August 26, 2010
MINUTES
COMMISSION MEMBERS PRESENT COMMISSION MEMEBERS ABSENT
OTHER STAFF MEMBERS PRESENT OTHER STAFF MEMBERS ABSENT Chairman Todd called the regular meeting of the Maumelle Planning Commission to order at 6:30 pm. ANNOUNCEMENTS APPROVAL OF MINUITES FOR July 22, 2010 MOTION: Commissioner Wyeth made a motion to approve the minutes as submitted. Commissioner Green seconded the motion and the motion passed unanimously.
PUBLIC COMMENT
OLD BUSINESS
NEW BUSINESS Mr. Narey stated the request was to locate an events center at 301 Commerce Drive, currently Tutu’s and Tennis Shoes. Mr. Narey stated applicant had been before the Commission twice before for Conditional Use permits that were approved, and that Staff recommended for approval. Charity Headley, Owner, stated she held dance classes Monday through Thursday, and was hoping to have additional income through holding events at the 5000 square foot facility. Chairman Todd asked what type events Mrs. Headley hoped to host. Mrs. Headley stated she hoped for birthday parties, family reunions, and wedding receptions. MOTION: Commissioner Kierre made the motion to recommend for approval to the Maumelle City Council the Conditional Use Permit application to allow an events center in a C-3 zone regarding 301 Commerce Drive, Tutu’s and Tennis Shoes. Commissioner Fisher seconded the motion. The motion was passed unanimously.
B) Request for variance regarding Sec. 70-133 (b) easements and public rights- of- way. Mr. Narey stated the variance was to allow an unmanned guard shack in a public right-of-way. Mr. Narey stated this was not allowed per Section 70-133, that states no structure may be erected in the public easement or right-of-way. Lynn Dickey, developer and applicants’ representative, stated this development was being designed to allow larger lots and larger square footage homes. Mr. Dickey stated the purposed structure would be 8X8, smaller than the 12X12 that had been installed in other developments. Mr. Dickey stated this would be for ascetic purposes and to possibly slow traffic. Mr. Dickey stated the development was going to be named Cypress Valley Estates and the guard shack helped separate this development from the existing subdivision. Chairman Todd asked how the traffic flow would be different from any other subdivisions with a guard shack. Brian Dale, White-Daters applicant representative, stated there would be a 20 foot lane for fire safety, and he would work with the City Engineer on any requirements he might have. Chairman Todd stated there were two proposed guard shacks shown on the plat, and asked if the variance request was for both or only the one in this development.Mr. Dale stated at this time they were requesting only for the one located inside this development, unless the Commission would allow the variance for both. Mr. Dale stated the other phase would not be developed for two or three years or until the market demands. Chairman Todd asked who would be responsible for maintaining the guard shack. Mr. Dickey stated Maumelle Valley Estates POA would be responsible for maintaining the guard shack. Commissioner Kierre asked if the Fire Department had approved the plans. John Payne, Maumelle Fire Department, stated 20 foot road width was the minimum state requirement. MOTION: Commissioner Johnson made a motion to approve the variance request regarding Sec. 70-133 (b) to allow a guard shack in a public right-of- way for Maumelle Valley Estates, Phase 15 contingent upon satisfaction of all Staff and Commissioner comments. Commissioner Kierre seconded the motion. The motion was passed may a vote of 4 in favor, 3 against. Commissioners Wyeth, Green, and Fisher were not in favor. C)Revised Preliminary Plat, Maumelle Valley Estates, Phase 15. Mr. Narey stated the only Staff comments were to change general notes 13 &14 as they contradicted themselves. Mr. Narey stated note 13 stated a portion of the property was within the 100 year floodplain; note 14 stated no portion of the property was within the 100 year floodplain. Mr. Narey stated any work within the floodplain requires a developmental permit be obtained from Planning & Zoning along with a no adverse impact certificate. Mr. Narey stated he had an email from City Engineer stating there were no engineering issues for the development. Mr. Narey stated pending any further Commissioner comments, Staff would recommend for approval. MOTION: Commissioner Kierre made a motion to approve the Preliminary Plat for Maumelle Valley Estates Phase 15 contingent upon satisfaction of all Staff and Commissioner comments. Commissioner Johnson seconded the motion. The motion was passed unanimously. D)Request for variance regarding Sec. 70-138(1)c (sidewalks)Mr. Narey stated the consideration for variance, for Windwood Heights, regarding Single Family Detached developments must have a sidewalk or paved walk path on one side of the street or the other per Section 70-138. Mr. Narey stated the applicant had made an effort to connect the walk paths however there were none on the street. Chairman Todd asked the applicant if the walk paths would tie into the existing walk paths. Bob Holloway, Holloway Firm applicants representative, stated his intention, if approved was to tie into the existing walk path that will connect to the park. Commissioner Johnson asked why the applicant could not meet the requirement. Mr. Holloway stated the beginning of the subdivision has walk paths, the current development was a short street and they felt it was more important to connect to the existing paths rather than a build a sidewalk that would not connect to any as none exists currently. Mr. John Wright, developer, stated this has been accepted in past designs and is safer to use paths and tunnels rather than a sidewalk with traffic. Chairman Todd asked if it would be an asphalt path with out stair steps despite the steep terrain. Mr. Wright stated there would be no stair steps in the walk path. Commissioner Johnson asked if the terrain had a slope greater than 10%. Mr. Wright stated it could be. Commissioner Wyeth asked why the Planning Commission was considering the variance. Madam City Attorney Davis stated the Commission should consider protecting the health and safety of the public, to consider unique situation for that property, reasonable uses for a particular property, and consider undue hardships to the property owner. Mr. Wright stated they were trying to provide affordable homes in Maumelle, and in trying to meet that need they proposed to provide walking paths instead of sidewalks. Mr. Wright stated the walk paths were safer for the children. Commissioner Wyeth stated if they were not required to build sidewalks to meet the standard of the ordinance the City will have to provide the sidewalks later. Commissioner Wyeth stated sidewalks were important to the City. Commissioner Wyeth stated he felt the applicant should be required to follow the rules. Mr. Wright stated his customers wanted walk paths. Mr. Jack Wilson, developer, stated the City had to decide to abandon the walk paths or use good safe reasoning and consider what was best for the community. Mr. Wilson stated it was financially cheaper for the developers to build sidewalks however; it creates a broken path system that would never be completed. Commissioner Johnson asked of they would add a plat note about the path and a note regarding the requirement to connect. Mr. Dwight Pattison stated the Code reads in Sec. 70-138 (2) internal pedestrian systems in the form of paved pathways may be substituted for sidewalks along streets if requested by applicant with the approval of the Planning Commission. Mr. Pattison stated the Code also read sidewalks and pedestrian circulation systems must connect to existing systems to satisfy internal circulation. Madam City Attorney Davis stated the Commission could require the applicant to connect the existing walk paths. Mr. Narey stated the Section 70-138 (1) c, also requires sidewalks on one side of the street or the other. MOTION: Commissioner Johnson motion to approve the variance regarding sidewalks for Windwood Phase 2 subject to all Staff and Commissioner comments. Commissioner Green seconded the motion. The motion was passed by a 6 to 1 vote. Commissioner Wyeth was not in favor. E) Preliminary Plat, Windwood Heights Lots 1 through 20. Mr. Narey stated this was a six acre development and after the third Staff review, Staff recommended for conditional approval pending satisfaction of all Commissioner Comments. Mr. Narey also stated and slope analysis was to be submitted to the City Engineer, Mr. Rahman emailed to confirm regarding the drainage issues he felt comfortable and recommended a conditional approval. Mr. Holloway stated he would comply with Staff, Commissioner, and City Engineer comments.
MOTION: Commissioner Fisher motion to approve the Preliminary Plat for Windwood Phase 2 subject to all Staff and Commissioner comments, and to include a plat note regarding the variance granted for this development regarding walk paths. Commissioner Greene seconded the motion. The motion was passed unanimously. F) Preliminary Development Plan, Windwood Heights Lots 1 through 20. Mr. Narey stated after the third Staff review, Staff recommended for conditional approval pending satisfaction of all Commissioner Comments. Mr. Narey also stated and slope analysis was to be submitted to the City Engineer where applicable. Commissioner Wyeth stated the plat reflected a detention pond in a public right-of-way on Millwood. Mr. Holloway explained the development plan was not accurate and the detention pond would not be in that exact location, he would comply with City Engineer requirements for detention and show in the final plat. Commissioner Fisher stated he would like this development to be required to appear before the Planning Commission for the final plat and development plan.
MOTION: Commissioner Johnson motion to recommend for approval to the City Council the Preliminary Development Plat for Windwood, Phase 2 subject to all Staff and Commissioner comments, and to include a plat note regarding the variance granted for this development regarding walk paths. Commissioner Kierre seconded the motion. The motion was passed unanimously. G)Submission of Site Plan for Academics Plus Charter School.Mr. Narey stated the applicant was required to submit a copy of the public notice. Staff recommended for conditional approval pending satisfaction of all Commissioner Comments.
Mr. Clayton Vaden, Louis Architects and Engineers, stated the public notice had been run and he would provide a copy to the department of Planning & Zoning. Mr. Narey stated he had received an email from Mr. Rahman stating he recommended for a contingent approval at this stage. Mr. Narey also stated there were questions from Jim Morley, Director of Code Enforcement and Building Inspection regarding a building placed over an easement, the driveway at the southwest corner of the property to be constructed in Phase 1, and if so one portable building will have to be moved to install the new drive. Mr. Narey stated he also had an email from the Mayor inquiring the traffic flow affect on the day care and if so will the school provide another drive for the day care. Mr. Vaden stated he has contacted the day care to discuss details for the project including impact on their driveway. Mr. Vaden stated he would peruse and come to an agreement with the day care. Chairman Todd asked if the portable building will be at the proposed location until Phase 2, and if the location shown was in compliance with our ordinance and fire safety code. Mr. Vaden stated he was not sure what the ordinance requirement was, however he is complying with Arkansas Fire and Building Code that states with the proper fire ratings on the walls the buildings can be as close as 5 feet. Commissioner Green asked if the proposed location of the portable building would be safe for the children during construction. Mr. Vaden stated there would be a fence around the construction area, and take other measures to protect the children. Chairman Todd asked if they are going to provide a fire hydrant in compliance with the fire department requirements of hydrant within 100 feet of the connection. Mr. Vaden stated they would comply. John Payne, Maumelle Fire Marshal, stated a hydrant is required within 100 feet of the connection, and additional hydrants placed at a reasonable location where the fire department could access them. Mr. Payne also stated that during one phase of the construction concrete trucks and other equipment may limit access. Mr. Vaden stated the contractor will notify Fire and Code departments to discuss details and provide the best safety during that construction. MOTION: Commissioner Kierre motion to recommend for approval of the Site plan for Academics Plus Charter School, subject to Staff and Commissioner comments.Commissioner Green seconded the motion.The motion was passed unanimously.H) Submission of Landscape Plan for Academics Plus Charter School. Mr. Narey stated after last Staff review Staff recommended for approval as submitted.
MOTION: Commissioner Johnson motion to recommend for approval of the Landscape plan for Academics Plus Charter School, subject to Staff and Commissioner comments. Commissioner Greene seconded the motion. The motion was passed unanimously. I) Submission of Commercial Building Design Plan for Academics Plus Charter School. Mr. Narey stated after because a portion of the site is located in a C-1 Zone it required the submission of Commercial Building Design. Mr. Narey stated applicant should change the plat to read aluminum facing, and Staff recommended for approval.
MOTION: Commissioner Greene motion to recommend for approval of the Commercial Building Design for Academics Plus Charter School, subject to Staff and Commissioner comments. Commissioner Johnson seconded the motion. The motion was passed unanimously.
MOTION: Commissioner Fisher made a motion to close public hearing. Commissioner Johnson seconded the motion and the motion passed unanimously. PUIBLIC HEARING WAS CLOSED AT 7:50 pm. LIASON REPORT Aug 16 Chairman Todd reported the third reading of Ordinance 754 regarding dedication of streets and drainage, and resolution 2010-15 for Osage Terrace Preliminary Development Plan.
MOTION: Commissioner Kierre made a motion to adjourn the meeting. Commissioner Fisher seconded the motion and the motion passed unanimously.
The meeting was adjourned at 7:54 p.m. |
Maumelle, Arkansas 72113
Phone: 501-851-2500
Fax: 501-851-6738