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HomeMy WebLinkAbout2007-04-23 MinutesPlanning Commission April 23, 2007 Page I of 10 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on April 23, 2007 at 5:30 p.m. in Room 219 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: March 26, April 09, 2007 Approved Page 2 VAC 07-2519: (MILVER INVESTMENTS, 523) Forwarded Page 3 CUP 07- 2546: (C -QUAD, 642) Approved Page 4 RZN 07-2547 (WINDSOR S/D, 513) Denied Page 5 CUP 07-2543: (TIBETAN HERITAGE INSTITUTE, 445) Approved Page 8 CUP 07-2545: (DWELLING PLACE CHURCH, 363) Tabled Page 9 RZN 07-2520: (KARAS, 439) Approved Page 10 A DVD copy of each Planning Commission meeting is available for viewing in the office of the Fayetteville Planning Division. Planning Commission April 23, 2007 Page 2 of 10 MEMBERS PRESENT James Graves Jill Anthes Matthew Cabe Hilary Harris Andy Lack Christine Myres Sean Trumbo Lois Bryant Alan Ostner STAFF PRESENT Jeremy Pate Jesse Fulcher CITY ATTORNEY: David Whitaker MEMBERS ABSENT STAFF ABSENT Andrew Garner Matt Casey/Engineering Glenn Newman/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 Myres was not present for roll call, but arrived after the consent agenda. CONSENT: Approval of the minutes from the March 26 and April 09, 2007 Planning Commission meetings. 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 Trumbo seconded the motion. Upon roll call the motion passed 8-0-0. Planning Commission April 23, 2007 Page 3 of IO BUSINESS: VAC 07-2519: (MILVER INVESTMENTS, 523): Submitted by MILVER INVESTMENTS, LLC for property located at 500 WEST PRAIRIE STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.20 acres. The request is to vacate un -constructed right-of- way along the west side of West Avenue and un -constructed right-of-way bisecting the subject property. Jeremy Pate, Director of Current Planning, gave the staff report. Due to the receipt of the last remaining consent letter for this vacation on Monday afternoon, staff changed its recommendation from "table" to "forward" to the City Council with a recommendation of approval of the request, with conditions. No public comment was received. Ben Lester (applicant) was available for questions. Motion: Commissioner Lack stated that with all consent forms received, the request to vacate was very straightforward, and made a motion to forward the item for consideration by the City Council with a recommendation of approval. Commissioner Graves seconded the motion. Upon roll call, the motion passed with a vote of 9-0-0. Planning Commission April 23, 2007 Page 4 of IO NEW BUSINESS: CUP 07- 2546: (C -QUAD, 642): Submitted by C -QUAD, LLC for property located at CITY LAKE RD. 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 a mini -storage facility (Use Unit 38) in the I-1 and I-2 Zoning Districts. Jeremy Pate, Director of Current Planning, gave the staff report. Finding the property within the Industrial Park, zoned I-1 and I-2, and surrounded by other industrial zoned and uses, staff recommended approval of the request, with conditions. No public comment was received. Candy Clark (applicant) gave the applicant's presentation, stating the direction of the project had changed from the original five warehouses approved on this site to bring three new businesses to this part of Fayetteville: roughly 50,000 square feet of mini -storage, C&C Services, and her architect's office. This request fits within the Industrial Park, even though it now requires a Conditional Use Permit. The full site plans will be before the Planning Commission in a couple of weeks for large scale development approval. Motion: Commissioner Myres stated this, too, was a very straightforward request, and made a motion to approve the project with the conditions of approval as recommended by staff. Commissioner Ostner seconded the motion. Upon roll call, the motion passed with a vote of 9-0-0. Planning Commission April 23, 2007 Page 5 of 10 RZN 07-2547 (WINDSOR S/D, 513): Submitted by JORGENSEN & ASSOCIATES for property located at 6350 SELLERS ROAD ON THE APPROVED WINDSOR SUBDIVISION SITE. The overall site is zoned RSF-2, SINGLE FAMILY - 2 UNITS/ACRE and contains approximately 34.44 acres. The request is to rezone 13.38 acres to RSF-4, Residential Single Family, 4 units per acre and retain the current RSF-2 zoning on the remaining 21.06 acres. Jeremy Pate, Director of Current Planning, gave the staff report, including the history of annexation and rezoning of the property over the past year. Staff found that the request to rezone to RSF-4 was premature in this area, with inadequate public infrastructure to serve density at four units per acre. Further, rezoning to RSF-4 in this area would signal a policy decision that it was appropriate and desirable to zone land in this part of the City at these densities, which the City's Future Land Use Plan does not currently support. Pate cited the CityPlan 2025, which discourages suburban sprawl and encourages a strong concurrency of development policy, in which projects are approved in areas where infrastructure is existing or funded, as opposed to projects being approved in areas that then demand infrastructure surrounding be improved to serve it. Pate acknowledged this area would likely support increased density in the future, as the City grows to it, but at this time the request could not be supported by staff. Staff further found the resulting lots would be incompatible with those surrounding. Based on the findings within the staff report, staff recommended denial of the rezoning. Sandy Keith spoke in opposition to the rezoning request, agreeing with the staff report. Keith stated she wanted the request denied, that Double Springs Road is a small country road with lots of traffic. Neighbors that opposed the initial rezoning from RSF-1 to RSF-4 had compromised with the RSF-2 that was approved. This request would be inconsistent and not at all like surrounding areas, which are three and four acre tracts. Keith additionally noted that this would negatively affect the Farmington School District, which was already overburdened with students. Dave Jorgensen (applicant) gave the applicant's presentation, stating this property had been considered at least two times in the past year by the Planning Commission. The developers thought the RSF-2 would work, but in reviewing the bulk and area requirements for RSF-2 (lot size and width), they could not make the project work with the number of lots that resulted from the existing streets, curb and gutter that were already poured. Jorgensen stated that the option if enough lots could be developed to connect to sewer is to utilize the already approved plat with 33 lots on septic systems. This request would be to rezone the middle of the subdivision to RSF-4 to get the 67 needed lots. Commissioners Trumbo and Harris asked for clarification of the boundary of the property being rezoned, and how many lots were desired. Pate clarified the boundary, and stated 67 lots were desired. Commissioner Lack stated he would not like to see 33 individual septic systems, especially near Goose Creek, where there is a natural spring from which he has taken a drink many times, but respects staff s recommendation. Lack also stated that sewer should not be the only deciding factor in a rezoning decision. Lack discussed his concerns with the request, and stated he had not yet made Planning Commission April 23, 2007 Page 6 of 10 up his mind on this difficult rezoning, but would like to see the subdivision attached to sewer. Lack questioned the status of the subdivision to the west, in the City of Farmington. Pate stated he believed the Preliminary Plat had been approved, construction had not commenced. Jorgensen stated that was his knowledge of the project as well, and that it was approved to be developed at about RSF-2. He gave a further background on the previous requests, stated he respects staff s recommendation and very rarely goes against that recommendation, but this was a tough situation. Commissioner Lack discussed density verses actual development numbers. Commissioner Graves cited concerns with RSF-4 and asked staff if there were any other way to achieve the same effect as that being requested without a spot zone of RSF-4. Pate replied there are three methods to achieve this result: the rezoning request to RSF-4, variance requests for each individual lot, and a PZD. Staff had recommended the most honest, straightforward approach to the request, as ultimately the applicant was requesting to alter the zoning criteria of the site. Pate explained issues with the variance application requests and described how the bulk and area requirement apply. Commissioner Graves stated he thought the opposite of staff, that this rezoning request was an intellectually dishonest way of achieving the desired result (keeping the density under two units per acre), but that the present request was a spot zone, with the closest RSF-4 zoning '/2 mile closer to the City. Graves stated this could establish an unwanted precedent. He further stated we was not necessarily opposed to the desired result, but could not support the rezoning as requested. Graves noted that while Mr. Jorgensen represented the applicant now, and could state his intentions, the property could change hands and that intent might not be the same. Commissioner Anthes questioned staff of the policy of connecting lots with septic to city sewer. Pate stated that if municipal sewer is reasonably accessible, a property owner is required to tie onto it, based on state laws and city ordinances. However, sewer in this location is not close, to his knowledge, and would not be extended except for development. Commissioner Ostner stated that he agreed with Commissioner Graves, and does not support the rezoning request, citing concerns with density. Ostner stated that too many times neighbors appear before the Planning Commission and City Council with concerns about development and infrastructure, and the policy decision has been made. Ostner stated this was the time to consider these issues and the Commission can stand up for adjacent land owners because the land is in the City. Commissioner Anthes asked staff to describe the role of the Planning Commission and the school districts. Planning Commission April 23, 2007 Page 7 of 10 Pate described these two bodies, along with the City Council, are two very distinct and separate entities. Pate discussed that each boards' decisions affect one another and the two try to coordinate and work together when possible, such as the CityPlan 2025. However, the decisions are unique, and the Planning Commission should not consider the school district in its deliberations. Motion: Commissioner Ostner made a motion to deny the request as recommended by staff. Commissioner Myres seconded the motion. Upon roll call, the motion passed with a vote of 9-0-0. Planning Commission April 23, 2007 Page 8 of IO CUP 07-2543: (TIBETAN HERITAGE INSTITUTE, 445): Submitted by LEANN BRIDWELL/SIDNEY BURRIS TIBETAN HERITAGE INSTITUTE OF ARKANSAS for property located at 525 N. VANDEVENTNER. The property is zoned RMF -40, MULTI FAMILY — 40 UNITS/ACRE and contains approximately 0. 19 acres. The request is to allow a learning facility (Use Unit 4) and a professional office (Use Unit 25) in the RMF -40 Zoning District. Jesse Fulcher, Current Planner, gave the staff report. Based on the findings within the staff report and finding the use compatible with the neighborhood and with the CityPlan 2025, staff recommended approval of the request, with conditions. No public comment was received. Leanne Bridwell (applicant) gave the applicant's presentation, stating the primary intent of the request is to provide a long-term residence for two Tibetan monks to live and work. The secondary purpose is to provide a physical address for their non-profit agency, the Tibetan Heritage Institute of Arkansas. The non-profit status is currently pending. The purpose of their non-profit is to preserve Tibetan culture and heritage. The agency simply needs a space for typical office functions, such as receiving mail, etc. Motion: Commissioner Trumbo stated that with the previous conditional use request at this address there was neighborhood opposition and with this one, there was none. Trumbo stated the conditional use would not have any more impact than the previously approved conditional use permit, possibly less and made a motion to approve the request with the conditions of approval as recommended by staff. Commissioner Ostner seconded the motion. Upon roll call, the motion passed with a vote of 9-0- 0. Planning Commission April 23, 2007 Page 9 of IO CUP 07-2545: (DWELLING PLACE CHURCH, 363): Submitted by DWELLING PLACE CHURCH for property located at 1855 PORTER ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 3.44 acres. The request is for a child care center (Use Unit 4) in the R -A, Residential Agricultural zoning district. Jesse Fulcher, Current Planner, gave the staff report. Based on the findings within the staff report that the church has been in existence and this request will not change the character or compatibility with adjacent land uses, staff recommended approval, with conditions. No public comment was received. Yvonne Williams (applicant) was available for questions. Motion: Commissioner Graves stated this request was very straightforward, a child care within a church that has been in existence for 20 years, and made a motion to approve the conditional use permit, with the conditions as recommended by staff. Commissioner Trumbo seconded the motion. Upon roll call, the motion passed with a vote of 9-0-0. Planning Commission April 23, 2007 Page 10 of 10 RZN 07-2520: (KARAS, 439): Submitted by ROBERT KARAS for property located at 4041 W. WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 1.50 acres. The request is to rezone the subject property to R -O, Residential Office. Jesse Fulcher, Current Planner, gave the staff report. Fulcher gave a brief history of the zoning request on the property. The Planning Commission in 2006 recommended approval of rezoning this property to C-1 for Mariscal. The City Council, however, denied this request. This is a different applicant and a different rezoning request. The Future Land Use Map has changed since the last evaluation, which called for residential land use. CityPlan 2025 now calls for City Neighborhood in this area, which is still primarily residential, but encourages non-residential uses when compatible. Finding the transition of zoning appropriate and compatible, staff recommended approval of the rezoning request. No public comment was received. Rob Karas (applicant) was present for the application, stating the intent for the property was for a medical office building, with a family practice, perhaps a dentist, eye doctor. He had evaluated using the existing two-story brick building, but that his architect had stated it would not accommodate their proposed uses. Commissioner Ostner asked about Wedington Manor. Karas explained this was the existing two-story brick building on the property that had been used as a nursing home of sorts in the past. Motion: Commissioner Trumbo stated he agreed with staff s findings, and that though he had voted in favor of the original C-1, it might have been too dense for this area. Trumbo stated this zoning to be an appropriate buffer and he welcomed medical offices on this side of town (other than for animals), and made a motion to forward the request with a recommendation of approval. Commissioner Graves seconded the motion. Upon roll call, the motion passed with a vote of 9-0-0. All business being concluded, the meeting adjourned at 6.26 PM.