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HomeMy WebLinkAbout1996-06-10 MinutesMINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held June 10, 1996 at 5:30 p.m, in Room 219 of the Fayetteville City Administration Building, 113 West Mountain, Fayetteville, Arkansas. MEMBERS PRESENT Jerry Allred, Gary Head, Phyllis Johnson, John Harbison, Conrad Odom, Bob Reynolds, and Gary Tucker STAFF PRESENT Jim Beavers, Alert Little, Rich Lane, Dawn Thomas, And Janet Johns APPROVAL OF MINUTES OF THE MEETING OF MAY 13, 1996 The minutes were approved as distributed. CONSENT AGENDA LSD96-21 HANK'S FINE FURNITURE B & F ADVERTISING - N OF WEDINGTON, E OF HWY 71 After discussion, the large scale development for Hank's Fine Furniture was placed on the consent agenda. The plat was submitted by Development Consultants, Inc on behalf of B & F Advertising for property located north of Wedington and east of Highway 71. The property contains 2 acres zoned C-1 and the tract is within the overlay district. • Staff recommended approval subject to the following conditions: 1. Overlay district requirements. 2. Improvement of one-half of Futrall Drive adjacent to the development to City Standards (15.5 feet from the centerline, curb and gutter and drainage.) 3. Construction of a 5' sidewalk along Futrall and a 6' sidewalk or trail along Wedington. 4. Staff approval of the final grading, drainage, street design, tree, water, sewer, and parking lot plans. Improvements shall meet the City Engineer's latest criteria. 5. The drainage shall be privately maintained by the owner. 6. Utilities to be underground and all mechanical equipment screened. 7. The owner shall execute a letter of agreement stating that he understands that the City is not responsible 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 appurtenances. 8. A separate easement plat will be submitted prior to the building permit being issued. 9. Plat review and subdivision committee comments. • Ms. Little stated the applicant no longer required the proposed free standing sign and therefore could be placed on the consent agenda. • Planning Commission Minutes June 10, 1996 Page 2 MOTION Mr. Reynolds made a motion to place the item on the Consent Agenda. Mr. Allred seconded the motion. MOTION Mr. Allred made a motion to approve the Consent Agenda. Mr. Reynolds seconded the motion. Upon roll call, the motion passed with a vote of 5-0-1. Mr. Harbison abstained. Mr. Head arrived at 5:45 p. m. • • • Planning Commission Minutes June 10, 1996 Page 3 PP96-3 SEQUOYAH PRESERVE, PUD DAN/DEBORAH COODY - E OF RODGERS, W OF HAPPY HOLLOW The first item on the agenda was the preliminary plat for Sequoyah Preserve, PUD was submitted by Dan and Deborah Coody for property located east of Rodgers Drive and west of Happy Hollow Road. The property is zoned R-1 and contains approximately 7.09 acres. A waiver of street width and culdesac length was requested and the applicant also requests construction of a trail in lieu of a sidewalk. Staff recommended approval subject to the following conditions: 1. Approval of a street width waiver to allow the private street to be 18 feet wide for two way traffic. 2. Approval of a waiver in culdesac length 3. Staff approval of the final grading, drainage, street, water, sewer and tree plans. 4. Construction of a trail in lieu of a sidewalk. 5. The drainage system, including the detention pond, shall be privately maintained by the owner. 6. Improvements shall meet the City Engineer's latest criteria. • 7. Plat review and subdivision committee comments. Ms. Johnson noted that City Council Resolution No. 19-96 and 61-96 applied to this project and she explained same. She noted that the City Council had heard this matter and sent it back to the Commission for their determination. Regarding the requested waivers and in response to inquiry from Ms. Johnson, Ms. Little stated that staff did support the 18' width street. She stated that staff had no recommendation regarding the length of the culdesac and she stated staff included condition 4 as information only not for waiver approval/disapproval. Ms. Johnson inquired if the sidewalk could be required and Ms. Little recommended that the conditions remain as above. In the interest of disclosure, Mr. Tucker stated he was an adjoining property owner but had no financial interest in the project, therefore, he would vote on the question. Mr. Coody stated no changes had occurred on the plat. Ms. Nan Lolher presented letters from Lois and Harry Alerd and Richard and Ramona Gordon in support of the project. Ms. Katherine Lux spoke in support of the project. Mr. Coody stated the proposed 11 lots varied in size from .3 to .4 acres and there would 2 to 3 acres of common green space. He stated the 18' street would be constructed above the City's street standard with reinforced concrete. • He stated the property owner's association would maintain the private street and he stated the protective covenants provided maintenance of the drainage facilities and are very restrictive as to construction materials. • Planning Commission Minutes June 10, 1996 Page 4 MOTION Mr. Head made a motion to approve the preliminary plat subject to staff comments. Mr. Odom seconded the motion. Upon roll call, the motion passed with a vote of 6-1-0. Ms. Johnson voted against the motion. 11 • • Planning Commission Minutes June 10, 1996 Page 5 PP96-4 ZION VALLEY, PUD ZION VALLEY LLC - S OF ZION, W OF OLD MISSOURI The next item on the agenda was the preliminary plat for Zion Valley, A Planned Unit Development submitted by Northwest Engineers on behalf of Zion Valley LLC for property located south of Zion Road and west of Old Missouri Road. The property is zoned R-2 and contains approximately 27.72 acres. The proposed street layout deviates from the Master Street Plan and a waiver of construction of the public street is requested. Staff recommended approval subject to the following conditions: Resolution by the Planning Commission of street improvements and connections including any proposed revisions to the Master Street Plan. a. Regarding Vantage street, staff supported alignment of same along the west property line, dedication of 30' of right of way along the entire length of the west property boundary for one-half of the future collector street, construction of a 22' street and 6' sidewalk within the 30' right of way for the entire length of the west property boundary, and construction of the intersection of Vantage and Zion and use of Vantage in lieu of the proposed direct access to Zion shown. b. Regarding Zion, staff supported dedication of 30' of right of way from the centerline of Zion, improvement to or provisions of funds for the improvement of one-half of Zion to collector street standards, including pavement, curb and gutters, and drainage and sidewalks for the segment of • Zion adjacent to the proposed development. C. Regarding Frazier, staff supported extension of Frazier to the development's "Loop Road" for access to the PUD. d. Regarding Steams, staff supported provision of 50' right of way at a designed radius at the southeast comer of the property and then provisions of 25' of right of way continuing to the west as generally shown on the concept plat, and provision to the City of funds representing the cost of the standard 31' City street for the segment of Stearns entirely within the development at the southeast comer and then one-half of the costs of a standard 31' street for the remaining portion to the west. Ms. Little stated staff opposed direct access to Zion and she stated the MSP showed a north south street which is referred to as the Vantage Road connection. She stated in the future, the Vantage Road connection would probably have a traffic signal which would be a safer exit for the Zion development. Discussion ensued. Ms. Little stated the Subdivision Committee seemed to be comfortable with the Zion exit as long as the Vantage Road exit was also provided. Ms. Little stated staff could not reach consensus and she noted that the proposed street layout would affect the MSP. Discussion ensued regarding the topography and the location of the proposed Zion exit. Jim McCord introduced the Harry Gray (engineer), Jack Torre (developer), and Charles Lefler. Mr. McCord stated the Subdivision Committee had recommended the project as designed with access to Zion as long as there was access via the "Vantage" access. Mr. McCord stated the developer would construct Vantage but the developer stipulates that the Zion access be allowed. • Mr. Head stated the Subdivision Committee based its recommendation on several points. Those points included the developer providing two points of access, dedicating land for the construction of Sterns, constructing one half of • Planning Commission Minutes June 10, 1996 Page 6 Vantage, and placing the Zion access at the safest point Discussion ensued regarding connecting Frazier on the eastern side of the loop street. Ms. Little stated that private streets are not allowed to connect to public streets and a waiver would be required to accomplish that connection. Discussion ensued regarding connecting the private loop street with Frazier. Mr. Gray stated this project would require a waiver of the MSP. He stated the design for the project would not work with both a connection with Frazier to the east and west. Discussion ensued. Mr. Allred stated the MSP showed designated two collector streets which were less than 800' apart. He stated those were Sterns and Frazier and the consensus of the Subdivision Committee was that both collectors would not be required to handle the traffic flow. Discussion ensued regarding the regional commercial zone and traffic issues associated with that zone. Ms. Little stated that the MSP reflected both connections in order to avoid placing a burden on just one collector in that neighborhood. Further, Ms. Little stated that at the time the property was rezoned, the developer was aware of the requirements of the MSP and the location of the road at that time bisected the property. She stated that staff had agreed to move the road to the west property line to be accommodating but in order to preserve the integrity of the MSP, staff supported stubbing Frazier into the loop street. Intense discussion ensued. Ms. Little noted that a Bill of Assurance was given at the time of rezoning limiting the number of units to 104. Mr. Tucker inquired if the developer would cost share in the construction of Stems as well as provide the right of way. Discussion ensued. Mr. Torre addressed the Commission and stated that in return for access to Zion, he • would construction Stems. Mr. Gray inquired if City Council approval would be required for a waiver to the MSP and Ms. Little stated that if the street did not connect on the west and the east the City Council's approval would be required to amend the Master Street Plan. MOTION Mr. Allred made a motion to approve the large scale development subject to comments and amended conditions including Stems being constructed and connected to Vantage and Frazier being stubbed to the west but not to the east as reflected on the plat submitted for approval. Discussion ensued. Mr. Head seconded the motion. Upon roll call, the motion passed with a vote of 4-3-0. Ms. Johnson, Mr. Odom, and Mr. Tucker voted against the motion. 11 • Planning Commission Minutes June 10, 1996 Page 7 LSD96-18 CREEKSIDE PLAZA CROSSOVER ASSOC - NE CRN CROSSOVER AND HWY 16E The next item on the agenda was the large scale development for Creekside Plaza submitted by Engineering Services, Inc on behalf of Crossover Associates for property located at the northeast comer of Crossover and Highway 16E. The property is zoned C-2 and contains approximately 2.72 acres. 1. Dedication of additional right of way to provide 50' from the centerline of existing Highways 16 and 265. 2. Staff approval of the final grading, drainage, tree, water, sewer, and parking lot plans. The sanitary sewer will utilize one central lift station as shown. 3. Construction of sidewalks along the applicant's frontage of highways 265 and 16. 4. The drainage shall be privately maintained by the owner. 5. Improvements shall meet the City Engineer's latest criteria. 6. Easements as requested at Plat review. 7. The owner shall execute a letter of agreement stating that he understands that the City is not responsible 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 lie or appurtenance. 8. Plat review and subdivision committee comments. Ms. Little stated that staff had amended the conditions of approval to reflect that the sidewalk would cross the creek on the State Highway bridge and a separate bridge would not be required. The applicant was in agreement with the amended conditions. Mr. Tucker expressed concern with the entry. Ms. Little stated the entry was at the easternmost point and it would not be desirable from a safety stand point to move it to the west which might create traffic conflicts. Discussion ensued regarding modification to the parking lot to provide stacking room. MOTION 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 unanimous vote of 7-0-0. • • Planning Commission Minutes June 10, 1996 Page 8 CU96-11 CENTRAL EMS TONY HICKERSON - 645 S. SCHOOL The next item on the agenda was the conditional use request submitted by Tony Hickerson on behalf of Central EMS for property located west of School, south of 6th Street (645 S. School St.) Is a conditional use request for a radio tower (Use Unit 3, Public protection and utility facilities.) The property is zoned C-2, Thoroughfare Commercial. Staff recommended approval subject to application for a footing permits for the 7 x 7 concrete pad and any additional requirements (placement, screening, etc) as determined by the Commission. Ms. Johnson noted that after consultation with the applicant and additional information fumished by the applicant, staff supported approval of the conditional use. Ms. Johnson inquired as to why the applicant did not inform the staff and Commission at the time of the initial approval for the building's use. Mr. Cypert responded it was a simple oversight. Discussion ensued regarding locating the antenna on the silos across the street and Mr. Cypert stated that the transmissions between antenna would be blocked by the silos. Further, Mr. Cypert stated another problem with locating the antenna on the silos was that a building would have to erected to locate the radios. MOTION • Mr. Head made a motion to approve the conditional use subject to staff conditions and comments. Mr. Reynolds seconded the motion. Discussion ensued regarding screening of the tower and consensus was that it done in accordance with sketch #6 contained in the agenda packet on page 5.8 screening the south side of the building. Mr. Head restated his motion to include screening on the south side of the building (sketch #6, p 5.8.) Discussion ensued regarding finding a less conspicuous location for the tower. Ms. Johnson inquired if the site was under construction and if the monies expended could be recovered by selling the property and locating the facility at another location. Mr. Cypert stated Central EMS needed to locate in that area in order to achieve the quickest possible response times to residents in the south quadrant of the county. MOTION Mr. Harbison made a motion to postpone the item until other options could be explored. Mr. Tucker seconded the motion. Mr. Reynolds called a point of order stating that there was already a motion on the floor and Ms. Johnson ruled that the motion to postpone would supersede the motion to call for the question. • Upon roll call, the motion failed with a vote of 3-4-0. Mr. Allred, Mr. Head, Mr. Odom, and Mr. Reynolds voted against postponing matter. • Planning Commission Minutes June 10, 1996 Page 9 Upon roll call, the original motion to approve the conditional use was approved by a vote of 6-1-0. Mr. Harbison voted against the motion. • • Planning Commission Minutes June 10, 1996 Page 10 LS96-15 DAVID FERGUSON PRESTON FERGUSON - 2892 HUNTSVILLE ROAD The next item on the agenda was the lot split request submitted by Northwest Engineers on behalf of Preston Ferguson for property located at 2892 Huntsville Road, north of Huntsville, east of Stonebridge. The property is zoned C-2 and the request is for a total of two lots. In conjunction with the lot split, a sidewalk waiver has been requested. Staff recommended approval subject to the following conditions: 1. The applicant shall provide a copy of a filed marked deed restriction which will state that no further development or lot splits will be allowed on lot 19 of the W.E. Anderson Farm Subdivision until (a) improvements are made to bring the adjacent one-half of Stone Bridge Road to City standards, including sidewalk, and (b) the private sewer line and easement are replaced with a sanitary sewer main extending to the property lines such that no service lines cross private property. 2. Resolution of the request for a waiver of sidewalks along Highway 16 east. Staff recommends the construction of the sidewalk. 3. Design, approval and installation of a fire hydrant at either entrance to the existing building. 4. Dedication of an additional 10 feet of right of way along Highway 16 East for a total of 50' of right of way is from the centerline. 5. The filing of an easement plat establishing all right of way and easements requested and/or shown on the proposed lot split plat. The easement plat should include the condition that the 20' perimeter utility easements are granted subject to all facilities being placed underground. 6. Technical Plat review and Subdivision Committee comments. Ms. Little presented a memo from Mr. Venable regarding the sidewalk issue. She read, "...terrain is fairly flat from driveway to driveway but falls off both east and west of the drives due to drainage ditches... therefore, it would not be practical to construct a walk across the entire width ... If it is deemed necessary that the owner construct the sidewalk, it should be restricted in the length due to the terrain and be located so that the edge nearest the highway be about 35' from the centerline of Highway 16 (sketch included.) In summary, it is recommended that the sidewalk requirement be waived if at all possible." Discussion ensued regarding the other conditions of approval. Mr. Harris requested that the sidewalk waiver be approved and he stated that during the large scale development approval for the existing building, a Bill of Assurance had been provided regarding the sidewalks. He agreed with the providing a deed restriction providing that no further development will be done. He inquired if the hydrant had to be installed prior to issuance of the building permit. Discussion ensued regarding the Bill of Assurance and the topography of the subject tract of land. Further discussion ensued regarding Mr. Venable recommendation and Ms. Little stated the terrain falls off to the east and is west and the memo stated it would not be practical to construct a walk across the entire width but if it was required it should be restricted in length due to the terrain and be located so that edge nearest the highway be 35' from the centerline of Highway. She stated the sketch does apply to the portion already development. Ms. Little stated staff • Planning Commission Minutes June 10, 1996 Page I t would recommend that the sidewalk for the existing parcel (which is being sold) should be required and leaving the sidewalk issue on the remaining parcel (owner is keeping same) to be addressed at another large scale development. Ms. Little stated the city could require that at any time but she stated that she would prefer that the Planning Commission make the decision and the city implement their determination. MOTION Mr. Reynolds made a motion to approve the lot split subject to the conditions of approval and construction of the sidewalk. Mr. Tucker seconded the motion. Upon roll call, the motion passed with a vote of 6-0-1. Mr. Head abstained. • E N1 is Planning Commission Minutes June 10, 1996 Page 12 FP95-15.1 YORKTOWNE SQUARE, PH 11 WADE AND PEGGY BISHOP - N OF STUBBLEFIELD, W OF OLD MISSOURI The next item on the agenda was the final plat for Yorktowne Square, Phase II submitted by Milholland Engineering on behalf of Wade and Peggy Bishop for property located north of Stubblefield Road and west of Old Missouri Road. The property is zoned R -I and contains approximately 10.74 acres. Staff recommended approval of subject to the following: I. Payment of $9,300.00 in park fees. 2. Payment of $18,100 for off-site improvements to Stubblefield Road which is due from Yorktowne Phase I. 3. 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. 4. The developer shall plat three trees of 3" to 4" caliber at lot no. 43 in the area where the sidewalk was curved around a tree since those were removed by the developer. 5. Provide a file marked copy of the protective covenants. 6. The addition of address numbers to the final plat. • 7. Submission of a correct legal description. 8. Technical Plat Review and Subdivision Committee comments. Ms. Little noted that the legal description issues had been resolved. Discussion ensued regarding the off site improvement assessment for Stubblefield Road. Mr. Milholland stated they agreed with the condition. MOTION Mr. Allred made a motion to approve the final plat subject to the conditions of approval. Mr. Head seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. 0 Iqq • Planning Commission Minutes June 10, 1996 Page 13 CU96-14 RABEN MEDICAL BUILDING PERRY BUTCHER & ASSOC - 350 MILLSAP The next items on the agenda was the conditional use request submitted by Perry Butcher and Associates for property located at 350 Millsap Road, north of Millsap and west of College Avenue. The property is zoned C-2 and contains approximately 1.40 acres. The request is for a parking waiver. This is associated with a large scale development. Staff recommended denial of the conditional use as requested but would support a request for 4 additional parking spaces for a total of 30 parking spaces subject to and contingent upon the following: Approval of the large scale development plans for the building (see below.) 2. Compliance with Section 160.195 (C)(2) with specific regard to landscaping, striping, screening, etc. Mr. Neel stated the applicant was requesting a total of 43 spaces for patient and employee parking. Mr. Green, attorney for the applicant, added that the spaces were need for patient and employee parking due to the nature of his practice (spinal surgery.) MOTION • Mr. Head made a motion to approve the conditional use request for a total of 43 parking spaces. Mr. Allred seconded the motion. Upon roll call, the motion failed with a vote of 3-4-0. Ms. Johnson, Mr. Harbison, Mr. Reynolds, and Mr. Tucker voted against the motion. Discussion ensued regarding a shared parking agreement. Mr. Neel stated that the adjoining property owners were not amiable to sharing parking. MOTION Mr. Tucker made a motion to approve the conditional use for a total of 30 parking spaces. Mr. Odom seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. 0 • Planning Commission Minutes June 10, 1996 Page 14 LSD96-22 RABEN MEDICAL BUILDING PERRY BUTCHER & ASSOC - 350 MILLSAP In association with the conditional use request above a large scale development was submitted by Perry Butcher and Associates for property located at 350 Millsap Road, north of Millsap and west of College Avenue. The property is zoned C-2 and contains approximately 1.40 acres. Staff recommended approval subject to the following: L Construction of a 5' sidewalk along Millsap. 2. Staff approval of the final grading, drainage, tree, and park lot plans. Improvements shall meet the City Engineer's latest criteria. The drainage plan/report shall establish the 100 year water surface elevation and the building floor shall be two feet above this 100 year water surface elevation. 3. Approval of a final landscaping plan to include a minimum of nine shrubs added to the Millsap perimeter. 4. The owner shall execute a letter of agreement stating that he understands that the City is not responsible 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. A separate easement plat will be submitted prior to the building permit being issued. This easement plat must be filed for record prior to the issuance of a certificate of occupancy. 6. All plat review and subdivision committee comments. Mr. Neel stated the plat had been amended to reflect a sidewalk. He stated they would comply with the landscaping. Discussion ensued regarding the easement plat. Ms. Little stated the easement plat would be required if the easement were different from the subdivision plat. She stated the easement plat would be filed after the building was complete if nothing was changed and an as built plan would be required as well. Mr. Tucker inquired as to why the joint access condition had been stricken from the staff report and Ms. Little responded that staff did support joint access but the developer had informed staff that Mr. Brewer was not interested in joint access. Further, she noted there was a 3' to 4' grade difference between the Brewer lot on the west and to the east there was a drainage ditch. MOTION Mr. Head made a motion to approve the large scale development subject to staff comments and conditions. Mr. Reynolds seconded the motion. Upon roll call, the motion passed with a unanimous vote of 7-0-0. • • Planning Commission Minutes June 10, 1996 Page 15 CCP96-1 GLENWOOD SHOPPING CENTER DON COZART/KEITH CEARLEY - SE CRN OF HWY 45 & 265 The next item on the agenda was the concurrent plat for Glenwood Shopping Center submitted by Northwest Engineers on behalf of Don Cozart and Keith Cearley for property located south of Meandering Way and west of Crossover. The property is zoned R-1 and contains approximately 10.02 acres. A waiver of the culdesac length was requested. Staff recommended approval of the concurrent plat. Ms. Johnson noted the plat split the tract into two parcels. She stated the original large scale development plan was approved in 1994. (Ms. Johnson asked Mr. Allred to chair the discussion and she excused herself.) Ms. Little stated that the concurrent plat only addressed the separation of the tract into a minimum of 5 acres parcels. Mr. Gray stated a shopping center was planned on the site and plans for that would be submitted Mr. Allred inquired if the conditions of approval for the large scale development approved in 1994 would be in effect for this project. Ms. Little stated that those requirements are not being considered with the concurrent plat but • staff would recommend that those same conditions of approval (i.e, drainage issues and a sound dampening wall) would apply. Mr. Jeff Erf, residing at 2711 Woodcliff Road, inquired if the split the tract would restrict the placement of any storm water management structures. Mr. Allred responded that it would not. Ms. Little added that the drainage report would be encompass the entire tract and a joint access easements would be required. MOTION Mr. Head made a motion to approve the concurrent plat as presented. Mr. Reynolds seconded the motion. Upon roll call, the motion passed with a vote of 6-0-1. Ms. Johnson abstained. 40 i9 • Planning Commission Minutes June 10, 1996 Page 16 PP95-23.2 MARVIN GARDENS, PH 1 ROBERT WESTPHAL - S OF MEANDERING WAY W OF CROSSOVER The next item was the preliminary plat for Marvin Gardens, Phase 1 submitted by Jorgensen & Associates on behalf of Robert Westphal for property located south of Meandering Way and west of Crossover. The property is zoned R- I and contains approximately 10.02 acres. A waiver of culdesac length was requested in connection with this plat. Staff recommended approval subject to the following conditions: I . Planning Commission approval of the culdesac length. 2. The developer will provide the right of way for a street connection to Ridgely as part of Marvin Gardens, Phase 1. 3. The developer must provide the 3 P standard city street connecting to Ridgely prior to development of any other phases beyond the 27 lots shown as phase 1. 4. Staff approval of the final grading, drainage, street, tree, and water and sewer design plans. Improvements shall meet the City Engineer's latest criteria. 5. Parks fees are in the amount of $7,800. • 6. Construction of other required improvements, including sidewalks on both sides of all streets and street lights as shown and discussed at the plat review meeting. 7. Easements and crossings as requested by utilities at Technical Plat Review Mr. Tucker inquired if consideration had been given to drawing phase one along the right of way to Ridgely. Ms. Little stated there was a concept plat depicting the entire layout but a different phase order was not discussed. Ms. Johnson stated the maximum length for a culdesac was 500' and this development shows one connection to the north at Boardwalk and the street would be stubbed out to the east and south. She noted the developer had offered the right of way to connect to Ridgely. She inquired regarding the distance of this phase to a connection to Whispering Oaks. Mr. Jorgensen stated that was around 2200'. Ms. Darlister Mitchell, chairman of the Boardwalk property owners association, expressed concern regarding access to the proposed subdivision, traffic and safety impact on the Boardwalk neighborhood, and drainage issues. She further expressed concern regarding the density and fire hazard with only one access to the proposed subdivision. She requested that the Commission consider approving the development only if there were two entries to Phase 1 and two entries with any subsequent phase development. She suggested that the phase order be changed and she requested a detailed drainage study by an outside drainage consultant. Mr. Rich Pryor, a resident of Boardwalk, expressed concern regarding the street grade (16%) resulting in his being unable to use the street and reach his driveway during inclimate weather. Mr. Steve Nolan, a resident on Manor drive, expressed concern regarding drainage issues and the density of the proposed subdivision. He requested that the number of lots be restricted. • Mr. Bobby Babcock, a resident on Manor Drive, spoke in opposition to the proposed subdivision and requested that the density be reduced. • Planning Commission Minutes June 10, 1996 Page 17 the density be reduced. Mr. Jim Beavers, a resident on Meandering Way, spoke in opposition to the proposed subdivision and expressed his concern with drainage. Ms. Vicky Highland, a resident on Londonderry, opposed the subject development and expressed concerning regarding drainage. She requested a detailed engineering study. Ms. Pat Molly, a resident on Meandering way, opposed the subject development. Ms. Johnson inquired as to where the drainage would run and Mr. Jorgensen stated it drainage to the northeast to a proposed detention pond. Mr. Jorgensen gave the history of the subject project and attempts to obtain approval for development. Mr. Head inquired regarding a possible connection to Arthur's Court. Mr. Jorgensen responded that he had check with the property owner who was not interested in developing at this time. Mr. Head inquired as to the length of the possible connection and Mr. Jorgensen approximated that distance to be around 227'. Discussion ensued regarding requiring the developer to construct a connection to Ridgely with this phase. Ms. Little requested that the discussion and consideration of an immediate connection be postponed until the developer and staff could provide notification to the adjoining property owners. • MOTION Mr. Head made a motion to postpone the question until various connection options could be check out and adjoining property owners notified. Mr. Reynolds seconded the motion. Discussion ensued regarding topography in the area and where the grade decreased. Upon roll call, the motion passed with a vote of 6-1-0. Mr. Odom voting against the motion. • • Planning Commission Minutes June 10, 1996 Page 18 RZ96-12 CANTERBURY PLACE PERRY/VERNAL CRAWFORD - N OF JOYCE W OF CROSSOVER The next item on the agenda was the rezoning request for Canterbury Place submitted by Northwest Engineers for Perry F. And Vernal L. Crawford for property located north of Joyce Boulevard and west of Crossover. The property is zoned A -I and contains 13.93 acres with 14 proposed lots. The request is a rezoning to R-1. RZ96-13 CANTERBURY PLACE PERRYNERNAL CRAWFORD - N OF JOYCE W OF CROSSOVER The next item on the agenda was the rezoning request for Canterbury Place submitted by Northwest Engineers on behalf of Perry F. And Vernal L. Crawford for property located north of Joyce Boulevard and west of Crossover. The property is zoned A-1 and contains approximately 6.37 acres with 9 proposed lots. The request is a rezoning to R -O. Staff recommended approval of RZ96-12 from A-1, Agricultural to R-1, Low Density Residential which would be consistent with General Plan 2020 as well as being consistent with the residential zones to the east and west. Staff recommended approval of RZ96-13 from A-1, Agricultural to R -O, Residential Office which would be consistent with General Plan 2020 as well as allow for a mix of uses, and compliment the adjacent residential property while discouraging commercial strip development patterns along major highways. • Discussion ensued regarding the plat as distributed which contains an error at the demarcation line. Ms. Little stated lot 16 would be residential only. Mr. Richard Brown, a resident of North Crossover, spoke in opposition to the proposed rezoning and expressed concerning regarding tree preservation. Ms. Little stated that R -O would require 20% preservation and R-1 would require 25%. Mr. Robert Shaw, a resident on East Joyce, spoke in opposition of the proposed R -O rezoning but he supported the R-1 zone and he expressed concern regarding traffic, and devaluation of property values. Mr. Ted Brewer, a resident on East Joyce, spoke in opposition of the proposed R -O rezoning and he expressed concern regarding traffic. Further, he presented a petition opposing the rezoning (on file in the Planning Office.) Mr. Jim Lindsey, Realtor, spoke in opposition to the R -O zone and he expressed concern regarding compatibility with existing zoning and devaluation of property value. Mr. Dick Wise, a resident on Joyce, spoke in opposition to the proposed rezoning. Mr. Bob Franz, a resident on Joyce, spoke in opposition to the proposed rezoning. Mr. Jack Bale, a resident on Joyce, spoke in opposition to the proposed rezoning. MOTION Mr. Allred made a motion to approve the RZ96-12 rezoning 13.93 acres from A-1, Agricultural to R-1, Low • Density Residential. Mr. Reynolds seconded the motion. • Planning Commission Minutes June 10, 1996 Page 19 Mr. Odom inquired as to who owned the subject property and Mr. Jones stated that Dr. Crawford was selling the parcel to Charlie Sloan and Mike Hill. Mr. Head stated he was involved in the financing of this transaction and he stated he would abstain. Upon roll call, the motion passed with a vote of 6-0-1. Mr. Head abstained. MOTION Mr. Reynolds made a motion to deny RZ96-13 rezoning 6.37 acres from A-1, Agricultural to R-1, Low Density Residential. The motion failed for lack of a second. MOTION Mr. Allred made a motion to approve RZ96-13 rezoning 6.37 acres from A-1, Agricultural to R-2, Medium Density Residential. Mr. Allred stated the neighborhood had indicated they would support R-2 and he recognized it was a deviation from the General Plan 2020. Mr. Reynolds seconded the motion. • Ms. Johnson inquired if R-2 zoning would allow any office development and Ms. Little responded Unit 25 would allowed under conditional use upon appeal to the Planning Commission. Discussion ensued. Mr. Jones stated he was aware that rezoning approval required five positive votes and he inquired if he had the option to table the request. Ms. Johnson stated the request could be tabled. Discussion ensued and Mr. Jones requested the roll call. Discussion ensued regarding staff recommendation since the R -O rezoning request failed. Ms. Little stated staff recommended R -O and she expressed concern regarding rezoning to R-2 because of the high density allowed in that zone. Upon roll call, the motion failed with a vote of 4-2-1. Ms. Johnson and Mr. Tucker voted against the motion and Mr. Head abstained. MOTION Mr. Tucker made a motion to approve RZ96-13 rezoning 6.37 acres from A-1, Agricultural to R -O, Residential Office. The motion failed due to lack of a second. a0l"Wra Mr. Allred made a motion to table the request until the next meeting to allow the developer and staff time to revaluate and formulate a new plan and new staff recommendation. 0 Mr. Reynolds seconded the motion. Planning Commission Minutes June 10, 1996 Page 20 Upon roll call, the motion passed with a vote of 6-0-1. Mr. Head abstained. Meeting adjourned at 9:15 p.m. • • �J