr. Kidder inquired as to what the R -S zoning designated and Ms. Little explained that the purpose of R -S zoning was to allow a maximum of 7 dwelling units per acre and duplex would be allowed as a conditional use increase the maximum number of dwelling units per acre to 8.5. Further she noted R -S lot size was 6,000 square feet instead of 7,000 square feet required under the requested R-2 zone. Ms. Johnson inquired if Mr. Kidder wished to postpone the consideration of his request and Mr. Kidder declined. Mr. Kidder expressed concern regarding the depth of his property and streets development requirements. Mr. Neil Gierack, who resided on Michael Cole Drive, opposed the request and expressed his concern regarding traffic problems and the impact the subject development could have on same. • Ms. Virginia Mitchel, who resided on Michael Cole Drive, opposed the request based on traffic problems and urged the commission to rezone the tract to R -L, residential large lot. Mr. Chuck Easterling, an adjoining property owner, opposed the request and supported rezoning the property to R- L, residential large lot. Mr. Scott Brahams, an adjoining property owner, opposed the request based on traffic problems and urged the commission to rezone the tract to R -L, residential large lot. Mr. Odom inquired as to the requirements of R -L zoning and Ms. Little stated the subject tract could develop as 12 half acre lots. Mr. Odom inquired as to the number of duplexes Mr. Kidder was proposing and Mr. Kidder responded that he proposed twelve. MOTION Mr. Reynolds made a motion to deny the R-2 zoning. Mr. Odom seconded the motion. Upon roll call, the motion passed with a vote of 8-0-1. Mr. Forney was absent. MOTION Mr. Reynolds made a motion to rezone the subject property to R -Li • Motion failed for lack of a second. MOTION • Planning Commission Minutes April 8, 1996 Page 15 Mr. Odom made a motion to approve the rezoning to R- 1. Mr. Allred seconded the motion. Upon roll call, the motion passed with a vote of 8-0-1. Mr. Forney was absent. CI 0 • Planning Commission Minutes April 8, 1996 Page 16 RZ96-6 - TONY AND LISA SAGELY 1342 N. GREGG The next item on the agenda was the rezoning request submitted by Tony and Lisa Sagely for property located at 1342 N. Gregg Street. The request was to rezone .4 acres from R-1, Low Density Residential to R-2, Medium Density Residential. Staff recommended denial of the rezoning for the following reasons: 1. Surrounding and immediately joining properties are zoned R-1; therefore, a finding of compatibility cannot be made. 2. Increases in density would decrease traffic safety which is already questionable. 3. Current zoning already allows for more intense utilization of the site than has currently been made. On April 8, 1996, the applicant phoned the Planning Department and requested that this item be removed from the agenda at this time. • 0 • Planning Commission Minutes April 8, 1996 Page 17 LANDSCAPING WITHIN UTILITY EASEMENTS AND STREET RIGHT OF WAYS Mr. Odom stated that the disallowance of landscaping within the easements seemed to be creating hardship for developers as well as conflicting with ordinances currently included in the Code of Ordinance. Mr. Jurgens stated it was not a new policy to disallow planting in the easements but it was coming into focus as a result of new ordinances including the tree ordinance and the overlay district ordinance. He stated easements were acquired to allowed for access to maintain utility lines contained in same. Further he stated he did not have a problem with small trees in the easements because chances that those root systems could damage the utility lines were minimal. He stated he was in the process of compiling information regarding disallowing landscaping within the utility easement. Further he stated he would prefer to deal with the landscaping issues on a case by case basis instead of ratifying an ordinance on easements. Ms. Johnson requested that Mr. Jurgen contact her and set up a meeting when the memorandum detailing the easement situation was complete and she invited the other commissioners to attend as well. APPOINTMENT OF THE SUBDIVISION COMMITTEE Ms. Johnson appointed the following to the Subdivision Committee: • Jerry Allred, Chair Gary Head Bob Reynolds C-3 AND C-4 PARKING ORDINANCE Ms. Little stated the ordinance had been before the City Council and they had requested changes with regard to the torn down buildings and calculation of parking and protecting and encouraging residential structures to remain residential. MEMORANDUM FROM PHYLLIS RICE Ms. Little read a memo from the Mayor's office which stated the Planning Commission had served more hours (936) than other service board. Meeting adjourned at 7:35 p.m. 0 C� • MEMORANDUM TO: Alett Little and Planning Commissioners FROM: Janet Johns DATE: April 19, 1996 RE: Planning Commission attendance and action information There were a total of six meetings in the first quarter of 1996. The attendance record of the Commission was excellent and breaks down as follows: ALLRED 0 absences, 0 tardy, 0 early dismissal BRITTON 2 absenses, 2 tardy, 0 early dismissal FORNEY 0 absences, 2 tardy, 1 early dismissal HARBISON 0 absenses, 0 tardy, 0 early dismissal HEAD 1 absenses, 1 tardy, 0 early dismissal JOHNSON 0 absenses, 0 tardy, 0 early dismissal NICKLE 0 absenses, 0 tardy, 1 early dismissal ODOM 0 absenses, 1 tardy, 0 early dismissal REYNOLDS 0 absenses, 0 tardy, 0 early dismissal SUGG 0 absenses, 0 tardy, 0 early dismissal • TUCKER 0 absenses, 0 tardy, 0 early dismissal The total number of projects reviewed were 33 during the first quarter of 1996. Following is the project breakdown. CONDITIONAL USES 6 approved FINAL PLATS 3 approved LARGE SCALE DEVELOPMENTS 11 approved LOT SPLITS 3 approved PRELIMINARY PLATS 4 approved REZONING 4 approved VACATIONS 3 approved There were a total of 30 votes called during the first quarter of 1996 and the breakdown of yes/no/abstain is as follows: ALLRED 27 yes/ 3 no/ 0 abstain FORNEY 27 yes/ 0 no/ 3 abstain HARBISON 27 yes/ 3 no/ 0 abstain HEAD 26 yes/ 2 no/ 1 abstain JOHNSON 27 yes/ 3 no/ 0 abstain ODOM 26 yes/ 1 no/ 3 abstain REYNOLDS 25 yes/ 3 no/ 2 abstain • Memorandum to Alert Little and the Planning Commission April 19, 1996 Page 2 There were a total of 22 votes called during the period Commissioners Nickle and Britton were on the Commission and the breakdown of yes/no/abstain is as follows: BRITTON 17 yes/ 3 no/ 2 abstain NICKLE 19 yes/ 3 no/ 0 abstain There were a total of 7 votes called during the period Commissioners Tucker and Sugg were on the Commission and the breakdown of yes/no/abstain is as follows: SUGG 5 yes/ 2 no/ 0 abstain TUCKER 6 yes/ 1 no/ 0 abstain There was a total of 10 requests for waivers during the first quarter of 1996. Following is the project breakdown. SEQUOYAH PRESERVE, A PUD 1. Street width waiver - no action taken. is 2. Sidewalk waiver - no action taken. CHRISTIAN LIFE CATHEDRAL 3. Parking waiver - granted. GUIDO'S NORTH 4. Parking waiver - parking waived in C-3 and C-4 district under new ordinance. 5. Sidewalk waiver - letter of credit accepted in lieu of construction. CRYSTAL SPRINGS SOFTBALL FIELDS 6. Height of stadium lights waiver - granted. 7. Waiver of § 160.088 (residential district seperation) - denied. Iiia11nu vall"872I V40 8. Waiver of display area landscaping - granted in total. 9. Waiver of perimeter landscaping - granted with substitutions. 10. Sidewalk waiver -denied. Staff forwarded 12 items, (i.e., rezonings, vacations, and ordinances) to the City Council. All requests were approved either as forwarded or amended and approved. Garage Sale Ordinance • and Transient Merchants Ordinance are still under consideration as well as three vacations and one rezoning.