File #: MIN-07:099    Version: 1 Name:
Type: Minutes Status: Passed
File created: 4/10/2007 In control: Metropolitan Area Planning Commission
On agenda: Final action: 5/8/2007
Title: Minutes for the MAPC meeting on April 10, 2007.
Related files: ORD-07:03, ORD-07:04, ORD-07:61

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Minutes for the MAPC meeting on April 10, 2007.

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Metropolitan Area Planning Commission Minutes, April 10, 2007

 

Commissioners absent: Mr. Krennerich left after Item #4

 

Staff present:  City Planner, Otis Spriggs; Assistant Planner- Thomas White; Planning Tech- Jean Rook; Mr. Crego, City Attorney, Kelly Panneck- City Engineer.

 

Approval of minutes from the March 13, 2007, meeting.  Motion was made by Mr. Day, seconded by Mr. Roberts.  Minutes were approved by unanimous vote.

 

1.                     C.U. 07-02.  Demetrius Spanos requests a conditional use to place a church and congregation center on 2.0 acres located at 3701 S. Culberhouse.

 

Dr. Demetrius Spanos came forward as proponent for this item.  Dr. Spanos stated that it is roughly a 2,000 s.f. church which would be approximately 40 ft. wide by 50 ft. long.  It is situated on 2 acres next to Sartin’s Nursery.  It will accommodate approximately 50 - 100 people. 

 

City planner stated that because the site plan was not available for the commissioners in their packets that he wanted to go through the site plan quickly.  The parking requirements would satisfy the zoning resolution as it relates to the site plan review process.  We feel that the proposal would satisfy typical site plan arrangements.  The property is zoned R-1 and staff did not have any objections however we recommended that all of the amenities in terms of site details be submitted for staff review prior to release of any permits.

 

City engineer had no comment.  Site plans will be reviewed when they come in.

 

Mr. Krennerich made a motion to grant the conditional use permit with the stipulations stated by the planner and the plans going to the City engineer for site development.  Mr. Day seconded.  Norris voted aye.  Tomlinson voted aye.  Day voted aye.  Roberts voted aye.  Krennerich voted aye.  Halsey voted aye.  Harpole voted aye.  Collins voted aye.

 

This item was approved.

 

2.                     RZ-07-16  Floyd Walker requests rezoning from C-3 General Commercial to RS-1 Single Family Residential for 5.0 acres located on Ely Walker Rd. south of 63 by-pass.

 

Mr. Floyd Walker came forward as proponent for this item.

 

City planner stated that there are no objections from staff.

 

City engineer stated that they would reserve their statements for an engineering plan.

 

Mr. Tomlinson stated that he would like to see this stay as one structure on one large lot and would like to make a motion to change the zoning to RS-1 L.U. instead of RS-1 for recommendation to City Council.  Mr. Day seconded.  Norris voted aye.  Tomlinson voted aye.  Day voted aye.  Roberts voted aye.  Krennerich voted aye.  Halsey voted aye.  Harpole voted aye.  Collins voted aye.

 

This item was approved to be recommended to City Council.

 

3.                     RZ-07-18  Betty Shaw/Marie Allison request rezoning from R-1 Residential, C-3 General Commercial, C-4 Neighborhood Commercial for a total of 14.0 acres to PUD-RM located east of Caraway between Johnson and Davis.

 

 Betty Shaw came forward as proponent for this item.  The proposal is to let a Campus Crest come in to place a 192 apartment complex on this area.  This is a true market development which will be targeting college students.  Mr. Tom Odai from Campus Crest Communities stated that they are proposing 10 residential buildings and one clubhouse building.  He discussed the amenities of the complex.

 

Mr. Wayne French, Alex Drive, came forward to ask about the cars of the students that will live in the apartments and the impact on traffic.  Mr. French also asked about if any surveys were done as far a need for these apartments and if the residents will use all the amenities. 

 

Mr. Greg Simmons came forward to talk about the traffic study that had been done prior.  Mr. Simmons discussed the impact of traffic on this area. 

 

Mrs. Shaw stated that there will be 5 acres of buffer between this development and any neighbors. 

 

City planner stated that there was excessive amount of parking in their plan and have dropped down closer to the required amount.  They also provided a walking path to connect to the University and good buffering.  The Fire Marshall had some suggestions for accessibility and will talk to the developers about that when the final site plan comes through.

 

City engineer stated that there have been no detailed designs that have come through to engineering but that they have spoken with the developers and feel that their overall concept of detention will be acceptable.

 

Craig Davenport, City Fire Marshall came forward to state that the placement of fire hydrants and truck access are the only concerns that he had.

 

Mr. Day made a motion to recommend this item to City Council contingent upon the approval of the PUD Ordinance.  Mr. Harpole seconded this motion.   Day voted aye.  Roberts voted aye.  Krennerich voted aye.  Halsey abstained.  Harpole voted aye.  Collins voted aye.  Norris voted aye.  Tomlinson voted aye.

 

This item was approved to be recommended to City Council.

 

4.                     RZ-07-19  Dennis John Burks requests rezoning from R-1 Single Family Residential to CR-1 Commercial Residential Mix for .35 acres located at 3304 Harrisburg Rd.

 

Mr. Burks came forward as proponent for this item. 

 

City planner stated that the site plan proposal has been reviewed.  Staff does not support the curb cut on Harrisburg Road since that is state right-of-way.  Staff recommends a CR-1 L.U. with the following stipulations:

 

a.                     No ingress/egress on Harrisburg Rd.;

b.                     prior to occupation that the applicant satisfy all permit and code requirements;

c.                     No modifications nor additions to the existing building be done other than subject to MAPC review and approval in the future; and,

d.                     That the signage be limited to one ground monument sign which will be limited in height by 15’ located a 10’ minimum from the right-of-way and that one wall sign be permitted per building frontage and no billboards be permitted on the site.

 

City engineer stated that he would like to review the site plan when it is sent though.

 

Mr. Krennerich made a motion to recommend this item to City Council a CR-1 L.U. overlay with the stipulations stated by the City Planner and with a submission of a site plan to go to the City engineer.  Mr. Collins seconded.  Roberts voted aye.  Krennerich voted aye.  Halsey voted aye.  Harpole voted aye.  Collins voted aye.  Norris voted aye.  Tomlinson voted aye.  Day voted aye.

 

This item was approved to be recommended to City Council. 

 

5.                     RZ-07-20  Troy Coleman/Jay Harmon request rezoning from AG-1 Agricultural to RS-7 Single Family (7 units per acre) for 37.8 acres located on Kathleen St. between Morton Dr. and Pacific Rd.

 

Mr. Brent Crews came forward as proponent for this item.  Mr. Crews discussed the prior requests for multi-family which were denied and also discussed RS-7 zoning that they are requesting at this time.

 

Mr. Leslie Ward came forward as an opponent for this item.  Mr. Ward presented the commission with a petition with 122 signatures opposing this item.  Traffic issues are concerns and there are concerns with bussing issues for the school.  They are not opposed to progress but are worried what this will do to their property values and are worried that this is not the right type of progress for their area.

 

Mr. Lewis Stadler came forward to state that he respects Mr. Harmon for trying to develop the area but that the amount of homes that Mr. Harmon is suggesting would make traffic too heavy and drainage a problem.  Mr. Stadler believes it should be a zoning of RS-1 instead of RS-7.

 

Mr. Carlos Wood came forward to address the zoning choice.  Mr. Wood stated that they chose RS-7 due to the lot width of 60 ft.  If you put the right-of-way in there for the street, you could possibly get 5.5 lots per acre and they would not have 7 lots per acre on each acre. 

 

Mr. Kenneth Jones came forward and stated that he lived out in this area a long time ago but that this area is a flood zone.

 

City planner stated that staff is puzzled with the use of the land and feel that the residential rezoning would not conflict with land use principles in this area.

 

City engineer has not had an opportunity to review these plans but if this is approved suggested that they provide a detailed drainage study since this area is in a flood zone.

 

Mr. Tomlinson asked about the right-of-way on Kathleen Street and the railroad track right-of-way.  He wanted to know the distance between the track and the property line.  There is approximately 98 ft. from the center of the railroad and the right-of-way that would be right off the center line.  You would have about 18 ft. from the edge of the pavement to the edge of the right-of-way.

 

Mr. Tomlinson made a motion for the rezoning to be approved as submitted and recommend to City Council.  Harpole seconded.  Halsey voted no.  Harpole voted aye.  Collins voted no.  Norris voted no.  Tomlinson voted aye.  Day voted no.  Roberts voted no.

 

This item was not recommended.

 

6.                     PP-07-01  Bob Troutt/Sage Meadows Phase II-C requests preliminary approval for 42-lot subdivision on 14.5 acres.

 

John Easley came forward as proponent for this item. 

 

Mrs. Elizabeth Moore came forward as an opponent for this item.  She is objecting to the water flow that will be added to her property.  Mrs. Moore has pictures of the property prior to Sage Meadows coming in regarding drainage.  Mrs. Moore stated that her property is just down from the proposed new development.  She is opposed to the drainage going to her property from this development. 

 

Mr. Easley stated they were putting in a detention pond on this development. 

 

City planner stated that there are no objections at this time.

 

City engineer stated that they have visited with Mr. Easley on these concerns.  Mr. Easley showed the commissioners the proposed detention pond and explained where the water would go and how they were going to control the water.  Mr. Panneck stated that he believes that the proposed detention pond is within the limits of the engineering requirements.

 

Mr. Collins made a motion to approve this item contingent on final review on engineering and drainage.  Mr. Day seconded.  Harpole voted aye but wants to be satisfied on the final vote to not dump any more water.  Collins voted aye.  Norris voted aye.  Tomlinson voted aye.  Day voted aye.  Roberts voted aye.  Halsey voted aye.

 

This item was approved.

 

7.                     PP-07-02  John Sloan requests preliminary approval for Sloan Lake Estates a 58-lot subdivision on 53 acres located south of Casey Springs Rd. and east of Strawfloor.

 

Mr. Steven Giles, an attorney in Little Rock who represents Mr. Sloan.  He discussed the changes that were made to the plans from the last time they brought this to the MAPC.  The four staff comments that have been addressed from the prior preliminary plat that was brought to the MAPC. 

 

Mr. Bryan Vines came forward regarding the traffic study in this area. 

 

Mr. Carroll Caldwell came forward as opponent for this item.  Ridge Pointe Country Club and Ridge Pointe Property Owner’s Association.  Mr. Caldwell stated that the traffic study was done at the wrong time of the year (no one playing golf and ice, snow).  We are not opposed to a subdivision, we are opposed to the intersection on Strawfloor.  Mr. Caldwell wants them to attach into Ridge Pointe at the other end and not have their main entrance through Ridge Pointe. 

 

Mr. Jerry Brackett came forward as an opponent for this item.  Mr. Brackett stated that there is a lot of golf cart traffic in the Ridge Pointe area.  Also he is concerned with the intersection in Ridge Pointe.

 

Mr. Vines stated that the counts were taken and very comparable to the previous traffic study.  We did not apply all of the traffic to come through Ridge Pointe.  Mr. Sloan believes this development will take approximately 40 or 50 years and there will be arterial roads in the development.  We are only looking at phases 1 and 2 for this plan. 

 

Mr. Easley stated that the intersection is designed with the preparation for Strawfloor to be converted over to a greenway.  

 

Mr. Brackett discussed the roads that were proposed in future developments.  He stated that they should not connect to Strawfloor now but perhaps in the future once there were other arterial streets in place. 

 

Mr. Giles stated that all that they have to work with are the current development guidelines which do not say that you can not connect to certain streets. 

 

City planner Otis Spriggs stated that staff comments have been made several times.  The proposed lots would meet the requirements from the zoning code.  Staff did make the comment to Mr. Sloan about the 5 street intersection,  and it was discussed to perhaps make a roundabout in that area.  Parks Department Jason Wilke  is in support of Strawfloor becoming a greenway. 

 

City engineer Kelly Panneck stated that there have not been detailed drainage drawings provided as of yet but we feel that it meets all the standards of design requirements set forth in our codes.

 

Questions were raised about the right-of-way on the section line.  Mr. Sloan is not adverse to dedicating right-of-way for this but expects all other developers to be held to the same standards.  Mr. Sloan stated that he platted the property next to this and there was no mention of any extra right-of-way but he is a strong proponent for giving the correct right-of-way.  Mr. Day asked about the right-of-way on Casey Springs Road and Strawfloor and what were the regulations for this in the City Code.  City planner said that the master street plan was outdated and needs to be updated.  Mr. Collins asked that an alternate intersection be created.  Another concern that was raised by Mr. Collins was the green space and who pays for the greenway.  Also, with 1400 acres and the connectivity through different streets around, Mr. Collins doesn’t understand why the big push for connectivity to Ridgepointe Drive.  Mr. Sloan has met the requirements within the subdivision that he is proposing but we have to look at the practicality of connectivity and those issues have to be addressed.

 

Mr. Collins made a motion to deny this item and that it be brought back with the intersection be redesigned.  Mr. Roberts seconded.  Mr. Collins voted aye.  Ms. Norris voted aye.  Mr. Tomlinson voted aye. Mr. Day voted aye. Mr. Roberts voted aye. Mr. Halsey abstained. Mr. Harpole voted aye. 

 

This item was denied.

 

8.                     FP-07-01  Prairie Meadows reconsideration of final approval.

 

Mr. Carlos Wood came forward as proponent for this item.  This item was pulled from the agenda last month to provide a grading plan to show that the west lots would be drained from the back of the structure all the way to the front over the curb.  The other items were changed per the stipulations.  We placed a common area and a fence and we will provide a property owner’s association so that it will be maintained and we will provide that to the city planner.

 

Cindy Prince came forward as an opponent for this item.  She stated that her concern is still flooding as it was in the past meeting.

 

City planner stated that all the stipulations and standards have been met.

 

City engineer asked Mr. Wood to speak to Mrs. Prince’s concerns about the drainage.  Mr. Wood stated that 100% of the subdivision’s water would run through the detention area.  Mrs. Prince stated that the detention pond at Beaver Creek doesn’t retain the water in their subdivision.  Are there any plans to do anything with the drainage on Flemon Rd?  City engineer stated that there are plans to improve Flemon Rd.  The drainage plan has been submitted to city engineering but the time line can’t be stated.  Mr. Wood stated he was not the engineer on Beaver Creek but described the water run off of that subdivision. 

 

Mr. Day made a motion to approve this item.  Mr. Halsey seconded.  Norris voted aye.  Tomlinson voted aye.  Day voted aye.  Roberts voted aye.  Halsey voted aye.  Harpole voted aye.  Collins voted aye. 

 

This item was approved.

 

9.                     Administrative Items:

 

a.                     C-2 Zoning District - Hotel Uses

 

Our commercial district does not permit hotels in C-2.  We are anticipating a hotel proposal at the old Lowe’s property.  Should these be approved administratively or do you want to see them.  Commissioners asked to have the area rezoned.  City planner stated that hotels are permitted in C-3 and C-1 at this time.  Commissioners stated they feel that hotels should only be in C-3 and C-1. 

 

b.                     Signage Code

 

City planner states that there have been a lot of calls made to us from the development community.  There is no on premise sign code and staff can foresee some problems along major corridors such as Caraway and Stadium.  We have put a draft out there and would like to have a work session on this item.  Commissioners stated that the calls that have been received in their offices have stated that they would like to have at least a couple of weeks to go over this item and then discuss them.  Commissioners discussed a date for the work session and decided upon April 26, 2007, at 5:00 p.m. at Allen Park.

 

City planner stated that he would like to do a conditional use regarding the fire station that needs to be discussed at the beginning of that meeting.

 

c.                     Caraway Commons

 

City planner stated that they are working on their last phase and was approved as a development in the past.  Mr. George Hamman stated they wanted to develop it as it was approved but they would like to get the time frame approval extended.  Mr. Hamman stated that they were not the original engineers on this property and do not know the original time frame.  City planner stated that they needed an extension on the development.  Mr. Harpole made a motion to reinstate this item and give a one year extension of time.  Mr. Day seconded.  Norris voted aye.  Tomlinson voted aye.  Day voted aye.  Roberts voted aye.  Halsey voted aye.  Harpole voted aye.  Collins voted aye.

 

This item was granted an extension of time.

 

Meeting was adjourned.