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HomeMy WebLinkAbout2007-05-14 MinutesPlanning Commission May 14, 2007 Page I of 13 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on May 14, 2007 at 5:30 p.m. in Room 219 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: February 26, 2007 and April 23, 2007 Approved Page 3 LSP 07-2556: (WILSON, 374) Approved Page 3 LSD 07- 2550: (C -QUAD MINI -STORAGE, 642) Approved Page 3 VAC 07-2570 (VISTA HEALTH, 138) Forwarded Page 3 CUP 07-2560: (BOHOT, 679) Tabled Page 4 PPL 07-2455: (RUSTIC MEADOWS, 479/515) Approved Page 5 CUP 07-2561: (NANTUCKET III, 563) Approved Page 7 CUP 07-2562: (HEDGE, 564) Approved Page 8 CUP 07-2563: (IVEY, 446) Approved Page 9 CUP 07-2539: (PHYSICIANS SURGERY CENTER, 175) Approved Page 10 CUP 07-2540: (PHYSICIANS SURGERY CENTER, 175) Approved Page 10 R-PZD 07-2531: (PAH FACILITY, 21) Forwarded Page 12 A DVD copy of each Planning Commission meeting is availablefor viewing in the Fayetteville Planning Division. MEMBERS PRESENT MEMBERS ABSENT Planning Commission May 14, 2007 Page 2 of 13 James Graves Jill Anthes Matthew Cabe Hilary Harris Christine Myres Sean Trumbo Lois Bryant Alan Ostner STAFF PRESENT Jeremy Pate Andrew Garner Jesse Fulcher Glenn Newman/Engineering CITY ATTORNEY: David Whitaker Andy Lack STAFF ABSENT Matt Casey/Engineering Planning Commission Chair Jill Anthes called the meeting to order. Commissioner Anthes requested for all cell phones to be turned off and offered audio devices. Jeremy Pate, Director of Current Planning, called the Planning Commission roll. Commissioner Lack was not present. Planning Commission May 14, 2007 Page 3 of 13 CONSENT: Approval of the minutes from the February 26 and April 23, 2007 Planning Commission meetings. LSP 07-2556: Lot Split (WILSON, 374): Submitted by JORGENSEN & ASSOC for property located at 1809 N. FOX HUNTER ROAD, LOT 9 PIPER'S GLEN. The property is in the Planning Area and contains approximately 2.07 acres. The request is to divide the subject property into two tracts of 0.63 and 1.44 acres. LSD 07-2550: Large Scale Development (C -QUAD MINI -STORAGE, 642): Submitted by MANDY BUNCH for property located at CITY LAKE ROAD -INDUSTRIAL PARK. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL AND I-2, GENERAL INDUSTRIAL, and contains approximately 6.57 acres. The request is for one office/warehouse building, two small office buildings, and a self -storage facility with office/living quarters with associated parking. VAC 07-2570: (VISTA HEALTH, 138): Submitted by H2 ENGINEERING, INC. for property located at 4253 N. CROSSOVER ROAD. The property is zoned R -O, RESIDENTIAL OFFICE and C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 9.94 acres. The request is to vacate a utility easement within the subject property and dedicate a new easement for the utilities. Commissioner Anthes read descriptions of those items on the Consent Agenda. She asked if any member of the Commissioner or the public would like to remove any of the items on the consent agenda. Seeing no response, she called for a motion. Motion: Commissioner Ostner moved to approve the consent agenda. Commissioner Myres seconded the motion. Upon roll call the motion passed 8-0-0. Planning Commission May 14, 2007 Page 4 of 13 NEW BUSINESS: CUP 07-2560: (BOHOT, 679): Submitted by WILMA BOHOT for property located at 124 E. 26TH CIRCLE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.38 acres. The request is for an in-home occupation, daycare, in the RSF-4 Zoning District. THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED TO THE MAY 29, 2007 PLANNING COMMISSION MEETING. Commissioner Anthes stated the applicant has requested this item be tabled until the next Planning Commission meeting, and asked if there were anyone present to comment. Seeing no one, Anthes asked for motions to table the item. Motion: Commissioner Graves made a motion to table the item to the next Planning Commission meeting. Commissioner Ostner seconded the motion. Upon roll call, the motion passed with a vote of 8-0- 0. Planning Commission May 14, 2007 Page 5 of 13 PPL 07-2455: Preliminary Plat (RUSTIC MEADOWS S/D, 479/515): Submitted by DAVE JORGENSEN for property located S OF PERSIMMON, BETWEEN BROYLES AND 54TH. The property is zoned RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contains approximately 33.43 acres. The request is for a residential subdivision with 143 single family dwellings. Andrew Garner, Senior Planner, gave the staff report. Garner gave a brief history of the property discussing that the property has a Bill of Assurance limiting the total number of lots to 143 lots, and that the Master Street Plan was amended in the past year to realign Persimmon Street, a Collector, through the property, and reclassify the existing Persimmon Street as a Local Street. Garner also discussed that Owl Creek Trail is identified on the Fayetteville Alternative Transportation and Trails Master Plan to be located along the north edge of this property, and that the developer has agreed to donate approximately 0.94 acres of land for the trail corridor as shown on the plat. The City has agreed to construct a 6' wood privacy fence along the north edge of lots 1-31 in exchange for this land donation. Finding that the preliminary plat meets the requirements of the Unified Development Code staff recommended approval of the request with several conditions of approval as noted in the staff report. Matt Mihalevich, Trails Coordinator, discussed Owl Creek Trail and staff's desire to limit addition of a street connection to the north across the trail. Mihalevich discussed that the privacy fence to be constructed may reduce visibility for vehicles utilizing a connection to see pedestrians on the trail. No public comment was received. Jared Inman (applicant) was present for the application, stating agreement with staff recommendation and conditions of approval. Commissioner Myres state concern with the privacy fence, and understands the developer wanting the privacy fence. The fence prevents people in the houses in the subdivision from seeing the trail and is a public safety issue with many children that will be using the trail to walk to and from school. Myres asked about the possibility of installing blinking lights at the crossing. Mihalevich responded that a pedestrian crossing with blinking lights and a sign would cost approximately $20,000.00, and would probably not be appropriate in this location due to the low amount of traffic. Commissioner Harris asked staff about the planning commission's authority to regulate the subject fence, and noted concerns with a fence on both sides creating a canyon effect. Jeremy Pate, Director of Current Planning, responded that current City ordinances have no control over the ability to install a privacy fence in the subject location. Pate noted that the City would be constructing the fence. It was also discussed that the fence will be located on private property and would be able to be constructed by the private property owners if the City were not installing it. Pate also noted that the proper way to deal with these issues is to address it through ordinance amendments, not on a project by project basis. Planning Commission May 14, 2007 Page 6 of 13 Commissioner Trumbo asked about the pedestrian access to the trail in the vicinity of Lots 18 and 19. Mihalevich responded that there would be a five-foot sidewalk providing connection from the street north between Lots 18 and 19 to the trail. Trumbo suggested tapering the fence down near the intersections to provide adequate visibility. Pate stated staff would speak to the property owner to see if a different fence is possible or agreeable. Commissioner Ostner stated that to run a fence next to a trail as proposed is not safe. The way the trail and fence will be installed on this project sets a bad precedent for future trails. No eyes on the street as a result of the fence will be a safety hazard. Commissioner Anthes stated that this project meets the requirements of the UDC. A fence along the trail on one side is not desired, however, it will be worse if the property to the north re -develops and a fence is also installed on the north side of the street, creating a 2,000 -foot long canyon with a street surrounded by fence on either side. Another issue this development has brought up that should be addressed in City ordinances is that houses turn their back to the road. Motion: Commissioner Graves stated that he shared in some of the reservation expressed by the Commissioners regarding the proposed fence and children's safety, but supports staff's recommendations and finds the project complies with the UDC. Graves made a motion to approve the request, finding in favor of all conditions of approval. Commissioner Myres seconded the motion. Upon roll call, the motion passed with a vote of 8-0-0. Planning Commission May 14, 2007 Page 7 of 13 CUP 07-2561: (NANTUCKET III, 563): Submitted by N. ARTHUR SCOTT for property located at 1228 S. WOOD AVENUE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 3.82 acres. The request is for a club house for the apartment complex. Andrew Garner, Senior Planner, gave the staff report. Finding the proposed club house/village center to be compatible with the surrounding neighborhood, staff recommended approval, with conditions. No public comment was received. Ferdi Fourie with Project Design Consultants (applicant) was present for the application, and passed out a photograph of a similar clubhouse constructed with phase II. He was available for questions. Motion: Commissioner Ostner stated the proposal was compatible and made a motion to approve the request with all recommended conditions. Commissioner Trumbo seconded the motion. Upon roll call, the motion passed with a vote of 8-0-0. Planning Commission May 14, 2007 Page 8 of 13 CUP 07-2562: (HEDGE, 564): Submitted by RICHARD HEDGE for property located at 1201 HUNTSVILLE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.01 acres. The request is for a duplex in the RSF-4 Zoning District. Andrew Garner, Senior Planner, gave the staff report. Finding the reuse of the church a unique adaptive reuse that was compatible with the surrounding neighborhood, staff recommended approval, with conditions. No public comment was received. Richard Hedge (applicant) was present for the application, stating he was available for questions. Commissioner Anthes asked if any guest parking above the two spaces per unit were planned, and if the applicant considered placing the parking in the rear of the structure. Garner stated there was plenty of room on the lot for additional parking, and did not know if the applicant considered placing the parking in the rear. Hedge stated he considered placing the parking in the rear, but there a cost factor with doing so. The rear of the property is accessible, and could function as overflow parking. Motion: Commissioner Graves made a motion to approve the request with all conditions of approval. Commissioner Myres seconded the motion. Commissioner Trumbo stated he would prefer to have the parking in the rear, also, but being cost - prohibitive, would support the request as it stands. Commissioner Ostner stated the issue is that this is a special request, and that it is within a single family residential neighborhood. Ostner stated he would rather see the parking in the rear. Jeremy Pate, Director of Current Planning, clarified that the residential neighborhood to the east and south adjacent to the property was a two-family neighborhood. There were some remnant single family houses in the area. Commissioner Myres stated she would be more concerned if the parking and building were closer to the road, but as it is situated, she had no problem. Additionally, many of the dwellings in the area have parking in the front, as opposed to the rear, and that the subject building has had parking in the front for many years when it was used as a church. Upon roll call, the motion to approve passed 8-0-0. Planning Commission May 14, 2007 Page 9 of 13 CUP 07-2563: (IVEY, 446): Submitted by KEN IVEY for property located at 406 E REBECCA. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.37 acres. The request is for a 2 -story garage/workshop on the subject property that exceeds 50% the size of the principal structure. Jesse Fulcher, Current Planner, gave the staff report. Fulcher described the property and the ability for the applicant to place the structure on the property and meet setbacks as if it were a stand-alone single family home. Finding the structure compatible with the neighborhood, staff recommended approval, with conditions. No public comment was received. Ken Ivey (applicant) was present for the application, and stated it was possible to locate the structure on the property to meet the setbacks as requested. The reason for its current location was because of some large trees. Ivey stated he was okay with that as a requirement. Motion: Commissioner Myres commended the applicant on the transformation of the previously dilapidated house in the neighborhood and made a motion to approve the request with all conditions of approval, finding in favor of condition of approval #1. Motion to Amend: Commissioner Graves seconded the motion, and made a subsequent motion to amend Condition of Approval No. 3 to remove the language "if possible," requiring the structure to be located on the property within the setbacks as noted. Commissioner Ostner seconded the motion to amend. The motion to amend passed 8-0-0. Motion to Approve: With no further discussion, Anthes asked for roll call on the motion to approve, as amended. Upon roll call, the motion to approved as amended passed with a vote of 8-0-0. Planning Commission May 14, 2007 Page 10 of 13 CUP 07-2539: (PHYSICIANS SURGERY CENTER, 175): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at 3873 N. PARKVIEW DRIVE. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 2.97 acres. The request is for a conditional use permit to allow for hospital use, Use Unit 4, within the R -O zoning district. CUP 07-2540: (PHYSICIANS SURGERY CENTER, 175): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at 3873 N. PARKVIEW DRIVE. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 2.97 acres. The request is for additional parking offsite parking. Commissioner Anthes stated that items CUP 07-2539 and CUP 07-2540, both for the Physicians Surgery Center, would be heard at the same time. Andrew Garner, Senior Planner, gave the staff report for both CUP 07-2539 and CUP 07-2540. Garner discussed that the existing medical office use would be changed to become a certified hospital, and that parking for the addition would be provided across the street on a separate parcel, thereby requiring an additional conditional use permit for offsite parking. Garner discussed that a medical office has been at this property for many years, and the change to allow for hospital services in this office park area would not adversely affect surrounding properties. Garner discussed that adequate pedestrian access would be provided from the offsite parking lot to the medical office/hospital directly across the street. Finding the hospital use compatible, and the offsite parking request appropriate, staff recommended approval of the conditional use requests for both the hospital and offsite parking. No public comment was received for CUP 07-2539 or CUP 07-2540. Scott Smith (applicant) was present for the application, stating that the reason for the expansion to the medical office building would be to gain hospital accreditation. Commissioner Harris asked about odor and hazardous waste that may be generated from the hospital and their impacts to residential uses to the north. Garner responded that these issues were considered in the findings regarding compatibility of the hospital use with surrounding property. It was determined that the proposed size and scope of the hospital with 23 beds for a general surgery center would not generate odor or hazardous waste that would be adverse to residential use to the north. The proposal is not for a typical large hospital with large volumes of waste and an emergency room. Harris asked staff if the owner of the hospital decided to decide to increase the scope of hospital services in the future, would it require another conditional use permit. Garner responded that, yes, if the project changes another conditional use permit would be required. Motion for CUP 07-2539: Planning Commission May 14, 2007 Page 11 of 13 Commissioner Graves stated the business has been there a number of years and is a compatible use for the area, and made a motion to approve CUP 07-2539 with all conditions of approval. Commissioner Trumbo seconded the motion. Upon roll call, the motion passed with a vote of 8- 0-0. Motion for CUP 07-2540: Commissioner Ostner stated he agreed with staff s findings that the parking was appropriate and made a motion to approve CUP 07-2540 with all conditions of approval. Commissioner Graves seconded the motion. Upon roll call, the motion passed with a vote 8-0-0. Planning Commission May 14, 2007 Page 12 of 13 R-PZD 07-2531: Planned Zoning District (P.A.H. FACILITY, 21): Submitted by CITY OF FAYETTEVILLE for property located at IVEY LANE, 1/4 MILE E OF HWY 265. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 3.00 acres. The request is for a 17,171 square foot residential/shelter facility and associated parking. Jesse Fulcher, Current Planner, gave the staff report. Fulcher gave a brief description of the proposed development and provided explanations to questions posed at the Subdivision Committee hearing on May 3, 2007. Finding that the project was in compliance the planning policies and the Planned Zoning District Ordinance, staff recommended approval of the rezoning request. No public comment was received. James Geurtz (applicant) was present for the application and stated that the developers were in agreement with the conditions of approval. Commissioner Anthes asked for an explanation on rezoning property with two separate owners (PAH and City of Fayetteville). Jeremy Pate, Director of Current Planning, explained the rezoning of the 1.5 -acre buffer area would remain in perpetuity. At some point in the future, it is the intent of the City's contract with PAH to have the land donated to PAH. Until that time, the City still has to comply with its own ordinances. Commissioner Anthes asked if there is an access easement to the property. Pate stated that there is an access easement from Ivey Lane to the subject property. Motion: Commissioner Myres made a motion to forward the request with a recommendation of approval. Commissioner Ostner seconded the motion. Upon roll call, the motion passed with a vote of 8-0- 0. Planning Commission May 14, 2007 Page 13 of 13 ANNOUNCEMENTS: Jeremy Pate, Director of Current Planning, announced the Subdivision Committee meeting of Thursday, May 17, and reminded Commissioners to be thinking of a date for a retreat in the next month. All business being concluded, the meeting adjourned at 6.35 PM.