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HomeMy WebLinkAbout2000-10-23 Minutes• • MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on October 23, 2000 at 5:30 p.m. in Room 219 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS CONSIDERED RZ 00-24.00: Rezoning (Martin, pp 755) Page 44 CU 00-26.00: Conditional Use (Gunnell, pp 213) Page 46 RZ 00-25.00: Rezoning (Caudle, pp 400) Page 55 AD 00-19.00: Administrative Item (General Plan 2020 Update) Page 2 MEMBERS PRESENT Nancy Allen Don Bunch Conrad Odom Lee Ward Lorel Hoffman Don Marr STAFF PRESENT Tim Conklin Sara Edwards Sheri Metheney ACTION TAKEN Approved Approved Denied Forwarded MEMBERS ABSENT Bob Estes Sharon Hoover Loren: Shackelford STAFF ABSENT Ron Petrie • • Planning Commission October 23, 2000 Page 2 Consent Agenda: Approval of minutes from the October 9, 2000 meeting. AD 00-19.00: Administrative Item (General Plan 2020 Update) was submitted by the General Plan 2020 Update Subcommittee for updating the General Plan 2020 including the Master Street Plan, Planning Area Boundary, Future Land Use Plan and General Plan Text. Odom. Good evening ladies and gentlemen, welcome to the October 23, 2000, meeting of the Planning Commission. The first item on the agenda is being moved to the last item. AD 00-19.00 will be the last item heard tonight. Does anyone have any corrections or additions with regard to the minutes from the October 9, 2000, meeting? Seeing none, will you please enter those minutes in the record? The last item we have on tonight's agenda is item number one. Administrative Item, General Plan 2020 Update, submitted by the 2020 Update Subcommittee. Staff, do you want to make a presentation at this time? PLANNING AREA BOUNDARY: Conklin: Yes I would Mr. Chairman, members of the Planning Commission. I'll start out by going over the four items that we have looked at this past summer. We have had five subcommittee meetings, public hearings this summer and this fall and at the last Planning Commission meeting we took public comment and kind of went over some other revisions to our General Plan 2020. General Plan 2020, 2000 revision is required by a resolution when this plan was adopted in 1995. We have looked at our Planning Area Boundary, our Future Land Use Plan, our General Plan 2020 text and our Master Street Plan. All four documents and maps have been revised and I'll go over those revisions this evening. First with out Planning Area Boundary, we are adding two additional areas. That is the area shown in pink on this plan. That includes the land that is currently unclaimed in Washington County that is east of Lake Sequoyah. That's one area that will be expanding our Planning Area Boundary. The other area is west of Double Springs Road. That area lines up with the most western boundary of our Planning Area Boundary. It has been brought down to Double Springs Road Those are the two areas that the Subcommittee recommended to expand our Planning Area. This past spring, we looked at all the different communities planning area boundaries, that's what this map represents also. Different colors are the different cities planning areas. There were three conflicts with regard to cities claiming each other planning area jurisdictions or planning areas overlaps. I have worked with the Regional Planning Commission and Farmington and Greenland, they have been contacted and they are in agreement to clean up these conflicts that includes splitting the difference with Planning Commission October 23, 2000 Page 3 Farmington on their southeast side. There is a small area of Greenland planning area and Fayetteville planning area that conflicts just to the north of Greenland. We would be giving that up to Greenland and then there is a Targe area south of Drake Field, south of Fayetteville city limits that both Fayetteville and Greenland are currently claiming together and splitting that difference. The green areas would be going to those cities. The areas shown in pink we would be keeping or maintaining. I thinks it's important to clean these areas up This was discovered, if you recall, last spring. We did a new planning area boundary and created a planning area legal description and stapling coordinates and basically removed conflicts where we actually went into other city limits where there are conflicts outside of our city limits in different areas and clean that up. This planning area revision is to clean up those overlaps now where both cities are claiming the same area Right now if someone wants to do a lot split or development subdivision, they would have to go to Fayetteville, Greenland and Washington County, so there is three different jurisdictions they have to go to. That's one thing I want to try to clean up and get corrected. With the help of the Regional Planning Commission we will be able to get that done. Those are the changes to the Planning Area Boundary map that the Subcommittee recommended and staff is recommending to go forth to the City Council. Hoffman: I have just one question about the planning area in Farmington and it's relation to the location of the proposed wastewater treatment facility. Conklin: The wastewater treatment facility that 300 acres we annexed, did include a small portion of the Farmington planning area when we amended our Planning Area last spring, we followed our city limit lines around that 300 acres. Hoffman: Is it just north of the pink? Conklin: Yes. Hoffman: Okay, that's what I thought. Conklin: That's been corrected our Planning Area Boundary now follows our city limits around our wastewater sewage treatment plant proposed site. Hoffman: Thank you. Planning Commission October 23, 2000 Page 4 FUTURE LAND USE PLAN: Conklin: The next plan is our future Land Use Plan. This summer we looked at revisions to our Future Land Use Plan and there are three areas that we have changed that includes the area along Porter Road and I-540 just north of Deane Street. That has been changed from residential to community commercial. There is an area that at the last Planning Commission meeting the Commission voted on at Drake and 112. That has changed from mixed use to regional commercial. There is a small area just east of Futrall where Hank's Fine Discount Furniture Store is located that includes Carstetter and Glass, an office building and single family home, that has been changed to community commercial. We do have additional request that the Commission looked at on Thursday during the tour and that is Shiloh and 1-540 just north of Arkansas Book Service. I have additional information I will pass out after I get through with my presentation. Overall, the Future Land Use Plan has been updated by taking our 1995 plan looking at recent rezonings within the last five years and if there were rezonings that changed something from residential to office or residential to commercial those areas have been shown either as community commercial or regional commercial depending on the zoning. Typically regional commercial is C-2 zoning, neighborhood commercial is C-1 zoning so those have been modified. Overall, I have not made any changes with regard to showing new additional commercial areas only those areas that I have gone over tonight are the areas that have changed. With our Geographic Information System, we can get down to ten square feet so the lines are very precise with regard to where buildings are located and property lines. There was a lot of clean-up work taking a general plan done five years ago that was not very defined at a lot by lot or building by building level and to get it into this format where with our technology today you can use a computer system to take a look at where that classification is currently located. Those are the changes to our Future Land Use Plan. It will change also if we do amend our Planning Area Boundaries to include those two additional areas I talked about and modify those areas that we will be giving up also. The final document will have some different boundaries on them from what you see tonight because I did not show those proposed changes to the Planning Area. Those areas will be shown as residential. Hoffman: On more thing. A citizen talked to me today about adding regional commercial at the comer of Deane Solomon right next to the High Tech Park, there is some A-1 land that is now shown to be I believe it's Moore Lane and there is shown regional commercial just directly adjacent to that property. High Tech park is to the north. That property is shown neighborhood mixed use or neighborhood something or another. That person was requesting to be considered for regional commercial since there was adjoining regional commercial. • • • Planning Commission October 23, 2000 Page 5 Conklin: She did talk with me this morning. I did not have time to prepare any maps. I did offer for her to come to our office and meet with one of my staff members to look at it and at least prepare some type of map or document so we can evaluate it. At this point in time, I'm not exactly sure where the property is located and don't have any recommendation with regard to that request. Once again, if this does get approved here tonight at Planning Commission it will go forward to City Council for action. There would be time in between Planning Commission and City Council to get with our staff or me and take a look at it. With regard to all these requests from the public and through the public participation process, I do take the time to go out and look at these sites and look at the maps and try to make a recommendation for the Commission for you to consider. I did not have time from this moming today to right now to make a recommendation. Hoffman: I didn't think this was going to be the final end for the person to make the request so I thought I would bring it up since I got the call. It seemed it would be plausible because there was regional commercial directly next door and no residential. Odom: I think there has been sufficient notice on the record that that request has been made and that staff will be looking into that and will make a report to the next body on that issue. Conklin: Sure. I offered that to the applicant too. Hoffman: Thanks. MASTER STREET PLAN: Conklin: We also looked at our Master Street Plan. We have made revisions to our Master Street Plan. I will go over some of the bigger or more important changes that we have made and that includes extending Arkansas Avenue to North Street and showing that as a collector street by showing that as a collector from Arkansas to North. We have removed Gregg Street down to Maple Street and also removed Prospect Street connection to Cleveland Street so those have been removed as recommended by the Subcommittee. Within our Research and Technology Park we have removed the collector street connection to Truckers Drive within Crystal Springs Subdivision future phases we have realigned that street to match past actions with regard to subdivisions and that subdivision basically not removing a street but realigning it to match up with what has been approved. Also the Bridgeport Subdivision I looked at that collector street it did not line up exactly with Bridgeport Phases I through 6 and have realigned Planning Commission October 23, 2000 Page 6 that street to match up with those future phases. We are removing a street that currently is shown as a collector between Fieldstone Subdivision and Dawn Acres, that has been removed. Those lots and subdivisions were being built at the same time this was going through in 1995 there is no right-of-way that has been retained where that future street connection so that's a clean-up item it is impossible to build unless you go through their back yard so that's being removed. There is a collector street out west of town between Wheeler Road and Jess Anderson Road and that currently is going through a subdivision also and that is proposed to be removed. Those are the changes on the Master Street Plan with regard to streets that are being removed or relocated. I have designated additional streets as collector streets on the Master Street Plan. Those streets designated as collector streets, our existing streets, most of them are within our Planning Area. Most of them are being used to provide access to new lot splits and subdivisions. In the future they are not going to be a local street based on the traffic that they will be carrying to serve the growth and development within these areas. Therefore, I designate those as collector streets. For you information and the public, a collector street is a two lane street, thirty-six feet wide back of curb, back of curb. The remaining streets how they are classified are four lane streets from a minor arterial with 90 feet of right-of-way to a principal arterial with 110 feet of right-of-way to the. freeway/expressway designation we have. There have been no additional minor arterials, principal arterials or freeway/expressways shown on this plan. All the existing streets, those streets I just went over were shown on the 1995 plan. So there are no proposed changes, additions to those classifications. The only additional streets shown are collector streets. I just want to make sure everybody is clear on that. Within our general plan 2020 text document we do have a table that we have developed that identifies each street segment, how it's classified, how much right-of-way currently exists, how much right-of-way is needed to build street in the future and the length of street. That table replaces the table that was in 1995 that was very general, somewhat difficult to understand where the street started and ended. All these streets have from and to, they are broken up into segments from if it's currently four lanes and it's shown as a minor arterial and then it turns into two lanes, those segments are broken up and defined. So, we know exactly what streets we have on our Master Street Plan, how many lanes they are, how long they are and where they are located. That's a change and I have that this evening that I will hand out also. Those are the maps. GENERAL PLAN 2020 TEXT: Conklin: Last time I went over some of the changes in our General Plan 2020 text. I'm not sure if you would like me to do that again. We have added policies with regard to tree protection/preservation through the use of conservation easements or tree easements. • • Planning Commission October 23, 2000 Page 7 Odom: Stuff we talked about last time, right Tim? Conklin: Yes. Odom: As stimulating as that was then, I don't think we need to hear it again. Conklin: Those are the changes. If you have any questions, I'll be more than happy to answer them. Thank you. PUBLIC COMMENT: Odom: Thank you Tim. What I would like to do now is ask for members of the audience that would like to address us on these issues to please come forward at this time. Gallman: I'm Janet Gallman Ricker, I live over there off of Harold on Lee Avenue. The last time you met, Mr. Estes was kind enough to let you know that if he would mention the fact that you have a road going through my bedroom that I would go home and not mess with you all a couple of weeks ago. I've since had the opportunity to meet with Tim and look at it. 1 don't know if Tim has changed it on his map but I thought we had determined that Bertha Street was incorrectly designated as a collector street. Bertha is that one that comes right in my driveway and right past my bedroom window. There was no right-of-way between the end of Bertha and on through the Firestone Building out to College Avenue. Harold Street for some reason, wasn't designated as a collector street, it wasn't yellow. Harold is that collector street and they did improve Harold to do the curbs to go down Stubblefield Road and out that direction. Tim, if I'm mis-stating it please, by all means, let me know. I thought that is what we determined by looking at the pictures on the computer and I just wondered what, if anything, we had done with regard to an amendment of the plan with respect to the road going through my bedroom. Conklin: Mr. Chairman, I have passed down a map showing that addition of Bertha Street to College Avenue, it appears to go along near Ms. Gallmans' house, it does go through the Firestone Tire Center. I'm not opposed to removing that. I think if we do re- classify it we should take it down Lee Avenue and bring it back over to Harold Street. That way it would avoid those two structures. Odom: Conklin: There was a considerable amount of work that was done to Stubblefield Road. The City of Fayetteville is getting ready to do some work on Harold Street. • Planning Commission October 23, 2000 Page 8 Odom: Which connects to Stubblefield. Conklin: It does connect to Stubblefield. Odom: Harold is not currently designated a collector? Conklin: No, it's not. Odom: It certainly functions as one. Gallman: It certainly does. Conklin: The idea was to provide more of a direct connection from Stubblefield onto Bertha down to College. There are existing buildings there. The City is getting ready to do some work on Harold. I have no problem making that recommendation to make that change. Gallman: It was my impression that in 1995 and maybe even earlier that this exact issue was discussed and that's why the improvements were made to Harold as it makes the curbs to on through Stubblefield. It may not have gotten done on paper to downgrade Bertha and upgrade Harold but in reality Harold does function as a collector street and makes those nice curbs and Harold, as it curves it becomes Stubblefield. Harold itself has been widened and paved and more development down in that area and more residences. Those two converge and come back out on Old Missouri. Both of those roads have been improved and converged together with the new entrance on Old Missouri. I'm still concerned about it and I would certainly appreciate not having to tum down my house and the Firestone Building and the rest of us there. I think Harold functions very well as a collector street and it keeps the traffic to a minimum there coming up Bertha. The traffic has decreased a lot since Harold was improved. That's the majority of the traffic coming from the highway. We get some that comes across the old Consumer's parking lot and comes down Lee Avenue and cuts down Bertha and you will hear about that at some other point. We do get some cut -through traffic off of that commercial development up there but it's not anything like Harold Street. Thank you. MOTION: • Ward: I'll go ahead and make a motion that we change Bertha from a collector to a local street. Do 1 need to make a motion about changing the new location to Harold as a • • • Planning Commission October 23, 2000 Page 9 collector Street? Conklin: I think you can put that in the same motion. Ward: Personally, I would rather see a bulldozer start out tonight and run on through there but since that is not going to happen, I'll go ahead and make that motion. Bunch: I'll second. Odom: I have a motion by Commissioner Ward and second by Commissioner Bunch to move the collector status from Bertha Street to Harold Street. Any further discussion? Hoffman: I would like to know if there is anybody that is here living on Harold Street that would like to speak to us before we vote? Odom: Is there anybody here on Harold Street that would like to visit with us on this issue or any member of the audience like to visit with us on this specific area we are talking about here on Harold Street? Seeing none, will you call the roll? ROLL CALL: Upon roll call the collector street status change from Bertha to Harold is approved on a unanimous vote of 6-0 0. Odom: Janet, you know better than anybody that's not worth the paper it's written on until the City Council does something. Anybody else like to address us on this issue, please come forward at this time. Haines, Larry: I live at 3781 Sassafras Hill Road I own a house there and also a smaller house which is a rent house at 3693 Sassafras Hill Road. Also 1 and my wife were the developers of Woodview Estates Subdivision which has a road called Estate View Road and it runs west off of Sassafras Hill Road. There were about eleven lots in that subdivision. They have all been sold and all except two of them have what I would call nice residential homes on them. So I guess the area of my concern is, I must have been living in a cave for the last five years because this is the first I've ever seen anything about this East Fayetteville Bypass. I did see a map yesterday and it's got an East Fayetteville Bypass on it which looks like it runs about a quarter of a mile to the west of Sassafras Hill and crosses 45 and according to a little map I put together here from the county, it looks like it either runs across a many number of houses or runs awfully close • • • Planning Commission October 23, 2000 Page 10 to them. I would be glad to offer that to anybody who wants to look at it. I don't know if this is 100% accurate or not. This is all new to me. My other concern is with another little road on here that looks like it connects the end of Estate View with a road to the west who's name I don't know and I can't read it on the map. Maybe somebody can help me. Odom. I believe that would be Bridgewater Lane. Haines: That's right. That's what it is. Estate View was just put into service this little subdivision, it's hilly, it's curvy and it ends in a cul-de-sac and certainly, as a developer, it was never my intention that it would become part of some county wide road network. It also would certainly depreciate the property value at the end of the road. I'm concerned with what I see. I don't have any idea what this east Fayetteville bypass would look like, how big it would be. Is it going to be another 265 or are we going to have commercial development along it? Is there going to be zoning? Right now there wouldn't be any because we are in the county. There are huge areas of concern here when I see something like that going in to what looks like a low density residential neighborhood. Odom: Staff, would you like to go over the whole process as to when this was adopted and what a bypass is and so forth. Conklin: Sure. Once again, the idea of the Eastern Bypass that was adopted in 1995, it's in the very preliminary early stages of planning. There was a major investment study done two or three years ago that looked at potential routes for that. Currently is not a state highway project. There is not state or federal funding for it, it's a city project. The way the Master Street Plan works is that when development does occur subdivisions and lot splits, that we do try to reserve right-of-way and make sure people understand that when they live in an area that 20, 30, 40 or 50 years from how that additional streets/roads will be needed to serve a population out in this area. A lot of the streets shown on the Master Street Plan are not included in our capital improvements program. We do use them as a tool to make sure that as development occurs over the next 20 years that we do have streets that connect together. With regard to your experience of developing property out in this area, our planning area, this is a great concern of mine. I battle with developers every two weeks with regard to this. They all want to just build a private road to serve their development and not provide access for future development. I saw recent article in one of the newspapers regarding residents battling over whether or not they can have access to a road. Our Master Street Plan is a way to insure that we do have adequate public rights-of-way, adequate area that we can • • Planning Commission October 23, 2000 Page 11 make sure that 20 or 30 years from now, we can have streets that connect to each other and get you back into town. That's how that works. It doesn't mean that we are going to build these streets in the next 5 or 10 years but it's to start the early planning to at least identify where these facilities should be located. Odom: Mr. Hansen this is one of those perfect catch 22 situations because you have people that come to you and they say "You are not doing your Job. You are not planning for future growth. You are not doing what you need to do" It's hard to plan for future growth and when you do do that, you put mechanisms in place that will insure when you do grow that you do so to where there is minimal impact on the quality of life that we have here. Whenever you do that, you always bring up other problems for the people that are already there. That's what we are faced with here. We have to balance that very carefully. If we didn't have an Eastern Bypass in the works, then 10 or 15 years from now it became even more developed than it is out there because it will become more developed than it is out there, if we didn't make some provision for it now, it would even be more difficult to do it then and we would be faced with even greater traffic situation than we currently have. I think you will agree with me, especially out there east of Highway 45, we have a tremendous traffic problem or one that is growing every day. All the development that is going out there. This is nothing more than a general concept and there is nothing in the works to build this road currently. It just means that as development goes up and grows out there that those people are put on notice that there will be certain requirements with regard to setbacks and so on and so forth. I don't think it means that the City of Fayetteville is going to come out there and bulldoze a road right there within the next ten or fifteen years, to be honest with you. Conklin: You are not going to see any of our land agents requiring right-of-way or paying for easements at this time. It's in the very early stages. Odom: There have been a tremendous amount of public information that's put out there. I know sometimes that is kind of hard to catch but when these things were going through there was a tremendous amount of notification. Haines: Where property owners notified where this right-of-way would affect them. Go right through their houses or something like that? Odom: To notify all of them, it would be a tremendous cost to do that. You are essentially talking about half the population of the City. What you have is you have public notification through the papers and that process. Private notification would come into play when you start to develop a certain area That is when the private notification • • • Planning Commission October 23, 2000 Page 12 Haines: issue comes in is when a specific area is targeted and something more final than just a general plan comes into play. Also, keep in mind this is just a general concept as to where this road is going to go. It could be to the left, to the right or abandoned completely. For instance we are doing that tonight as much as we would like to bulldoze right through Janet's house it probably is in the best interest of the City not to do that. Those plans don't always follow through. Maybe it is in the best interest of the City to do that Janet. It doesn't affect me personally but I mean it's clear that when these lines get drawn, they go right through people's property and it certainly effects their property values and the marketability of it. That would just be a general observation. Conklin: That's the next major issue that I'm dealing with on a daily basis is every time you have a subdivision or lot split outside our city limits in this planning area, they are all using Sassafras Hill Road or Mally Wagnon Road. We do need to plan now to make sure that we have roads that are going to connect to each other and provide access into these areas and they are no longer just going to be local streets. They are going to serve more than a local street currently can handle. We are just trying to make sure we are planning for the future in these areas. I think everybody understand what's occurring in Washington County and the growth that's occurring. We are trying to make sure that 20 or 30 we do have streets that go somewhere. We are making sure that we have that right-of-way and that right-of-way is being planned and preserved. That's what we are trying to accomplish with this Master Street Plan. Odom: Thank you very much Mr. Haines. Hoffman: As chairman of the Subdivision Committee we see, with staff, a patchwork quilt of developments coming in and the majority of them are in the eastern area. If it were not for the Master Street Plan, this is analogy for you, Township Road, who would have envisioned Township 20 years ago being what it is today. Through the development process we have a good street with, I know it's congested out there, at least we have a connection of Township occurring because we were able to connect streets through differing subdivisions in such a way that it's safe. It allows traffic to flow, not putting it all on the existing 45 and so on. It se ms to me since I have been involved in that process, it has worked quite well. Of course, you have a lot of vacant land, that was where Township is now, under development now and I envision the same thing to happen here but it's going to take a while. That's my two cents worth. Planning Commission October 23, 2000 Page 13 Odom. Please come forward. Yazwinski, Tom. Odom: Yazwinski: Odom: Yazwinski: I live out on Sassafras Hill Road and I wish you would enlighten us as to what sort of a path this bypass takes from this point on. What are the steps that are taken starting now to envision where that bypass is going to go and to actually allocate that land for the particular bypass? Probably the more proper body to ask that question to is the City Council because we as the Planning Commission don't have a way to appropriate funds currently... Evidently you draw a line on a map saying "This is where it should go." That's not us We make... Who drew that line on that map that put it just a little bit west of Shelton Drive? Odom. The City Council approved the Master Street Plan after many many public hearings and again... Yazwinski: Conklin: Yazwinski: Odom: Was there maps put in the newspaper delineating exactly where these proposed bypasses were going to go? I'm not sure whether or not a map was... I have never. I have seen one map. We do live quite a bit under rocks out there east of town. That's why we move out there to be out of the town. Out of the commotion. Out of the city. I guess we don't keep up with the news all that well. I've only seen one map and that was when 1 went to Springdale a week a go for their overview of what they envision 412 Bypass to do and they only had Fayetteville having a corridor, a possible corridor for the bypass somewhere between Shelton and Aperton Road. The person they had running that meeting up there, I'm not sure who it was said that, in his opinion, that's how concrete it was, just a corridor. Now evidently a line has been drawn to a lot of public participation that I've never heard about. I'll admit you can't go to every house out there and knock on their doors and tell them but perhaps a sign on the side of the road, right on 45 saying "Bypass will go through here." That's part of the problem is we have a line that is drawn for general concept only. We do not have a line that is set out by survey... • • • Planning Commission October 23, 2000 Page 14 Yazwinski: Odom: Yazwinski: Odom: Yazwinski: You've got public input for that line. How did you get public input if you didn't let us know out there that that's where the line is going to go. Since 1995 there were plenty of public meetings that took place on this issue. I'm sorry that you were not aware... We distributed fifty flyers two days ago, my wife and I and we talked to about thirty people. Out of those thirty people that live on Fox Hunter Road, Estate View Road, Sassafras Hill Road, thirty people we talked to maybe three of the thirty heard about this bypass going in, that it was actually already a line on a map someplace. Maybe we ought to re -think how the public word gets out there and let the people know that a four land road is going to go right in their area of town. Admittedly, it has to be done. The east/west traffic is terrible. Evidently, this is to take care of a lot of that east/west traffic. Take Route 16, take Route 45, take Route 412 and somehow keep it from coming through those towns. Admittedly; it's required. It's necessary. Before you start drawing a line on a map, put a sign near someplace. Let the people in that immediate area know. You require everybody to come to you and let you know when we want to do something different with our land. When you put lines through fifty houses on a map someplace and think about putting a four lane road through back yards, front yards and side doors, you ought to let those people know that that's what you are at least going to be thinking about. Just getting on the news at night and saying "This is where the bypass is going to go. That's what we are thinking about." You can get a lot of stupid people like me that just live out there in tranquil east Fayetteville to pay attention. That's all I'm saying. So many people did not know about it. Well thank you for your comments... One more comment. If you think where it is penciled right now is going to handle the traffic problems that you will have 15 or 20 years from now, it ain't going to happen. There is already too much traffic east of where you have scheduled that bypass to go in. When you come on Sassafras Hill Road at the 45 sometimes you have to wait 10 minutes to get on Route 45 because of all the traffic that's coming in out of Goshen. I envision a bypass as something that takes care of not only the problems today but what you perhaps are going to see down the road 10 or 15 years from now. Already where you have that bypass positioned is behind the times. It won't take care of the problems you have now for the traffic problems right there at Route 45. It's already too late for that position. I see you have a bypass go out to where the traffic is coming from, which is east of that point. That's all I got. • Planning Commission October 23, 2000 Page 15 Odom: Anybody else like to address us? Rosen, Elizabeth: I live at 5723 Estate View. The proposed line that you have drawn actually goes through my house, yard and septic tank so I do have some concern. I certainly realize that this is not concrete in stone and there could be a lot of changes depending on the development out there. What I would like to know is who decides where it goes, how it is the site it goes and how can I keep in touch with that committee that is drawing those lines so I may understand what they are doing and what the future holds for my property. Conklin: Currently, the Northwest Arkansas Regional Planning Commission has shown on their plan what was adopted in 1995. They show a corridor that was identified as part of a major investment study.' his very, very preliminary. There has not been any detailed route study done, no environmental review with regard to where it's going to be located. There has not been a route that has been decided on. Once again, with regard to the line on the map that was put on there five years ago. I'm trying to answer your question about how it got on there and the location. The idea is to plan for an eastern bypass. Where do we go from here? Currently, it's not funded by the State of Arkansas Highway Department. The City doesn't have funds in their CIP to implement this. As we continue to grow and work through Northwest Arkansas Regional Planning Commission, I hope the City can make it a state highway project to fund it. Through that process they would do the route studies and the environmental review and determine the most appropriate location. Odom: Ms. Rosen's question relates to living out on Estate View Road, that is shown to be going through to Bridgewater Road and I think that was what her question was about. Rosen: I only lived here five years. Conklin: Okay, with regard to that road, I don't have my Master Street Plan in front of me, what's it classified? Odom: It's classified yellow. Conklin: A collector street. Collector streets are two lane roads. Instead of a twenty-eight foot street, it's a thirty-six foot wide street. What would typically occur is if we have a development, subdivision or a lot split they would be required to dedicate the right-of- way and build that street. If it's out in the County, which it is, typically they will dedicate the right-of-way, the actual street construction will be left up to the • • Planning Commission October 23, 2000 Page 16 Washington County Planner or the County Planning Board. It's not a four lane street, it's a two lane street. Even in Fayetteville, the City doesn't have all the funding we need to make all our collector streets to meet that standard. If it occurred next year, you had development occurring next year, much likely if it's a gravel road, the County Planner would probably go with a gravel road, it's not going to be built. Odom. Elizabeth, what I've seen in situations like this before, if your home is here and you have a piece of property here and there's a line going through that piece of property that shows some connection to your piece of property, you are given notice at that time, personal notice and then you go the meetings and you say "Listen, you are wanting to connect right through the middle of my house." and the work is done to where the connections is done at a more appropriate location at that time. That's typically how that process works. Rosen: 1 understand that. I'm not to that point yet because I realize this could be 15 or 20 years down the road. 1 might not even live in that house. What I want to know is how can I as a resident on Estate View Road keep a tab on the pulse of the situation so I will know what's happening ahead of time and get to give input and help my neighbors and I understand what's going on. So where do we go and who do we contact on a semi regular basis whether it be yearly or every two are three years to find out what is going on and how can we keep track of that? That's my question. Conklin: You can contact the Planning Division, my office. When we do have development occur, we do put signs out and adjacent property owners are notified. We do publish our agenda in the newspaper in a display ad the Sunday before the meeting. Rosen: We can call you on a yearly basis and say "Where is this plan at now?" Conklin: Sure. Rosen: Do you envision this plan being adjusted in five or ten years? Conklin: I thought you meant what was actually occurring in your neighborhood. With regard to the plan every five years it's updated. Rosen: So every five years the lines could or could not move then is what you are saying? • Conklin: That's correct. What I went over this evening with regard to our Master Street Plan were the changes that were made since 1995. The only streets that have been added • Planning Commission October 23, 2000 Page 17 are collector streets. We haven't changed any of the other streets that are classified as arterials or freeway/expressways. Rosen: I think it's a little premature to say this is exactly where this bypass is going because in 15 or 20 years, the traffic of the east side of town will be so booming I'm sure that road will change at some point in time. 1 do want to be able to keep a tab on what's going on. Thank you. Odom: Anytime you have an update or revision with regard to whether it's the Master Street. Plan or the General Land Use Plan, those are posted in all the major newspapers so I would encourage you to be sure to read the agendas when they come out in the newspapers because those are posted. Marr: Just to throw that out also because I was a member of this most recent committee, as Well as Commissioner Bunch and Commissioner Shackelford, if you have suggestions on how to better communicate ideas of how we might get that word out more, please let us know. We did announcements in newspapers, we were on the government access channel, we have had five public meetings on this entire plan, not just the bypass but master streets etcetera. Maybe it's web sites, maybe if you have ideas with the Mayor's office you may contact them but that would be my thing because I don't know what else we could do to get your feedback any more than what we did when our committee met this time. Odom: Any other member of the audience like to address us? Haines: Let me just ask one more question to make sure I understand. What you are saying is that this proposed bypass, that line was drawn on the 1995 plan? Conklin: That's correct. Haines: It hasn't been changed nor has it's location been changed since. Conklin: No it hasn't Haines: The other thing you are saying is, you hope that this will become a state highway so it would be what like a four lane highway like 265 or wider going through this area9 Conklin: It's classified as a freeway/expressway. Planning Commission October 23, 2000 Page 18 Haines: Conklin: Haines: Conklin: Haines: Hoffman: A freeway. How wide would the right-of-way be for it, like 1-540? 200 to 300 feet. That will certainly be an ugly scar through the landscape of east Fayetteville. It would be a freeway/expressway. You are going to destroy the whole eastern residential end of the city with something like that. That will just be a disaster. 1 just want to make a comment. 1 come from a town from Austin that grew expediently and it's number two now in the nation for growth and they did not plan, at all, for streets and they have gridlock and they have had awful things that have happened as a result. It's certainly not because there is a line on this map intended to say that we are going to come in or somebody is going to come in and bulldoze your house in order to make a freeway out there. Some plan has to be in place to handle what is probably going to be a nature growth related to the growth of the population in the area This is only a place to start. The time to start really getting worried about it is when you see the subdivisions coming closer and closer to your area. Giving input to your city officials and staff and so forth as to more appropriate locations because not to do a Master Street Plan and certainly not to plan even truck traffic bypassing the city. Right now we have semis going down College Avenue and they have no other place or way to go if they are delivering somewhere east of 1-540. Things like that have to be taken into consideration and if there is a way to put it over it's not that anybody is saying it's going right through your house and right now, I don't see that as being the case but 1 have seen the exact reverse happen with no planning. You have heavy amounts of traffic cutting through neighborhoods in Austin, Texas. Big amounts of traffic going on two lane streets and waiting through five and six stop lights and so forth and we don't want to see that happen here. Odom. Anybody else like to address us on this issue? Yazwinski: Odom: Since the problem is too many developments going in out east of town, who is in charge of all those developments going in east of town? Who gives the grants those permissions? Who's responsible are the people that decide to develop their property and put developments in out there. • Planning Commission October 23, 2000 Page 19 Yazwinski: Conklin: Yazwinski: Conklin: Yazwinski: Conklin: • Yazwinski: Conklin: Yazwinski: Conklin: Yazwinski: Conklin: That's all they got to do is decide to develop their property and theY just develop it, they don't have to ask anybody. Can we put in thirty houses where there is just one? Currently it comes to the City of Fayetteville first... The City of Fayetteville governs these new residential areas going in down Slaughter Hill, down there is Goshen? No. In our planning area which it does not go down... Yeah. Where is your planning area? It ends up on the hill, doesn't it? Yes it does. Originally, all developments went through the county first. Last May Washington County Intergovernmental Council agreed to send them to the cities first. We get first review of all the development. We do not have authority to have zoning outside our city limits. The only thing we can look at is our streets in it's system, how they connect together and we have standards for minimum lot frontage of seventy-five feet on an improved street and lot area minimum 10,000 square feet... This bypass isn't going to affect your new residential areas in the city. Our planning area is an area that we look towards annexing in the future. You are looking at annexing down towards Goshen? That's correct and on that one Planning Area Map, our planning area boundaries and Goshen comes up to our Planning Area Boundary so they join together. They are contiguous. Let me show you a map. But the out of control development that's going in now is out of your Jurisdiction. All of this traffic that comes in off the hill out of Goshen you have nothing to do with granting it? We do not have any jurisdiction over subdivisions that are going in within the Goshen city limits or Goshen planning area. With regard to how many homes you can have, that's a density questions, it's typically zoning. I believe Goshen has a two acre minimum parcel size. In our planning area, the lots all have to... Yazwinski: So is it Washington County that governs all those residential areas out there? Or is it Planning Commission October 23, 2000 Page 20 Odom: Conklin: Yazwinski: Conklin: Yazwinski: Hoffman: Yazwinski: Hoffman. Yazwinski:. Hoffman: Yazwinski: Elkins and Goshen. It's individual cities. It's individual cities and the County. Keep in mind Washington County does not have any zoning. They have no land use controls. Pretty bleak picture. We are looking at uncontrolled growth east of town, basically. As I said earlier, my biggest issue I have been dealing with is trying to make sure our roads can connect together and they don't have one private drive with a family exemption lot split to another private drive and trying to avoid a year from now... It's too bad all this uncontrolled growth going in outside of Fayetteville to the east is going to cause a four lane major highway to go through the eastern part of Fayetteville where all these really nice residential beautiful areas have been developed in harmony with the area for the last fifteen years. We are going to have to have the road go through us because of all the uncontrolledgrowth east of us. I don't feel that way. The bypass is going to serve to filter away from the town. I actually don't feel that way. You don't feel that way? Draw me a different scenario then. That bypass is going to take the traffic coming from the east isn't it and have it go north or south? Who else is going to get on that bypass? These are areas that do get into the Regional Planning and get beyond the scope of our Fayetteville Planning Commission. I do not see in Fayetteville, Arkansas, coming in and just bulldozing neighborhoods such as yours in favor of putting in a freeway without, there have to be environmental studies, there have to be all kinds of tests. There have to be... You proposed a freeway and that's the line on the map right there. Evidently, people have thought this through to that point that there is going to be this 300 foot wide four lane road going right through that residential area. • • Planning Commission October 23, 2000 Page 21 Hoffman: Yazwinski: Hoffman: Yazwinski: Odom: Yazwinski: Odom: Yazwinski: Odom: But it may boil down to the fact that there is a more appropriate area east or west or something like that. Right common sense there would have been right initially. But evidently it wasn't there. That common sense wasn't there. This freeway was penciled right through all this residential area. On the subdivision committee, I will tell you, that we move the Master Street Plans around to more adequately address the environmental features and so forth. To flatly say that growth in uncontrolled, I disagree with that and to flatly say that this is just going to go where it is... I think that the growth east of town is relatively uncontrolled. That's what it looks like to me. Right from Crossover on out. I don't see too often much control over it. It seems like the building is going at as a rapid a pace as possible. I don't see any breaks on any building going on out there. It's almost like we are in competition with somebody else to get big, big, big out east of town. It's just too bad that area east of Fayetteville is going to have to pay the price for the major road evidently because of uncontrolled growth out east of Fayetteville. 1 grew up east of town and would drive into town and there was absolutely nothing out there. Then all these folks started moving out there and it became more and more and more growth. I'm saying this is a great place to live and let's bring them out here but let's not decrease the value of life here as we are doing it and that is exactly what's been going on ever since we got here twenty-three years ago. That's right and that is what... This is a major component of a decreasing value of life is putting a freeway right through a really beautiful residential area. When the Planning Commission or the City Council tries to do something to preserve what we have and make sure that growth is controlled as opposed to out of control, this is what happens. It's a catch 22. • Yazwinski: I don't know. You all see what the problem is. You are all in a political sort of public domain and office try to address that problem. The uncontrolled growth out there. Planning Commission October 23, 2000 Page 22 Odom: Yazwinski: That's what we are trying to do. That's the very reason that we are here tonight. Well yes but you are punishing Fayetteville because of all the growth outside of Fayetteville in that area. That's what it looks like. Put the freeway out where... Worse case scenario, go out there tomorrow morning where you got land and not residential houses right on top of each other and put some signs out there, this is where the bypass is going to go. Let people envision it so they can build away from that or decide rather than take a residential area like you have in eastern Fayetteville and draw a line through a map and say "This is where the road is going to go." Odom. You have a legitimate concern that this matter is set in stone and I can not express to you enough how this matter is not set in stone. It is put... Yazwinski: Odom: Yazwinski: Odom: Yazwinski: Conklin: Yazwinski: Odom: Well I can't express to you enough how anxious we are about that line on that map. The whole purpose of all these meetings is so that we will all get together and do it right. Remember that we are nothing more than the Planning Commission, a group of volunteers just like you, a citizen out there, doing what we can to control what we can. How much do you guys get paid for this job? How much do you think we get paid? Who do we call again about, what's your office again? Planning Division. 575-8264. I can't remember that. I just barely remember... Back on my point, this does nothing more than just get approved here tonight. It doesn't approve this plan. All it does is move it forward to the City Council. Yazwinski: But I sure do wish you would erase that line that puts that road right across 45 and Shelton Drive and through all those houses and all that residential area and just put a corridor there again. That would be nice if you could. Odom. I would definitely take that matter up to the City Council and they do get paid. Marcum, Rick:Just quickly, is there any other lines, proposed lines that you are aware of? Is this the Planning Commission October 23, 2000 Page 23 only line? Is there like three or four options that you are looking at? Conklin: For the eastern bypass? Marcum: Yes. Conklin: That line that's on the plan is the line that was adopted. Marcum: That's the only line? Conklin: Yes. Marcum: Okay. Conklin: Now keep in mind, as I stated earlier there was a major investment study that looked at a corridor and that if it does become a project that they will have to have a route study done and environmental studies will have to be done and an exact location will have to be determined. At this point in time, there is not an exact location. Marcum. Okay. Last question. Generally, when a line like that is drawn, what happens to a property value in proximity to that line? Right now to me the lines is a big concern because anything close to that line now has implications to it. If I want to sell my house two years from now or 1 want to sell my house six months from now, my house is very close to that line so what happens to your property value in that case? Is my property more valuable today or is it less valuable today as a result of that line? Does the line there make it more valuable or less valuable based on your experience. What did the study say? Conklin: It depends on what people are looking for. If they are looking for access in the future and future development, it may make it more valuable. It's hard to determine. A lot of consideration goes into when they determine where a new freeway/expressway goes into. There is a lot of landowners that want that freeway or expressway on their land in some situations. Odom. When did you move there? Marcum. Last year Odom: Nothings changed. Planning Commission October 23, 2000 Page 24 Marr. I think it would be, it wouldn't be our Job to sit here and tell you whether we think it's going to go up or down. Look at 540. Someone that owned land where Holiday Inn sets in Springdale now is very happy versus someone else that may not be. Obviously there is a lot of speculation in that. 1 try to use the analogy that sometimes when you start thinking about a house and you sit down with a piece of paper and you draw a circle and say well 1 want a living room when I walk in and I want a bedroom over here, I want some bedrooms over here, that's the stage we are at today. We don't have an architectural plan that says, I keep hearing the word "line". We have what I would call, 1 realize it is a line, from the concept of a circle design, this is where we think it will go today. You get in to analyzing that type of information, obviously just as we did today we removed the road to Harold. Obviously we did the same thing with Prospect. We were looking at extending Arkansas Avenue versus taking something right through Wilson Park. That's when you get into much more detail. That's why you as a citizen or resident in this area need to stay informed and need to keep watching for it. We are interested in finding out how to make you more aware of it but there is an equal responsibility of the City to inform you through the process and you to stay informed of your area. Just as when you bought that property, I think Chairman Odom's comment was right, that area was on this plan in 1995. Marcum: Generally the line could possibly change. There is going to be changes to it as you get more input and as you look more in this but by and large, this is generally the pattern here. Conklin: 1 would say that's a true statement. I would say there is a high probability that that line shown on that map is not going to be the exact location of where that road will be built if it's built. Just because of the engineering studies that need to be done and the environmental studies that have to be done. I think there is a lot of different considerations and at this time I think there is a high probability that the actual location is not going to be on top of that line. Marcum: All we have to do is just check in with you every now and then. Conklin: Keep in mind there has not been funding from the state, federal or even the City of Fayetteville. We haven't appropriated funds for this. It's a concept, idea that's on the future plan. Odom. Tell you right now, I don't think the City of Fayetteville in any way, shape or form could build this road. • • • Planning Commission October 23, 2000 Page 25 Hoffman: We are going to improve College Avenue first. Conklin: It would be very difficult for the City to undertake this project. Most likely, like I said, it would have to become a State Highway project and we would have to have participation, cooperation with the Highway Department. Shaddox, James. I live at 3672 Sassafras Hill Road and I'm a local contractor here in town so I probably get a lot more contact with the City of Fayetteville and I work closely with the Inspection Division. I'm very satisfied with what I deal with them on and they are very good to work with and so is the City of Fayetteville. I was raised in Fayetteville and I think part of the problem here tonight is the people out in the County are not totally aware of the 2020 plan. I bought my property two or three years ago, at the time I bought my property I went to the City Inspections Division and looked on the plan and saw the bypass where it is going today. I think this thing was made back in 1995 so the area of Sassafras Hill Road has definitely changed in the last 5 years. 1 built a new home out • there, there has been a lot of people building new homes out in that area A bypass is going to be like a wastewater treatment plant for Fayetteville, nobody wants it in their back yard. I'm for controlled growth. I'm not against growth. That's how I make my living so I'm glad we have new subdivisions going in places so I can build more homes. But 1 think the people in the county are Just unaware of that 2020 plan. How you get that information out there, they don't know to come and look for it. I don't know how we do more than what we are doing today but unfortunately there is a lot of people out there that were totally unaware of it. I've known about it for over three years. Most of my neighbors around here found out about it this week, is the first they have heard of it. There is a couple things out there, it is more of a residential area, it's not a rural area. Sassafras Hill Road, I wish I could go buy more property right now and build another house out there. There are some areas that could. That one side road you were talking about that was a feeder off Estate View, that actually even upgraded to a blacktop road this year. It's been delaying it's first subdivision, it's been out there for about two or three years, it's never gone over. At some point in time, it may be developed. My property for example has a 20 or 25 foot easement on my north side for utilities that go out beyond. So my property is kind of on the eastern boundary of what we are doing. I don't think we are here today to argue about the need for better roads in Fayetteville, that's not the point. I don't think it's going to go on that line. Whoever drew that line has never walked that path. That thing is in a ravine and goes up over more hills. I'm in the construction business and the cost of • • Planning Commission October 23, 2000 Page 26 Odom: Shaddox: building a road where they propose it to do would be very costly. I don't think it will go there. I think what people are saying tonight is and nobody wants it in there back yard but there are other areas that are either to the east of us which is Haverton Road. I think the County is already starting to pave part of Haverton to the east of us that actually goes up to 412. I think that's Haverton down at the bottom of Slaughter Mountain. That is being paved and that goes all the way to 412 right now. Part of it's gravel and part of it's paved right now. There will be some areas out to the east of us that may be taken into consideration when you get to that point. The other to the west of us in between Gulley Road and Sassafras Hill Road, there is a large area of land out there which is bought up but is undeveloped. It has no homes on it. It's pasture land right now. A lot of people have gone out there and bought 40, 50 or 60 acre tracts of land to build their homes one. It will impact them but not to the degree it would on Sassafras Hill or Estate View Road. I'm not opposed to the development of Fayetteville. I'm appreciative for what they do. I'm waiting for you to get the sewer out on Sassafras Hill Road so I don't have to have a septic system. I embrace what you are trying to do out there. I think what these people here tonight are saying is they were caught off guard, not in my back yard and the reasonable thing to do is when you get to that point in time when you are going to build a road take public comment, look at the area again, it's been five years. That area in the last two years has changed dramatically. There is no property available on Sassafras Hill Road to build on right now, per se. We are not here to argue with the City of Fayetteville. We are not here to cast stones. We are just here to say "We are not a resident of Fayetteville. We are under the ostracize of the 2020 plan in the City of Fayetteville but unfortunately we as County residents don't enjoy the total package that a City of Fayetteville resident does. I've been both places, we've been in the city and out of the city. I hope at some point I live back in the City of Fayetteville. That's my hope in the future. I hope to move back out, maybe we can just trade. You can come out to where I am. I'm not moving so I'm staying where I am now. I appreciate your input but I think some of the things are preliminary but I think it's important for the record that the people that live out there come forward and have their say so that they are heard. At some point they will be a resident of Fayetteville. I appreciate the work that you do and if you are interested in input from residents out in that area, I'll be glad to put my name on some list for some input for you. I appreciate it. Thank you. Planning Commission October 23, 2000 Page 27 Odom: This body will take input from just about anybody. Hoffman: Is there another committee meeting between now and City Council that the neighbors could attend? Conklin: There isn't one scheduled. We ended our committee meetings by forwarding the recommendation on all four of these items to the Commission. Hoffman: I do suggest you attend the City Council meeting and certainly voice your concerns. I know that from the experience on the Planning Commission we welcome public input because we can't make our decisions without being informed on all sides. Yazwinski: So this 2020 plan and this bypass go to the City Council at a later date. They will ask for comment on the whole thing. Is that how it will work? Odom: The question is, for the record, is when does this go forward basically? Actually the plan that you see is pretty much how it is currently and how it has been approved currently. If it is approved tonight and it goes forward, when would it go to the City Council? Conklin: It would go the second City Council meeting in November. Not the November 7 meeting it would be November 23. Odom: Would you have a Thanksgiving problem there? That's a Tuesday right? Conklin: That would be the Council meeting. Odom: It's been my experience with the current administration that they don't just approve it without public comment. Conklin: That's correct. I'm not sure they would approve it in one City Council meeting. My goal is to meet the resolution and update it in the year 2000. It may take two Council meetings or three but hopefully we can get it approved this year. Odom: This is the second meeting that we have had with the Planning Commission. There were five subcommittees before this so I suspect, I don't know this for sure, they have their own rules they go by but I suspect they will hear it sometime that second meeting in November but I doubt that they would approve it. I think they would probably take public comment on a couple of occasions and make modifications that are necessary. • • • Planning Commission October 23, 2000 Page 28 You have at least one other opportunity. That's in front of the City Council in November some time. Conklin: Once again we are looking at updating and revising this 1995 plan. If we need more time at City Council level and it pushes it into 2001, these are adopted plans that we are currently using within the City of Fayetteville. We have gone back and looked at them after five years and have made some revisions to them. We have adopted the Land Use Plan, Master Street Plan, Planning Area Boundary map and General Plan 2020 text that we are currently using as our official plans and documents to guide and manage growth in Fayetteville, in our planning area. Odom: If there are others that would like to address us please come forward. Corly, Jerry. I live out in that area, the question that I have is that I hear you saying, we are talking about the line so I will call it the line also. This line, if you will, what does that, let me back up, I think I've heard Lorel say something about this would or maybe you, tie down, this is forward planning obviously okay. This line has been adopted but how does that help the city in 10, 15 or 20 years? In other words, there is no easements or anything else. What does that plan do for the City of Fayetteville? By putting that line in there, what does that do? Conklin: It does several things. It puts people on notice that there is a proposal for an eastern bypass when we say Fayetteville, it's not just Fayetteville, it's also Springdale. It goes north of Springdale. It's both Fayetteville and Springdale. When development does occur we take a look at where potential right-of-way can be dedicated. In the past we have reserved right-of-way. It also puts it on an unconstrained list that the Regional Planning Commission... Corly: Excuse me, can I interrupt for a minute? Conklin: Sure. Corly: What do you mean reserved right-of-way? What have you done? Conklin: When a subdivision occurs we have requested that right-of-way be reserved for a future street. We try to make sure that we don't have development occurring in an area It hasn't happened very often. That's what I mean by reserved. At Regional Planning Commission level, through the 2025 Transportation Improvement Plan, that gets on an unconstrained list and all the different cities projects, in this region, go on that • Planning Commission October 23, 2000 Page 29 Corly: list and then as federal funding becomes available, we are able to request funding for certain projects. That's an advantage of having it on the plan. By you saying by reserved, in other words the property owner that's involved, he doesn't know anything about it. What does that do for you? I don't think I understand yet, what that does. In other words you are reserving it with who? Conklin: For a potential road. In the past, out in the Planning Area, we've on some of our streets, we have gotten deed restrictions from developers to make sure that the homes wouldn't be in the way. We've had right-of-way dedicated. We've had easements granted. That type of thing. Corly: Okay. That's the only question I have. Thank you. Odom: Thank you Mr. Corly. Yes, Commissioner Bunch. Bunch: One thing that might help, we all read all these things and we speak this language an we understand that the City definitely the professionals speak the language. When I first came on this Commission that was one of the first things I had to do, was leam how the planning process works. Questions were asked concerning what do people need to do to stay informed. Just because this is in the growth area of Fayetteville does not mean that it would be necessarily annexed into Fayetteville. It could be eventually annexed into Goshen. It could stay in the county and not be annexed by either. As far as being an aware citizen, I would recommend reading the newspaper and seeing what happens at the County Planning level, also the Northwest Regional Planning level and keep an eye on the neighboring city of Goshen. State law says that the city can dedicated up to or claim up to five miles from their city limits as their growth area. If you have two cities that are in close proximity to each other, then that area can be divided. Tim, is it required that it's half way in between or is it negotiable between the cities? Conklin: It states that it's equal distance in between the cities or it can be negotiated if both cities agree. Bunch: These are just preliminary things that cities, in order to plan and let's look at the City of Goshen. Goshen is going to go through some tremendous growing pains in the next few years as people find Goshen attractive. Some makes claim that it's runaway growth, that it's out of control growth. Each of us came to Fayetteville for our various reasons but probably one of the major ones was it was an attractive area. So when do we shut • Planning Commission October 23, 2000 Page 30 the door and say "We are here. We are not going to let anybody else in."? In lieu of being able to do that, one of the things we have to do is to plan for the future. We do have certain states, city and county laws that govern this. As a citizen, I would recommend going to the County Planning Director or office and get as much information as you can on how the process works. Look at what's in the newspapers, read the meeting notices and the legal notices. These are where the law says that the notification has to occur. I hope maybe I've helped just a little bit to explain to you what your situation is and how to stay aware of what might cause changes in your situation. Odom: Any other member like to address us? Yazwinski: I just got one last quick question. For the last five years is when that line was first drawn on that 2020 plan. Odom: You really need to come to the podium to make sure we get a clean record. Yazwinski: In reference to whatever his name was that came up here. Odom: Mr. Corly. Yazwinski: He talked about that line and what's been granted because of that line. It was stated that since that line is there that easements for the last five years have beengranted along that line for this bypass? Conklin: Not exactly following that line. Yazwinski: That line has not been more buttered and more facilitated within the last five years. The reality of a road has not been benefitted or facilitated because of that line being drawn there. I don't like the way you went like this. Conklin: I'm trying to answer your question. It's only occurred once that I can think of. Yazwinski: What a development along that line has given you an easement to take to put a freeway through there? Conklin: Yes. Reserve some area, yes. • Odom: I can think of two or three times, not out there but actually west of town where there Planning Commission October 23, 2000 Page 31 was a strip of land that had been previously dedicated right-of-way because of a future arterial road or something of that nature but when that piece of property came through again for redevelopment we actually moved the line. It's not as if the line is dedicated on a piece of property that that is where the road is going to go for sure. Even after that deed restriction is done it is often times... Yazwinski: It makes it just that a little bit more probable. Every easement that's given along that line that makes that eventual road that much more probably to follow that line. I would say the answer to that question is yes. The quicker we get hearing on that particular line there and get a line hopefully adjusted from that line, the better our case? You are always better off being there early as opposed to later. We are already five years late. You bet. Not much has happened. I have been on this Planning Commission for that long. Odom: Yazwinski: Odom: Yazwinski: Odom: Hoffman: Conklin: Odom: I can only think of one lot split that has occurred. The other principal arterial streets, once again, as I stated, we've had deed restrictions granted to make sure homes aren't built int hose areas, hopefully the house lasts more than 20 or 30 years that if a street is needed that it's not going to go through someone's house. We've done that in the past also. Any other member of the audience like to address us on this issue? I'm about to close the floor to public discussion so if you have a comment, you need to make it now. COMMISSION DISCUSSION Odom: Conklin: I'm going to close the floor to public discussion and bring it to the Planning Commission for further comments, questions or motions. Mr. Chair and members of the Commission, I do have the additional information to go over this evening. Would you like me to do that now? Planning Commission October 23, 2000 Page 32 Odom: Yes. I specifically requested some information on one of the requests to take one of the collectors down to a local. Conklin: Yes. Let me pass that out at this time. I've included the request made in the letter dated August 17, 2000, by Nickle Hill Group requesting that the street that goes east and west from Garland to Gregg be removed. You asked for staff analysis with regard to traffic and recommendation. Currently starting on the west side at Garland at Ernie Jacks Boulevard, there currently is right-of-way and the street is actually built at this location. If you look at the second page it has a zoomed -in map of that area and there is existing right-of-way up Ernie Jacks Boulevard north of what is called Thrasher May Addition, so we have existing right-of-way already that has been dedicated in one area, that has been dedicated street built to the west. The question was, could it serve a local street versus a collector street? The difference in traffic a local street handles less than 4,000 vehicles per day, a collector is 4,000 to 6,000. I looked at undeveloped area which is the fourth page, I estimate that it was developed as R-2 property which is currently zoned. You could have 400 to 500 more units. The next page is traffic analysis, the Institute of Traffic Engineers software that produced about 3,315 vehicle per day. Based on that information and the zoning in this area and the number of apartments, we hear complains consistently of why the City doesn't have streets that connect east to west and that we need more. In my opinion, this collector street should remain on our Master Street Plan. The difference in right-of-way is from 50 feet to 20 feet, so that's 20 feet of additional right-of-way. 1 think potentially you could have more than 4,000 vehicles per day using this street. That's staff recommendation. Perry Franklin our Traffic Superintendent, we looked at this site and he concurs with that recommendation. Odom: Staff, I have requested that the future projections be looked at and that's the very reason why because it may very well function great as a local street now but if future projections are correct, it would not function well as a local street and would need to be a collector street. Conklin: That is correct. Odom: It is for that reason that I would not be willing to amend it down to a local street. I think it should remain to be a collector street. Conklin: I don't think you have to take any action on that. Odom: I just wanted my comments in the record because I had specifically requested that • • Planning Commission October 23, 2000 Page 33 information. I thought if perhaps future projections would indicate that this would function well as a local street than 1 might be in support of that but it was not. Therefore, I think that it should remain the way it is and I just wanted my comment to be reflected. Do we have anyone that wants to discuss this item any further? Seeing none, then we are just going to move on to the next item. Conklin: Sure. I'm handing out a table showing the streets from and to proposed right-of-way existing. Also a map. This is onechange we talked about at the subcommittee and that is changing the right-of-way requirements for collector streets in the older historical neighborhoods in commercial areas of Fayetteville. Currently, the requirement is seventy feet of right-of-way as a collector street. Seventy feet of right-of-way is typically difficult to obtain because the buildings are so close to the street. You end up inside the building. Under our ordinance requires that that go all the way to the City Council to have a lesser dedication of right-of-way. This has been an issue in the past. What the subcommittee looked at was what way can we more realistically approach a collector street in our downtown area The map that I handed out shows those collector streets. Those are all collector street currently on the plan that would have a fifty foot right-of-way. Odom: As opposed to? Conklin: A seventy foot right-of-way. That's the difference between the two. I changed the name from downtown collector to historical collector because if you are out on Sang or Cleveland Street you are really not downtown so I'm trying to have more of a descriptive classification. The table that I handed out, once again, identifies hat right-of- way is required for each street. Odom: This would, in essence, change nothing. Hoffman: Yes it would. Odom: What would it change? Conklin: It would change the right-of-way requirement from seventy feet to fifty feet on these collector streets. Odom: These streets are already built. Are you talking about redevelopment and so forth? Conklin: When the redevelopment occurs, that's where we had problems. Yes. We don't have • • Planning Commission October 23, 2000 Page 34 a lot of development but as we see more in -fill development and redevelopment in our downtown areas and older areas, this has been a big issue. All of a sudden now, instead of their fifty foot street, we are requiring a seventy foot right-of-way, thirty-five feet from centerline plus the setback. Their home or business or structure is set way back from the historical development pattern that we have seen in Fayetteville. I was trying to address that issue. That's the change. Hoffman: I don't mean to interrupt but I do have a question just pertaining directly to this. I know of some properties along Lafayette that now have a dedicated right-of-way of seventy feet, would those be automatically rolled back to fifty feet to allow those property owners to further develop their property. I'm thinking of several in particular. On Lafayette they've got easements or right-of-way dedications or restrictions of some sort to permit a seventy foot... Conklin: If it's been dedicated to the City and the City owns it, it would have to vacated. I can support that because it would be in line with the current plans. Odom: That would require the action of the individual owner to do that. Hoffman: The individual could have the recourse to come back with this change in the plan and their request for vacation based on... Conklin: Yes. Sure. Once again, I'm looking at the historical development patters in Fayetteville and what's realistic to achieve as right-of-way so that's the change that we are making. Odom: Do you need a motion on that Tim? Is this what is currently proposed? Conklin: Yes. Odom: So it doesn't need a motion. Conklin: This is part of the plan. Odom: If we approve the plan we are approving this? Conklin: Sure. • Odom: This is some of the work of the update committee and therefore, this is part of the • • Planning Commission October 23, 2000 Page 35 proposal that they have before us. I think it's a good thing. Bunch: This would cut down a considerable number of variances that we have to consider in this particular area because of the expanded rights-of-way that apply more to new development in the suburb areas rather than describing the existing condition in the more century located area This is just to alter the requirements in that area so we are not faced with granting a variance every time we turn around and eluding the variance process. Odom: Staff do you have any additional comment on that? Conklin: No additional comment on this. Odom: Does anyone wish to speak in dissension of the proposal? Let's move on. Conklin: If you can look at this map that I handed out with Ms. Gallman's request. The second page just shows the relocation of a collector street connecting the two cul-de-sacs or two streets together between Ash and Charlie. Currently, it's existing and it goes through platted lots. Just relocation to the stub out that currently exists for both subdivisions. That's a minor change but I wanted to point it out. I don't want to make any changes without your knowledge. I think everybody will agree with that change. Odom: That was not a proposal and is that something that needs to acted on in order to go forward? Conklin: If you agree with that, I will show that on the plan at City Council. Odom. What say you the Commission? Hoffman: Is public notification required for something of this nature. Notification of this particular two properties involved? Conklin: We have not done individual notification for property owners. Once again, there is a stub out on Ash and a stub out on Charlie, just connecting those if future development occurs. Hoffman: I think we have to raise some discussion about this anyway at Subdivision. Okay. • Thank you. Planning Commission October 23, 2000 Page 36 MOTION: Odom: I move for approval. Marr: I'll second. Conklin: Do want to vote on that one? Odom: Sure. You want us to vote on that, don't you? Conklin: Yes. ROLL CALL Upon roll call relocating the collector street connecting two streets together between Ash and Charlie is approved by a unanimous vote of 6-0-0. Odom: What's next? Conklin: 1 am passing down a request by Elam and Mary Denim on Mount Comfort Road and Shiloh Drive. Also, their son Gaylen has requested this change. They believe there is two properties in between that are not owned by them. I'm showing a boundary on the first page. The property in question contains 5 74 acres. They have requested that it be changed from mixed use to community commercial/regional commercial. On tour on Thursday, we looked at this site and Don Marr did request that I provide a map showing the Design Overlay District. That boundary is shown on the first page and it's all contained within the Overlay District. To the south is zoned, I-1 Heavy Commercial/Light Industrial to west about half of it, south half of the western property line is adjacent to I-1 zoning, the north half of that western boundary line is adjacent to R-1 zoning, Low Density Residential. The property currently is zoned R -I, R-2 and R- 0. R-0 zoning on this property is up along Shiloh and Porter Road and Mount Comfort. Staff is recommending that this property be changed to Community Commercial. I would not recommend rezoning Commercial. I don't this that car lots would be appropriate for this location but some type of Community Commercial would be appropriate. We also talked about appropriate buffers at this property. It's an interesting and unique situation. Once again we have I-1 zoning up against R-1 zoning. This is actually a zone that is much slower in land use intensity therefore, if you decide to change it to Community Commercial, I wouldn't have a problem if you would like to have some type of buffer in between that R-1 and Community Commercial, I think that • • Planning Commission October 23, 2000 Page 37 would be appropriate also. Currently, you do have I-1 up against that R-1 to the north. If you have any questions, I would be more than happy to answer them. Odom. I drove out there and I feel as though it has functioned very well as a mixed use area currently. I would be hesitant to do the entire tract as Community Commercial. Certainly those portions that abut the I-1 I would think that would be a good buffer between the industrial area and the residential area. I'm not entirely opposed to the idea is what I'm trying to say because of the buffer. Hoffman: I drove out there too and I agree in essence because I think a little bit more study might be needed on the layout of the land. There is a grove of trees directly adjacent to Shiloh. I would like the Landscape Administrator to look at those trees before rezoning. I don't want to call this rezoning but before recommending a change in the General Plan, one of the things that I think makes Fayetteville as attractive as it is, is that we have this limited access freeway running through town and large areas of it are wooded so that would be one area I would be interested in leaving as is and not possibly changing to commercial zoning right against the freeway. It seems to be a rather small grove and there could be an attractive development interspersed with that tree grove. I don't know if it's a major tree grove or a minor tree grove. Odom: Commissioner Marr, do you have a question? Marr: Yes. When we toured it on agenda session on Thursday, I too would not support Regional Commercial on it, at all. I think we have plenty of that and also in our plan we have it. I do think we need to look at transition zoning of some type here because as we went further around, I don't believe we that we had good planning, I think Commissioner Bunch and Commissioner Allen would agree with us on a building that literally you could practically touch, it butted up where we didn't necessarily have good planning have for it. I guess dust to make sure, what type of uses are included in Community Commercial? Conklin: Typically, we rezone property and designate that as C-1. Grocery stores, gas stations, restaurants, book stores, shoe stores, that type of use. Odom. Shoe stores? Conklin: Yes. • Hoffman: No liquor stores, no used car lots and that kind of thing? • • Planning Commission October 23, 2000 Page 38 Conklin: No liquor stores, no used car lots. No. Odom: Staff, it is your recommendation to designate it as Community Commercial? Conklin: I don't have a problem recommending that. One of the things that I have seen with out regulations that we have adopted for the past five years, Commercial Design Standards and landscaping standards and parking lots. Commercial use can be as attractive as an R-0 use and compatible with this residential development. We are moving more towards performance type based zoning in Fayetteville where we can mitigate many of the impacts on different types of land uses through our ordinances. I'm confident that we can have development that will be compatible and attractive and add to the quality of this neighborhood. Marr: The only point I would make Tim, is that, I think that are we going to end up with a request every exit on the bypass becoming a commercial rezoning and how much of that do we need when we have it at the 62 intersection. As a part of this plan we did the 112 intersection off of the Business 71 where we have the development there off of Shiloh as well. I don't know that I.know the answer of how much is enough but are going to have this kind of, for lack of a better word, noted every single one of these intersections? Also think that we have to be careful not to assume that every one of these developments have to be at a commercial development because obviously we have seen Lindsey and their development of apartments off of the same type of exit at the fairground. I'm dust throwing that out. I'm in support for looking at it. 1 like to mix use as a piece of it, I m not sure I'm in support of the whole thing being done. Allen. I have the very same concerns as Commissioner Marr. Marr. 1 do think that the intent of the citizen who brought this forward to us and cleaning up this and moving forward with the development plan, I certainly support having toured the location. Conklin: Chairman Odom, I don't think you can act on it because, just hearing the comments, I don't think there is enough votes to make that type of change. It takes five votes to amend a Land Use Plan. In that case I'll just put that as public comment portion and forward it to the City Council. Odom: I think that there is good notice there. That we all have and do and do agree that this does need to be looked at a little more carefully. We may agree with some form of Community Commercial out there. Maybe not for the entire tract but as a buffer for a • • Planning Commission October 23, 2000 Page 39 certain area. I think that's a good consideration. Short of an official recommendation. Conklin: Sure. Odom: Any further discussion on that issue? Let's move on to the next one. Conklin: This is for your information. You asked me about the housing vacancy rates for the United State. There is a survey that goes back to 1965 and you don't have to act on that. That's just for your information. It ranges from 4.3 up to 8.2 and rental varies from 1% to 1.8% and homeowner vacancy rates closely follows Fayetteville. We are near those vacancy rates on a national level. Odom: Are we nearer the national rates on the vacancy levels? Conklin: Close. We are close to those. Odom: Speaking in hypotheticals, I guess if we have a super high occupancy rate, that essentially means that we don't have very much affordable housing because property values are going to go up in a situation like that which is good and bad. What you are saying is, we seem to mirror the national average? Conklin: In 1996, including unoccupied, renter occupied units, the vacant units was 9.4% in • 1996 and the third quarter of 1996 it was 8% on rental vacancy rates and 1.7% on homeowner vacancy rates. Odom: I'm seeing quarters, I'm not seeing years. What number are you looking at Tim? Conklin: I was looking at the vacancy rates by quarter. Odom: By quarter? Conklin: Yes. In 1996. I used third quarter in each as an example. It's close to our vacancy rate in 1996. Finally, this is our historic collector description, fifty foot right-of-way, six foot sidewalks. I have put an asterisk by three of the items on this and Sharon Hoover is not here this evening but she probably could speak to it better than I could regarding their plans for the Dickson Street Enhancement Project. They have proposed that we designate certain streets and require street tree planting trees that come out in the street and provide on -street parking and special lighting and bricks within the sidewalk I have proposed a certain number of streets in out downtown area where this would • • Planning Commission October 23, 2000 Page 40 apply and that would be Dickson Street from College to Arkansas, Block Avenue from Dickson Street to Mountain Street, West Avenue from Lafayette Street to Rock Street, East Avenue from Dickson Street to Mountain Street, School Street from Dickson Street to Archibald Yell Boulevard, Mountain Street from College Avenue to School Street and Center Street from College Avenue to West Street. That would be where the additional street tree planting, it's called a street tree peninsula where it comes out and provides a break in the street for on street parking and the special design features for the brick and the special lighting. The remaining standards would apply to those streets that I handed out on this map showing a fifty foot right-of-way for these historic collector streets. Odom: Did the committee look at this? Conklin: The committee recommended the fifty foot right-of-way. With regard to the special design standards, those came in after the committee so this is new. This is something that the Dickson Street Enhancement Project would like to see. Odom: This looks great and I think that I would support it but I would hesitate on making a formal recommendation. Conklin: Probably what we should do on this one is, maybe take this as a separate item and I'll get with Dickson Street Enhancement Project and work with them and have them come back to the Commission and make a formal presentation. Odom. Have them make it to the City. That sounds like a great idea and I think that I would be in support of it if I had more information on it. Conklin: Sure. I've incorporated it into the Land Use Plan but I could take that part out and lust put the fifty foot right-of-way portion in there and take that up at a later date. Odom: Does anyone have any comment on that? Marr: I would be hesitant to include it only because we didn't discuss it as a part of the committee and have an opportunity for public comment at that time so I personally would like to see it brought separately having been on the committee. Hoffman: I would like to see more detail because we are talking about lighting and special brick work and things like that so I know that they have looked at designs and I think that should be a part of the presentation. • Planning Commission October 23, 2000 Page 41 Marr: Odom: Conceptionally, I think most all of us would. Is it the feeling of the Commission that we should just let the City Council look at that with our favorable comments but short of a recommendation or should we actually look at it ourselves? Marr: Personally, I don't think it should go as part of this particular plan. Odom: Of the recommendation right? Marr: Yes. Hoffman: It's always been kind of separate. Marr: My concern is that, everything that we have talked about today, we've had ample opportunity to receive public comment on and this would have been the first time that this discussion came about. I don't want to give the impression that the committee did work after the committee was ended. Conklin: I would feel more comfortable too if this would come back. Bunch: Odom: Most of this information is not new information, it's just new to this particular process. Much of this was available and probably should have been presented while we were going through our series of five meetings. In fact some of this is already funded and looking to be done but I'm rather ambivalent on whether or not to include it. I've seen most of this before but it has not had an opportunity for public comment in the latest scheme of things and so I would lean towards seeking further comment on it. I would agree. I bet there has been a tremendous amount of work that has gone into getting this to this point. I bet that there has been a ton of public comment on it. For us to Just simply adopt it without fully understanding it and asking our questions. Is it the consensus of the Commission that we actually want to see a report on this and actually make a recommendation in support of it or against it, one way or the other? Or do you want to just send it on? Janet, do you want to talk about it? Tim, is that okay for us to see a report on this and make a formal recommendation at a later time? Conklin: Sure. This will be separate from the Land Use Plan. That concludes the revisions to • General Plan 2020. • • • Planning Commission October 23, 2000 Page 42 Odom: Do we have any motions9 MOTION: Marr: I would like to move that we send this on to the City Council as amended through the various votes that we have taken in the last two Planning Commission meetings as outlined by the Subcommittee. Allen: Odom: Ward: I second. We have a motion by Commissioner Marr, second by Commissioner Allen to forward the General Plan 2020 as recommended with the amendments we have made through the work of the Committee as well as the work of the full Commission. I would like to personally thank the Committee for putting that work. I know that took quite a bit of extra time and you did a bunch of extra work with the public meetings that you had and staff thanks for putting your work and effort into it. I know that it's hard to do your own job and then to have to work on the Land. Use updates but it's an important part and you can see that even after you put a lot of effort into something, you are going to get people at the end of the process that think that they have not been included and they have justifiable concerns that doesn't need to be overlooked. That's why we do it five times and then two, to make sure that we don't leave anybody out and so that I hope that they can be included in the process from this point forward. I appreciate all of your work on it. Any further discussion? I think it's real important that we all understand that like on the Master Street Plans and the Future Land Use plans that there are a lot of things in there that I don't support personally but the overall concept of it is something that we are all interested in supporting. There are a lot of small things, streets here and there that I think should go through and certain commercial zonings that shouldn't or one zoning should be C-2 and all this but I think there has been a lot of work done and it's still just a concept, it's definitely something out of the Bible. Odom: Nobody dislikes that eastern bypass more than me. I'll go on record as saying that. Any further discussion? Hoffman: I think it needs a lot of work. Odom: You go girl. • • • Planning Commission October 23, 2000 Page 43 Hoffman: I'll be gone. Odom: Anybody else? Call the roll. ROLL CALL: Upon roll call AD 00-19.00 General Plan 2020 Update shall be forwarded to the City Council on a unanimous vote of 6-0-0. Odom. Staff do we have anything further for tonight's agenda? Conklin: There is no other business. Odom: We are adjourned. Conklin: Thank you very much. • • Planning Commission October 23, 2000 Page 44 RZ 00-24.00: Rezoning (Martin, pp 755) was submitted by Jerry Martin for property located at 1209 Bailey Street. The property is zoned A-1, Agricultural and contains approximately 2.30 acres. The request is to rezone to R-1, Low Density Residential. Odom. The first item we are going to hear tonight is RZ 00-24.00: Rezoning (Martin, pp 755) was submitted by Jerry Martin for property located at 1209 Bailey Street. The property is zoned A-1, Agricultural and contains approximately 2.30 acres. The request is to rezone to R-1, Low Density Residential. Staff recommends approval of the requested rezoning based upon their findings included in their report. Staff, do you have anything further? Conklin: Staff has nothing further. Odom: I ask the applicant to please come forward at this time. Do you have any presentation that you would like to make? Martin: Not really My name is Jerry Martin. This rezoning comes about because I bought a parcel of land that contained 2.01 acres that was non -conforming to current zoning. It had two houses on it and did not conform. It's in a part of Fayetteville that the homes were there before the two neighbors. I bought an adjacent lot which increased the total holdings of this one parcel to 2.03. My plans are, if I can get it zoned as requested to R-1 is to move one house from the adjoining two acres to the lot that I bought which is adjacent and then I will have two pieces of property both of which will conform to current zoning both in size and usage. To me it makes good sense. I will be glad to answer any questions. Odom: Mr. Martin, we'll take questions in just a minute. PUBLIC COMMENT: Odom: First what I would like to do is ask if there is any member of the audience that would like to address us on this issue? Anyone here to talk about the rezoning that's before us on the agenda? COMMISSION DISCUSSION: Odom: Seeing none, I will close the floor to public discussion and bring it back to the Planning • Commission for questions, comment or motions. Planning Commission October 23, 2000 Page 45 Marr: 1 move for approval of RZ 00-24.00. Hoffman: Second. Odom: We have a motion by Commissioner Marr and second by Commission Hoffman for approval of RZ 00-24.00. Any further discussion? Will you call the roll? ROLL CALL Upon roll call RZ 00-24.00 was approved by a unanimous vote of 6-0-0. Planning Commission October 23, 2000 Page 46 CU 00-26.00: Conditional Use (Gunnell, pp 213) was submitted by Russell & Andrea Gunnell for property located at 1020 Harold Street. The property is zoned R -O, Residential Office and contains approximately 0.51 acres. The request is for a Limited Neighborhood Commercial Use in R -O. Odom. The next item that we have on tonight's agenda is Conditional Use 00-26.00 submitted by Russell & Andrea Gunnell for property located at 1020 Harold Street. The property is zoned R -O, Residential Office and contains approximately 0.51 acres. The request is for a Limited Neighborhood Commercial Use in R -O zoning. Staff has a recommendation of approval of the Conditional Use subject to thirteen Conditions of Approval. Staff, do we have any further Conditions of Approval? Conklin: There are no further Conditions of Approval. I would like to clarify that condition number four where it talks about landscaping shall be installed per §166.14 of our Unified Development Ordinance that there are three existing mature trees, two on Harold, one on Lee. Staff is recommending that two additional trees be planted once the driveway is reconstructed. Odom: None of those mature trees are to be removed, is that correct? Conklin: That is correct. Odom: Do we have a signed Conditions of Approval? Conklin: Yes we do. Odom: Then I will bring it forth to the applicant to make any presentation that you would like to make. Gunnell, Andrea. First of all Russ and I would like to thank the City Planning Division especially Tim Conklin and Dawn Warrick and we are thankful for the opportunity tonight to speak to the City Planning Commission regarding our proposal. I think there is a little bit of confusion on what we are proposing to do at this site so I would like to kind of explain what Fleet Feet is. Fleet Feet is a store that specializes in running apparel and shoes and has a reputation for employee expertise in the fitness area. Our focus is the runners and walkers in our surrounding neighborhood. We will offering personalized service and educating the customer on the importance of proper fitting shoes. We do this by engaging conversations. You walk into our store and we ask "Are you a runner. Are you a walker? Are you a beginner? Are you a marathoner?" We ask "How • • • Planning Commission October 23, 2000 Page 47 many miles per week you run? Have you had any injuries? Do you currently have an injury? Are you training for an upcoming event?" Then we focus on three main categories of shoes which fall into motion control, stability and neutral cushioning. The process of finding the right running show begins in measuring the customers foot. We actually, unlike most stores today, we actually measure your foot. Then we put you in what we call a neutral shoe and we watch you run in the shoe. Based on the bio -mechanics of the foot, we can see what the foot is doing, such as is it over -promising or does your foot tend to roll in too much on the foot or is it under -promising where you are rolling on the outside of your foot too much. Then we can determine what category of shoe, based on this, you would fit into. We would bring out three shoes in this category and you try on three different brands and that way we can guarantee that you get the proper fit. Fleet Feet is also dedicated to working with local medical professionals as podiatrists, chiropractors and orthopedists. We've had the pleasure of meeting Dr. Perry Julian who is on the Board of the American Academy of Pediatric Sports Medicine. In his book called Sure Footing he states that many of the common injuries seen by sports physicians can be contributed directly or indirectly to improper shoes. I have spoken to you a little bit about what Fleet Feet is, I would like to clarify what we are not. Fleet Feet is not a general sporting goods franchise such as Foot Locker which sells shoes and apparel for a variety of sports such as basketball, baseball, tennis, soccer, running and others. We focus on the sport of running and walking. Russ and I would like to show you a video at this time. It's about two minutes. It emphasizes the specialty that we do. This is a very specialized store. It's not something you go to the mall and find. That's why we think it belongs in the neighborhood. It belongs where people can go to, you are not fighting crowds. It is a dedicated purpose of you coming to us. This features the Fleet Feet in Chicago and it's been done independently by the news. It also has a treadmill in it, is another service we do provide in our store for people. Russ will conclude after this. VIDEO PRESENTATION Gunnell, Russell: I think that gives everybody has a good idea of what Fleet Feet is. We are indeed a specialty running store. Not only do we sell shoes and apparel but we provide that personalized service that people need. As the Commission is well aware there are some specifically listed allowable specialty stores for this use. There is a bicycle shop which is allowable, a hobby shop as well as a drug store. The similarities to a bicycle shop is fairly obvious in the fact that we both • Planning Commission October 23, 2000 Page 48 provide gear for outdoor recreational activities and promote a healthy fitness oriented lifestyle. I'm sure runners, walkers as well as bicyclists also believe that those activities are their hobbies. I would also like to compare Fleet Feet to something like a Collier's Drug Store where if you have a cold, you can go in and talk to the pharmacist, maybe even Carl Collier himself and talk.to him about your symptoms and what type of things you should do. What type of medications you should take. That's what we want to do at Fleet Feet. You come into our store talk to Andrea or Russ about your running gear or running activities and we can give you our advice. You can't get a set of tires for your truck at Collier's and you are not going to be able to get a softball bat or a pair of basketball shoes at Fleet Feet. Of course we will welcome customers from all over but we think the people that benefit the most will be the people who live in our neighborhood who can take advantage of their proximity to our store where not only can they buy running and walking shoes but they can take advantage of our service, advice and information that we have regarding an activity that benefits them socially, mentally and physically. Therefore, Andrea and I believe that Fleet Feet is not only appropriate but desirable for a Neighborhood Commercial Use at this location. Again, we would like to thank you and will be happy to answer any questions you might have. PUBLIC DISCUSSION: Odom: We do questions after the public forum part. Let me ask now if thereis any member of the audience other than Janet Galiman that would like to come forward and talk to us tonight? Galiman: I'm not going to say a damn word. Odom: If you want to talk, come on up. Does anybody else want to come up and talk about to us about this Conditional Use request? Janet I was worried about you. The first two page letter I've ever seen, that's the shortest letter I've ever seen you write. Go ahead. Wolf, Todd: My name is Todd Wolf, I'm a chiropractic physician in Fayetteville and Rogers area. I am in support of Russ and Andrea's venture in the Fleet Feet. I think it's going to serve a market that currently isn't being catered to at all as far as bio -mechanical analysis of the foot related to training. I think it's a sub -specialty area that is going to benefit a lot of people in this community. Odom. Thank you Todd Planning Commission October 23, 2000 Page 49 Gallman: Todd, tell them who your lawyer is. Wolf: Janet Gallman. Odom: You Just lost all credibility. Come forward. Garrison, Michael: Hi, my name is Michael Garrison and I'm a PHD student at the University of Arkansas in exercise physiology and also a former manager of a Fleet Feet in Pleasington, California before I moved out here to go to school. I'm mostly assisting with Lady Razorbacks cross country and track team. I just want to let you know that Fleet feet is the kind of thing that's been long overdue in Fayetteville, Arkansas. If you read the signs, "Track Capital of the World". Just last March during indoors I had five different coaches calling me personally, "Where do I get some spikes?" This is Fayetteville, you can't get them. The kind of service that Fleet Feet represents is second to none. It's about time that something like this came to Fayetteville. Odom: Does any other member of the audience like to address us on this issue? Janet, do you want to talk? The letter speaks for itself, I think. COMMISSION DISCUSSION: Odom: I will close the floor to public discussion and bring it back to the applicant. 1 tell you what, I will give you the same courtesy that we give to anybody that comes forward with a Conditional Use request, they have to have five votes. There are only six of us present tonight. I don't know why there are only six of us here. We normally have a larger house than this. If you want for us to act on this tonight, we can or, at your request, we can table this until there is more of us here so that you have a higher percentage to shoot from. That's your call. I just want to make sure you are aware that you have to have five votes. Gallman: Can they hear your discussion first? Odom: Yes. We can discuss it. Before we vote, if you are uncomfortable, you are more than welcome to ask to table it and we will honor that request. Hoffman: I just have some questions with regard, I want to address this to staff, with regard to the exterior changes to the building. I'm referring to page 3.27 and I would like to know if staff has reviewed and agrees with the design changes for the new glass store front, • • • Planning Commission October 23, 2000 Page 50 replacing the fire house overhead doors and what you think about the exterior changes and how they might blend with the neighborhood. Conklin: Staff is in support of the changes. I think the removal of the overhead doors on Harold Street will be a positive change on this building. They plan to keep the exterior of the remaining building the same. It's been a fire station, that's been the use of the building for thirty years. We are not building a new structure in this location and the improvements that they will be making will improve this neighborhood. One of the conditions we will require that they remove the asphalt and curb and gutter and driveway on Harold Street and landscape that. Also, put in a sidewalk on Harold and Lee Street and I think overall there it is going to be more pedestrian friendly. It's going to take an existing curb cut on Harold Street and remove that and limit it to one curb cut. They are going to redesign and relocate the driveway and parking lot to the north and incorporate the fifteen feet of landscaping in between the front property line and parking lot which currently there is Just a continues curb cut on Lee. Overall there is going to be much more landscaping and less pavement. MOTION: Hoffman: Thank you. I would concur Just based on our information and I would say that this appears to be much more of a needed service and also much more a desirable business to be in this building than a used car lot. With that being said I'm going to go ahead and move to approve this Conditional Use 00-26.00 subject to all staff comments. Marr: I'll second that. Conklin: Just one correction I need to make that I did not make in the beginning. That's with regard to the sidewalk on Lee Street. I did talk with our Trails and Sidewalks Coordinator. That needs to be a six foot sidewalk not four foot sidewalk. I apologize to bring that up at this point but that does need to be changed. Odom: Do you understand that? Gunnell: Yes. Odom: You in agreement with that? Gunnell: Yes. • Planning Commission October 23, 2000 Page 51 Odom: What condition number is that? Conklin: That would be condition number five. Hoffman: Let me add that it's my understanding, my motion remains the same, that our Sidewalk and Trails Coordinator does work around existing trees and landscaping and will not disrupt that. I know that that was an item of concern. Odom: Just for clarification too, item number five does read four foot sidewalk along Lee but staff is saying that needs to read six foot sidewalk along Lee. That is what you understand your motion being? Hoffman: Yes. That's correct. Odom: That was acceptable by the applicant. Do I have any other discussion? 1111Allen: I wondered if you were selling anything else in your store besides shoes? R.Gunnell: Some apparel, equipment like watches and things like that. A.Gunnell: We have liquid packets for energy, protein bars. Allen: I also wondered about the sign in the front, what it will be made of. The big sign at the top of the building. • R.Gunnell: Probably whatever is compatible with the building now. I think the silver part of the building that's existing is made out of some type of aluminum and we would make it similar to that. Allen: Thank you. Bunch: I have a question concerning the parking lot. I don't know if this is for the applicant or for staff'? Is it going to be the same dimensions as the existing parking lot or will it be slightly expanded? I know it's very difficult to pull in and, if I understand correctly, this is to be no backing out into the street. Is that parking lot to be expanded? R.Gunnell: It will be deepened, if you understand what I'm saying. If you pull in off of Lee Street, park facing the building, you will have more room to back out and pull back out onto Lee Street when you leave. The lot will be deeper. Maybe Tim can explain it. • Planning Commission October 23, 2000 Page 52 Conklin: It's going to be expanded to provide a twenty-four foot aisle width. It's the requirement for ninety degree parking. That way when you enter the parking lot and park in the space, you will be able to back your car out and turn around in a forward motion and exit onto Lee Street. Bunch: It will be widened to the north. Conklin: Yes. Approximately thirteen feet. I have talked with our Landscape Administrator, there is an existing fairly large walnut tree on the north and some type of either pulling the aisle width back at that location where the tree is or some type of special paving system will have to be installed to make sure that tree lives. I'm in support of that. I think it can work and it will have to be coordinated with our Landscape Administrator. Allen: I have one other thing. In this Conditional Use that would be allowed, It seems to be a bit of a stretch to me. The mom and pop type store, a franchise. I wondered if we would be setting any kind of a bad precedent. • Conklin: I did take a look at this and looked at what uses are allowed in the specialized retail under this ordinance there is a maximum gross floor area as 3,000 square feet. It does alio bicycle shops, it does allow restaurants, drug stores. I think it closely follows the bicycle shop with the type of athletic type of equipment they sell in those stores. I also looked at the impact of this specialized shoe store compared to these other type of uses and I think they are similar. I think overall C-1 zoning allows shoe stores as Neighborhood Commercial. If the property were zoned C-1 it would allow this shoe store by right. That use does follow within that use unit 15. Keep in mind, this isn't zoned C-1. but just comparing those uses to what these uses as currently listed in this ordinance, I think it's very similar and will provide neighborhood shopping goods to serve the residents of Fayetteville. Odom: I think It's also important to point out that there is significant restrictions on this with the Conditions of Approval because they don't have it by right in R-0 it's covered under this Conditional Use and therefore, It's not like they can expand. You don't have any expectation that you could expand in the current facility that you are in based upon the application that you have. I had the same initial concerns that you did Commissioner Allen but I think it does fall in line with the bicycle outdoor athletic theme and it's consistent with that. I think that's why I am in support. • Ward: I think the specialized shoe store does fall into the neighborhood type of commercial. What we are looking for there. I think it will provide a lot less noise and commotion • • • Planning Commission October 23, 2000 Page 53 than the fire station there. Really, since Janet Gallman lives next door, I would have voted for a heavy metal type club. I'm in support of this. Allen: Are you the only other near neighbor? Gallman: There's one directly across the street but I believe it's not a problem with them. Man. Just a couple of questions, do we have a signed acceptance of these conditions? Odom. If you had paid attention at the beginning you would have known the answer to that question is yes. Marr: I'll save that comment for private. The second thing is, I read through the letter from Ms. Gallman, there were a couple of items in there. I think one specifically that was not addressed to the condition which was the hours of operation, allowing it to be open on Sunday. I wanted to make sure there were no other issues with that because we are allowing that within this condition from the citizen whoexpressed a concern on that. Any comment on that? Gallman: I think that if it's limited to those hours, I think it's going to be all right. Marr: I too was one who wasn't necessarily supportive at this agenda session. I didn't want to open up Pandora's Box of having, as Commissioner Bunch said at agendasession, of allowing anyone to go in. I think that's the purpose of Conditional Use though. I think one of my biggest concerns is what is different between Fleet Feet and Footlocker and I heard that today so I'm in support of this Conditional Use. Odom: Do we have any further discussion? We are going to proceed further with our vote unless you wish for us to table it. I'm sorry, Commissioner Bunch, I thought you were giving me the nod. Bunch: I too had concerns that we were opening up Pandora's Box with the expansion of the Neighborhood Commercial concept and reading through the literature we had it seemed fairly specific but when we get into the similar uses section, it seems to allow this type of activity which seems to limit itself more to drawing from a larger area than just an individual neighborhood. I think that probably was some of the concerns with my fellow Commissioners that it wasn't something that just suited the neighborhood where you run down and get a box of aspirin or go pick up your dry cleaning or something of that nature. With the conditions that have been applied and with the • • Planning Commission October 23, 2000 Page 54 exceptions of the neighbors, I will also support this. Odom: I think you want us to go forward. A.Gunnell: Sure. Odom: We have a motion by Commissioner Hoffman, second by Commissioner Marr for approval of this Conditional Use. Any further discussion? Call the roll. ROLL CALL Upon roll call Conditional Use CU 00-26.00 is approved on a unanimous vote of 6-0-0. Planning Commission October 23, 2000 Page 55 RZ 00-25.00: Rezoning (Caudle, pp 400) was submitted by Dennis Caudle for property located at 1192 N. Rupple Road. The property is zoned R -O, Residential Office and contains approximately 1.5 acres. The request is to rezone to C-2, Thoroughfare Commercial. Odom: The next item that we have on tonight's agenda is a rezoning RZ 00-25.00 submitted by Dennis Caudle for property located at 1192 N. Rupple Road. The property is zoned R -O, Residential Office and contains approximately 1.5 acres. The request is to rezone to C-2, Thoroughfare Commercial. The recommendation of the staff is for denial of the requested rezoning based on the findings as included as a part of this report. Staff, did you want to go over that or do you have anything further? Conklin: Sure. Staff is recommending denial of this rezoning. Back in 1999 this tract was included as part of a larger tract for C-2 zoning. At that time, Planning Commission recommended it and the City Council rezoned only the northern part of this property as C-2. That same year the Large Scale Development was processed for a mini storage and a Conditional Use at that time, if you've read the minutes, it talks about keeping this piece of property R-0 and developing it with an office type development which is compatible with the neighborhood. Also, at that time, there was a bill of assurance that was offered to save 60% of the trees with eight inch diameter. I have met with the applicant this afternoon and went over that bill of assurance also restricted access from Wedington. Overall this property is near commercial there is a vacant C-1 property to the west staff is not recommending approval of additional commercial property in this area. If the Planning Commission did rezone it to commercial, C-1 zoning would be more appropriate than C-2. C-2 zoning allows used car sales with all type of businesses as conditional use. Dance halls and that type of use. About a month ago we did change our allowable uses in C-1 to provide more neighborhood commercial uses. The purpose of the C-2 zoning request is to be able to come back to the Planning Commissioner with a Conditional Use request for additional storage facilities on this piece of property. Staff is not in favor of additional storage facilities located in this area on this piece of property. If you have any questions, I would be more than happy to answer them. Odom. Staff you touched on the bill of assurance that was offered. You said 1999, but you meant 1990 when that originally came through. You mentioned the bill of assurance and that 60% of the trees would remain or something to that affect and that there would be restricted access. What is the current status of how well that bill of assurance has been maintained? Conklin: With regard to 60% of the trees being left on the site, after meeting with the applicant Planning Commission October 23, 2000 Page 56 today, it is difficult for me to determine whether or not that has been met. There were large pine trees located on the north and south property lines that were saved as part of the large scale development. That was approved by the Planning Commission. Those are existing. There were some trees shown, the number was twelve trees shown up in front of this facility on Rupple Road. Those have all died in the past ten years according to the applicant. With regard to the existing trees on this property that we are looking at today, I am not sure whether or not that bill of assurance with regard to the 60% of the tree preservation would apply to those trees. The bill of assurance did apply to this piece of property that we are looking at tonight but I'm not sure what the total number of trees that were existing on the site prior to development and what remains out there today. That's going to take additional research. The applicant may be able to give more information on that. With regard to the access off of Wedington, there has been a curb cut that has been installed on Wedington and a gravel drive and gate installed on this facility. According to the applicant that gate is only used three to four times•a year to bring in large moving vans onto this site. The bill of assurance is clear. It states that there shall be no access from Wedington. I did talk to the applicant today about this issue and he feels that three to four times year and the gate is locked most of the time, doesn't count as access. A strict interpretation of that bill of assurance means no access to that facility so that would be in violation of that bill of assurance. Odom: I would ask the applicant to please come forward at this time. Do you have any presentation that you would like to make? Caudle, Dennis: I'll answer some of the questions that he brought up there. As far as the original bill of assurances that were given. The facility is more than did that on the trees, we kept more like 70%. There is 193 trees right not on a three and a half acre development that is there today. The number of trees was far in excess of the original request. As far as the road that was put in at the same time the new highway was being built out there which was completed the other day, to put access to that property that was the time, speaking with the state, that the road needed to be cut in there because there would be no access to that property if we didn't put in a road. Something will be built on the property sooner or later of some type. The state indicated that would be the proper time to put in the road so a road was put in. As far as use, all the use is off of Rupple. Just several months ago we put in a we had two gates off of Rupple and we put in another gate off of Rupple, both electronic gates for one is a entrance gate and one is an exit gate. There is no access off of Wedington and is not to be used for that purpose. As far as the zoning that we are asking for, • • Planning Commission October 23, 2000 Page 57 the Large Scale was approved ten years ago was just completed this year. It was a long term. We put the buildings in as the area grew and as the need was. That was just completed this year. The thing that we are looking at came up with some people that rent there recently. I drove up to Bentonville and Bella Vista and Springdale and looked at the facility there. There are no climate control facilities in the City of Fayetteville of this type. All the residents of the City are forced to go to Springdale or further depending on whether they are full. What we were proposing was to put in a climate controlled facility which is exactly like the same type of building as what is there now except it will be. climate controlled with heat and air. It would require going just in front of the existing buildings toward the highway, not even half way to the highway to put in the one building which would be a climate controlled facility. There was a stated by several tenants that recently had to move out because the FDA passed a law that they had to be in climate control. Now they live in Fayetteville and they are forced to go to Springdale. That's why we would like to build another building to serve the people for that purpose which would be the same thing than what is there now. It would look the same and be the same. All it's access would be off of Rupple with the two gates. That is the purpose of why we would like to do this, it does require a C-2 is what I understand for the storage business. That's why we are asking for C-2. That's the purpose of what we are looking to do. PUBLIC DISCUSSION: Odom. Thank you Mr. Caudle. Let me ask now, is there any member of the audience that would like to address us on this rezoning request? COMMISSION DISCUSSION: Odom: Seeing none, I will close the floor to public discussion and bring it back to the applicant for questions and comments of the Planning Commission. Ward: Not that we have much around here but I noticed in Bentonville and Rogers areas that they are putting in a lot of really nice looking office complex on the front of the road with nice looking buildings glass and brick and stone. With the Targe climate controlled self -storage attached to them behind them for the vendors of Wal-Mart. Those have really been filling up fast I noticed. It's a very nice looking facility from the road because it is office type areas all along the front of the road attached to it, behind it is part climate controlled storage units that these businesses can use or whatnot for • • Planning Commission October 23, 2000 Page 58 warehousing that would be something I would consider more towards than I would just a self storage property out there on Wedington Drive. Caudle: I looked at facilities in Springdale and I've looked at them in Bentonville, I haven't been to Bella Vista or that far north. I've been as far as Bentonville and looked at the facilities. I've been to the ones in Springdale, as far as there is two different type of buildings between the two I have seen and then talking with the builder that built the one in Bentonville, which is also the one that built all the buildings that I've built over the years That's the one that I looked at and the one he was describing. I did look at the one in Springdale which he did not build but they are a entirely different type. Hoffman: If everybody is done speaking I have some questions too. Let me start with staff. I understand the need for expanded storage area however, I am quite opposed to having it the front on Wedington. Have you looked at the possibility of instead of rezoning, doing a Conditional Use that carries with it certain guarantees that what is constructed is not visible from Wedington along the lines of Commissioner Ward's statement either by landscaping, screening or by a more attractive office type of building. Is that possible to do instead of lust rezoning? I couldn't be comfortable with rezoning it for the storage units to face Wedington. We are really trying to take care with this important corridor because it's just going to continue to grow and you have all the references and cross-references to College Avenue and quite frankly self -storage facilities are not the most attractive buildings in the world but there is a good need for them. That's my question for staff on the Conditional Use, when he has addressed that, 1 would like to ask if you considered just conditioning the existing buildings? Tim, could you go first? Conklin: Mini storage or storage units require a Conditional Use in C-2. They are not allowed in C-1 zoning. They are not Neighborhood Commercial use. The Conditional Use part of it you can not apply for unless it's zoned C-2. This issue came up ten years ago and Mr. Caudle walked with a bill of assurance to build a mini storage on the back part that's zoned C-2. We have had what you talked about built in Fayetteville. The Keating's built some mini storage over by Brahm's on College Avenue with office and retail space up front. It's been built on Highway 265 also. I think Mr. Wilkins has built some offices up front, mini storage in the back. Overall, I'm concerned about our Commercial Design Standards and trying make it an attractive commercial area for the residents that live out on Wedington Drive. When you have a storage building it's difficult to have anything other than just a metal building due to the cost involved. I'm all in favor to have that type of mixed use if we could have some type of office or retail up front but just stand alone, I do not support that. • • Planning Commission October 23, 2000 Page 59 Hoffman: Caudle: Back to the applicant, have you considered conditioning your existing buildings? As far as what we are talking about there, like I said I was only coming out a little not even near close to half way to the highway. This new building would only go out a little ways out from the existing fence now. _ The fence would be moved in front of that building and there is still the large lot, probably close to an acre. Just a fraction under probably for something would be built in the front whether it be an office. As far blocking the view, there is still plenty of room there that something can be built on the front of the property. As far as this building here where all the other, if you are driving down Wedington, you see all the ends of every one of them and you can see up the alleys. This building would face east and west which would block most of the buildings on that end with that one building instead of all the buildings on the end this would be blocked with the one building. As far as the way of prettying it up, if it's possible to do that, I would consider some kind of prettying up that side of the building if that would be something you would be interested in looking at because I just have to talk to the builder and see what could be done. Whether you can put a side on that side of the building that faces the highway that is more attractive, I would be willing to look at that for sure. Definitely something will be built in front of it, facing from this building to the highway in the future. That was one concem ten years ago. Hoffman: They only thought is for expansion then? Caudle: The what? Hoffman: The only request then is for expansion, you had not considered the retro fitting of the conditioned space in the existing buildings? Caudle: The additional space? Hoffman: Conditioning the existing space. Caudle: I talked to the builder, it would almost be impossible to do due to the electricity. These do require air and heat and it's just like your living room as far as humidity what they go by. Climate control factors. As far as asking about reconditioning something that we got and he said it probably could be done but is an impractical item. Hoffman: Okay. My final question for the applicant, on the east side of the property, it looks like there is an area that is vacant and has no buildings; could that be a location for what you are proposing? On our little site plan on page 4.17, I don't know if you have the same Planning Commission October 23, 2000 Page 60 sheet or not. Conklin: Since this data was received from the City with regard to building footprints, two additional storage buildings have been built. There is no additional room. They built that at the Large Scale Development plan that was approved ten years ago. Hoffman: That's all the questions I have. Thank you very much. Conklin: I would like to just to inform you as a Commission and the applicant and public that when I did meet with the applicant today, we did talk about the existing trees on this site. I did encourage Mr. Caudle to get with our Tree and Landscape Administrator with regard to the existing oak trees on this piece of property for consideration of this development and future developments on this piece of property. I will work with Kim Hesse and go over the bill of assurance with her to make sure that it was met in 1990 and today and look at any remedies that we have to take to make sure it's not being violated. Ward: Mr. Caudle, what is the size of the lot? Do you know what the depth is? Caudle: From Wedington back to where the C-2 starts is 254 feet, I believe. Ward: You are planning on using 125 feet of that? Caudle: Far less than that. The building where the other units are 20 wide or 30 wide and fairly long, the climate control has to be a lot wider building because of they way this is handled as far as the heat and air. This building will be 60 feet wide, twice as wide as any building there facing the other direction, it would be approximately 170 long. Ward: So you really only need 70 feet? Caudle: Approximately 70, what I was looking at it would be from the front of the building facing Wedington to where the fence would be re -erected there would be approximately twenty-five feet to drive around the building so you are looking at about 85 to 90 feet probably toward Wedington. Ward: I'm just trying to work with you, in my case, I would not rezone the frontage on Wedington anything but R-0, which it is right now. We do allow a lot more uses in R-0 than we used to. There is a possibility that, I can't speak for anybody else but I would be maybe interested in helping you. I do think there is a need for some climate control • • • Planning Commission October 23, 2000 Page 61 warehouse type of buildings out there and we can maybe zone C-2 a small parcel back there for you, 70 or 80 feet of it. As far as changing the whole thing to C-2, it's not going to happen tonight, I know that. Those are some ideas that you might think about. Caudle: It's zoned half way to the highway to accomplish this building so the climate control could be completed. Again I'm trying to fulfil the need that I've had a lot of requested for. As far as the frontage, I don't intend to put a storage building out on Wedington up against the highway. I never have. When the Large Scale was done there is no more property in the C-2 area and it was just a case of there are times of the year when storage units are hard to find around the City of Fayetteville. This building here was to accomplish that. Ward: I don't feel like I can support your change to what you need. I think it would be smart to table it or come back with a different proposal than what you have tonight for sure. Caudle: Not only going part way to the highway? Ward: We can't. Odom: Since we are throwing, I'm going to go ahead and let you know, I'm not going to be in favor of that proposal as well. I think a lot of concession were made originally when this property was zoned C-2 with the bill of assurances and the R-0 up front. I think all this negotiation has already taken place and the work has already been done. I think we have plenty of C-2 Commercial inside the city limits of Fayetteville and so if there is a need for this type of facility I think that there are plenty of areas that this type of • facility could go. So I'm not going to be in support of any proposal to accommodate this piece of property any further. I think you need to know that up front before you decide to start negotiating or doing anything of that nature. You may want to get the feel of the rest of the members of the Commissioner. Anybody else? Marr: I agree with you completely. Allen: As do I. Bunch: As do I. Hoffman: In your proposal you said you would have a 60 foot wide building with about a 25 foot drive aisle and you only have 1.5 acres here so that to me implies that would be taking up a greater part of it. In the sixty foot wide building would that be a double loaded • • Planning Commission October 23, 2000 Page 62 building with the garage doors facing Wedington and facing the other side? In other words, doors from the north and from the south? Caudle: The facility I've seen in Bentonville, it's climate control is inside the center. There is an outer border. Hoffman: Caudle: Right. So you would have garage doors facing Wedington. Yes. In that facility I've seen up there. That is what I was talking about what to do on the front of it there. Hoffman: That being the case, I always hate to be negative toward a need but I. would suggest you to look elsewhere and find some land that is already zoned appropriately for this because this is an important aesthetic issue to this corridor. It was addressed ten years ago. I too would deny a zoning vote tonight. Marr: Do we need a motion? Odom: Yes. Hoffman: Unless he wants to withdraw the request. Odom: We can move to approve, we can move to deny or if we don't take any action... Conklin: You do need to take action on it. I think our ordinance states that if you don't take any action you can deem as approved. I want you to take action on it this evening. Odom: Not only that, it give the applicant something. We are nothing more than a body that recommends something anyway. Even if we approve it, he's got to go to the City Council. If we deny it, it give him a right to appeal it. For the applicants sake, I think we owe him the courtesy of doing something. MOTION Marr: I would like to move to deny RZ00-25.00 based on the comments that you have heard. Allen: Second • Odom. We have a motion by Commissioner Marr, second by Commissioner Allen, RZ 00-, • • • Planning Commission October 23, 2000 Page 63 25.00. Caudle: The comment that was made a short time ago as far as possibly tabling it and resubmitting with only partial for this building. Odom: You can certainly do that if you want to but I'm here to tell you right here, right now, it doesn't sound as though that's even going to fly. Caudle: You are telling me that's not going to work either. Odom. That's right. You have only one member even talking in favor of that. I would think you would be better served to go ahead and accept the denial and negotiate with the City Council if they are willing to do that. I don't know if they would be. I wouldn't delay your project any further, if I was you but that is your call. If we deny you tonight, you have the right to appeal that to the City Council. Hoffman: If the City Council denies his request, is it six months or one year? Conklin: It's one year. Hoffman: It would be then another year before you could bring another idea forward. Odom: No. That's not necessarily true. You could bring another idea forward. You can't C- 2 the whole thing. Conklin: You could modify your request and bring it forward. Hoffman: I just want to make sure you understand what to expect. Odom: Any further discussion? Call the roll. ROLL CALL: Upon roll call RZ 00-25.00 is denied by an unanimous vote of 6-0-0. • • • PC Mtg 10-23-00 AD 00-19.00 General Plan 2020 Update RZ 00-24.00 Rezoning Martin, pp 755 CU 00-26.00 Conditional Use Gunnell, pp 213 MOTION Marr Marr Hoffman SECOND Allen Hoffman Marr D. Bunch Y Y Y B. Estes Absent Absent Absent L. Hoffman Y Y Y S. Hoover Absent Absent Absent N. Allen y Y Y D. Marr Y Y Y C. Odom Y Y Y Shackelford Absent Absent Absent L. Ward Y Y Y ACTION Forwarded Approved Approved VOTE 6-0-0 6-0-0 6-0-0 • • PC Mtg 10-23-00 RZ 00-25.00 Rezoning (Denial) Change Bertha Street from a collector street to Relocating the collector street connecting two streets together between Ash and Charlie a local street AND change Harold Street from a local street to a collector street MOTION Marr Ward Odom SECOND Allen Bunch Marr D. Bunch Y Y Y B. Estes Absent Absent Absent L. Hoffman Y Y Y S. Hoover Absent Absent Absent N. Allen Y Y ti Y D. Marr Y Y Y C. Odom Y Y Y Shackelford Absent Absent Absent L. Ward Y Y Y ACTION Denied Approved Approved VOTE 6-0-0 6-0-0 6-0-0