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HomeMy WebLinkAbout1996-05-06 Minutes• MINUTES OF A MEETING OF THE FAYETTEVILLE PLANNING COMMIS'. A meeting of the Fayetteville Planning Commission was held on May 6, 1996 at 5:30 p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. MEMBERS PRESENT Phyllis Johnson, Jerry Allred, John Forney, Conrad Odom, Mark Sugg, and Gary Tucker MEMBERS ABSENT: John Harbison and Bob Reynolds MEMBERS TARDY: Gary Head STAFF PRESENT Alett Little, Jim Beavers, Rich Lane, and Janet Johns CONSENT AGENDA LS96-9 CALVIN BILDERBACK THOMPSON ENGINEERS - 3293 ADAMS The next item of new business was the lot split for Calvin Bilderback submitted by Thompson Consulting Engineers for property located at 3293 Adams St. The property is located in the county and the request is to create a total of four lots. Staff recommended approval of the lot split. • MOTION Mr. Odom made a motion to approve the consent agenda. Mr. Allred seconded the motion. Upon roll call, the motion passed with a unanimous vote of 6-0-0. 0 • Planning Commission Meeting May 6, 1996 Page 2 LS96-12 SPENCER AND MARTHA ALBRIGHT GEORGE FAUCETTE - 2004 BRENT LANE The next item of new business was the lot split for Spencer and Martha Albright submitted by George Faucette for property located at 2004 Brent Lane. The property is zoned R-1 and the request is for a total of three lots. Staff recommended approval subject to the following conditions: I. Construction of a culdesac at the end of Brent Lane. 2. Improvements to the water line to provide a fire hydrant within 400 feet of the farthest structure. The improved water line and fire hydrant must be in operation prior to issuance of any building permits. The City may, or may not, elect to participate in the cost of this water line. 3. Staff approval of the final grading, drainage, tree, water, and sewer plans. 4. Utility easements as requested at plat review. 5. Payment of Parks fees in the amount of $900 for three single family homes. Ms. Johnson inquired if the conditions of approval and accepted and a signed copy of same placed on file and Ms. • Little stated they had done so. MOTION Mr. Odom made a motion to approve the consent agenda. Mr. Allred seconded the motion. Upon roll call, the motion passed with a unanimous vote of 6-0-0. N • Planning Commission Meeting May 6, 1996 Page 3 FP96-4 BRIDGEPORT ADDITION, PH 11 CREEKWOOD HILLS DEVELOPMENT CO - S OF MT COMFORT W OF RUPPLE The first item on the Consent Agenda was the final plat for Bridgeport Addition, Phase 11 submitted by WBR Engineering on behalf of Creek wood Hills Development Company for property located south of Mt. Comfort Road and west of Rupple Road. The property is zoned R-1 and contains 17.5 acres. Staff recommended approval subject to the following conditions: 1. All public improvements shall be complete and pass the City's final inspection, including all remedial work and punchlist items prior to the City Engineer's signing the final plat. This shall include the final design and construction of the pond as proposed by the developer to be tied into the storm drainage system and constructed within the proposed park. 2. A letter from the Parks Board agreeing with the developers' proposed pond 3. A deed and plat for Phase II park land. 4. Payment of $2,632 for off-site sanitary sewer improvements ($56 per lot.) 5. The Developer shall provide a cash bond or irrevocable letter of credit for 150% of the estimated construction costs for the sidewalks in accordance with the City's ordinance for guarantees in lieu of install • improvements. 6. The addition of address numbers as furnished at subdivision committee. 7. Plat review and subdivision committee comments. Ms. Johnson inquired if a signed copy of the conditions of approval was on file and Ms. Little stated there was a signed file copy. MOTION Mr. Odom made a motion to approve the consent agenda. Mr. Allred seconded the motion. Upon roll call, the motion passed with a unanimous vote of 6-0-0. • Planning Commission Meeting May 6, 1996 Page 4 LS96-I1 LINDA DINGLEDINE HIGHWAY 62 WEST The next item of new business was the lot split for Linda Dingledine for property located on Highway 62 West. The property is zoned C-2 and the request is for a total of three lots. MOTION Mr. Odom made a motion to approve the Consent Agenda. Mr. Allred seconded the motion. Upon roll call the motion passed with a unanimous vote of 6-0-0. • 40 • CI Planning Commission Meeting May 6, 1996 Page 5 APPROVAL OF THE MINUTES OF THE MEETING OF APRIL 22. 1996 The minutes were approved as distributed. Mr. Head arrived at 5:45 p.m. OLD BUSINESS "id 1Did 001s1►YWIC�IIY lal�rGl►1►l1►Le FYIWIVATII The first item of old business was the amendment to the Planning Commission Bylaws originally considered at the Planning Commission meeting of April 22, 1996, and approved by a vote of 6-2-0 which did not meet the bylaw amendment requirements. As a result, the item was again placed on the agenda for consideration. Staff proposed the changes to address three objectives. Those objectives were, voting requirements for approval of large scale developments, preliminary plats, final plats, lot splits, and rehearings; establishment of the Subdivision Committee as a permanent standing committee; and, enabling the Subdivision Committee to approve large scale developments, final plat, lot splits, and rehearings. Ms. Johnson suggested that Article Ill, F. read as follows: "1. It shall require five positive votes to carry the following items: a. Zoning Changes b. Amendments or changes to the Master Plan C. All conditional uses d. Amendment to bylaws" Discussion ensued regarding whether not the words, "five positive votes" should be deleted. Ms. Johnson further suggested that Article Irl, F. read as follows: "2. A simple majority of those present (assuming a quorum) shall be needed for adoption of any other motions..." Mr. Sugg expressed concern regarding subdivision committee approval of large scale developments. Discussion ensued. MOTION Mr. Sugg made a motion to removed large scale development approval from the bylaws. Mr. Forney seconded the motion. Ms. Little stated that under City Ordinance § 159.054(c), the subdivision already had the authority to approve large scale development and further she stated that City Ordinance would supersede the commission's bylaws. Ms. Johnson ruled that the motion was moot and therefore the question was not called. Ms. Johnson inquired as to the intent of allowing the subdivision committee to grant rehearings and Ms. Little explained that pursuant to the current bylaws, the petitioner was required to appeal to the Planning Commission for • Planning Commission Meeting May 6, 1996 Page 6 a rehearing and if one was granted, the staff would prepare information and the rehearing would be delayed until the following meeting. Further, Ms. Little stated it would reduce the delay in rehearing a matter if the Subdivision Committee was granted the authority to approve rehearings. After discussion, Article IV. C.2.c. was amended as follows: "Right to have a rehearing before the full planning commission." Mr. Tucker inquired as to the intent of "e. Sidewalk variances" and discussion ensued. Ms. Little stated there was confusion between the definition of waivers and variances. She stated variances were determined by the Board of Adjustments and waivers were determined by the Planning Commission and waivers and variances would be addressed under the UDO. After discussion, Article IV. C. 2.e. was amended as follows: "Sidewalk variances for projects other than large scale development or subdivisions." Mr. Forney expressed concern regarding Article IV.C.3. and what exactly constituted a waiver of the tree and landscape requirements. Discussion ensued. Mr. Tucker suggested the meeting time be moved to sometime after 5:00 to facilitate public involvement. Consensus was to leave the meeting time at 9:00 a.m. • MOTION Mr. Forney made a motion to approve the Bylaws as amended. Mr. Odom seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. • • Planning Commission Meeting May 6, 1996 Page 7 FP96-5 PINE CREST, PH 111 BMP DEVELOPMENT - E OF SALEM N OF FLORENCE The next item on the Consent Agenda was the final plat for Pine Crest, Phase III submitted by Northwest Engineers on behalf of BMP Development for property located east of Salem Road and north of Florence. The property is zoned R-1.5 and contains approximately 1.96 acres. Staff recommended approval subject to the following conditions: 1. All public improvements shall be complete and pass the City's final inspection, including all remedial work and punchlist items prior to the City Engineer's signing the final plat. 2. Payment of $1,000 for off site sanitary sewer improvements ($200.00 per lot) 3. Payment of $1,200 for off site contribution for Salem Road Bridge ($240.00 per lot.) 4. The Developer shall provide a cash bond or irrevocable letter of credit for 150% of the estimated construction costs for the sidewalks in accordance with the City's ordinance for guarantees in lieu of installed improvements. • 5. The addition of address numbers as furnished at subdivision committee. 6. Plat review and subdivision committee comments. Ms. Johnson stated the item was pulled at the request of Mr. Beavers to discuss drainage issues as per his memo dated May 3, 1996. Mr. Beavers stated he had been notified of a drainage problem associated with lot 23 of Phase I which borders phase 3. Mr. Jones stated he was certain the developer would correct the problem but he did not feel that it could be included on the punchlist of remedial items prior to signing of the final plat for Phase III. Discussion ensued. Mr. Beavers stated he simply wanted the record to reflect the developer's commitment to correcting the problem. 0 • Planning Commission Meeting May 6, 1996 Page 8 MOTION Mr. Head made a motion to approve the final plat subject to staff conditions and comments and the assurance that the drainage problems involved with Phase I will be corrected. Mr. Odom seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. • • Planning Commission Meeting May 6, 1996 Page 9 FP96-5 SAVANA ESTATES, PH IV DUNNERSTOCK DEVELOPMENT - E OF CROSSOVER, S OF SKILLERN The first item of New Business was the final plat for Savana Estates, Phase IV submitted by Jorgensen & Associates on behalf of Dunnerstock Development, Inc. for property located east of Crossover and south of Skillern Road. The property is zoned R -I and contains approximately 24.67 acres. Staff recommended approval of the final plat subject to the following conditions: I . Approval of the revised layout. The preliminary plat contained 37 lots on 25.36 acres with a different street configuration. 2. All public improvements shall be complete and pass the City's final inspection, including all remedial work and punchlist items prior to the City Engineer's signing the final plat. 3. The Developer shall provide a cash bond or irrevocable letter of credit for 150% of the estimated construction costs for the sidewalks and final pavement in accordance with the City's ordinance for guarantees in lieu of installed improvements. 4. The addition of address numbers as furnished at subdivision committee. 5. Plat review and subdivision committee comments. This will include resolution of the utility companies • concerns for relocated utility easements. Mr. Head stated the subdivision committee wanted to call to the attention of the commission that there had been changes from preliminary plat to the final plat. He further stated that the number of lots had decreased as a result of a change in the street locations. Mr. Beavers stated that he had been consulted by the developer and he had approved those changes. Discussion ensued. Ms. Little stated that anytime a change occurred between the preliminary plat and the final plat, the preliminary plat should be reapproved by the Commission. Mr. Head stated the streets had already been constructed. Ms. Johnson noted one of the culdesacs had been eliminated. MOTION Mr. Head made a motion to approve the final plat. Mr. Odom seconded the motion Upon roll call, the motion passed with a vote of 7-0-0. CI • Planning Commission Meeting May 6, 1996 Page 10 FP96-7 DOUBLETREE ESTATES, PH II LES HOWELL - MT COMFORT E OF DOUBLE SPRINGS The next item on the Consent Agenda was the final plat for Doubletree Estates, Phase 11 submitted by Jorgensen & Assoc. On behalf of Les Howell for property located on Mt. Comfort Road and east of Double Springs Road. The property is located in the county and contains 57.04 acres. Staff recommended approval and there were no conditions of approval. Ms. Johnson noted the developer was requesting an amendment to the Master Street Plan to include the developer's proposed connection in lieu of the north -south collector as currently shown. Discussion ensued regarding the street as shown on the MSP and the proposed location of the substitute street. Discussion ensued regarding the right of way. Ms. Little noted that additional right of way would be required to meet the designated 60'-80' right of way required under the MSP. Ms. Little stated the proposed right of way dedication was 50' and that was a result of the developer providing curb and gutter on the streets within Doubletree which was not required under county standards. Ms. Little noted the existing county road which is proposed to be the collector as designated on the MSP was constructed in an excellent and appropriate location along the ridge line. Intense discussion ensued regarding future development of streets in the subject area. • Mr. Sugg inquired if the proposed street became the collector designated on the MSP would additional right of way need to be acquired and Ms. Little stated that determination would be made according to traffic count. Regarding future commission decisions, Ms. Little noted that by providing stub outs the connectivity would be obvious both to the future Planning Commissions and property buyers. Mr. Forney expressed concern regarding the lack of efficiency in traffic flow in the proposed street design and he stated he preferred a grid pattern. Mr. Head expressed concern regarding the grid pattern and he stated he preferred streets designed according to topography. Intense discussion ensued. Mr. Allred stated this was a final plat and the improvements were already constructed. Intense discussion ensued. Mr. Sugg inquired as to the status of easement along the western boundary for the MSP street. Mr. Jorgensen stated that was discussed in depth and it was his contention that the terrain in the MSP street location would not be as good a location as the one the developer was proposing along the ridge line. Intense discussion ensued. MOTION Mr. Head made a motion to approve the final plat subject to comments and acceptance of the proposed street to amend the Master Street Plan designated collector street. Mr. Allred seconded the motion. Discussion ensued regarding acceptance of the north -south street, right of way for an MSP collector street • Ms. Little stated that Mr. Jim Johnson (911 Coordinator) should be consulted as to whether or not Toy Street would be renamed 59th and Mr. Jorgensen stated he would contact the 911 Coordinator. • Planning Commission Meeting May 6, 1996 Page 11 Mr. Allred stated that if the subject plat was preliminary, the streets might be laid out differently and he cautioned that the Commission bear the MSP in mind when considering circulation issues. Mr. Forney inquired as to why the MSP needed to be amended. Intense discussion ensued. The developer, Mr. Howell, addressed Commissioners and he stated he would provide each potential buyer with a disclosure statement informing them of the street/circulation issues and the requirements of the Master Street Plan. Discussion ensued regarding the required right of way for collector streets and the speed limits and design standards for same. Upon roll call, the motion passed with a vote of 5-2-0. Mr. Forney and Mr. Sugg voted against the motion. CI • ICJ • Planning Commission Meeting May 6, 1996 Page 12 LS96-7 RUTH TURNER RICK OSBORNE - 5465 WHEELER RD The next item of new business was the lot split for Ruth Turner submitted by Rick Osbome for property located at 5465 Wheeler Road. The property is located in the county and the request is to create a total of two lots. Discussion ensued regarding the location of the subject property. MOTION Mr. Allred made a motion to postpone the item until May 13, 1996. Mr. Head seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. • • Planning Commission Meeting May 6, 1996 Page 13 Ms. Johnson inquired as to the schedule of meetings. Ms. Johns responded that the Planning Commission tour was scheduled for May 9, 1996, at 3:30 p.m. She further stated the regular meeting of the Planning Commission would be held on May 13, 1996, at 5:30 p.m. Meeting adjourned at 7:30 p.m. • 0