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HomeMy WebLinkAbout2007-11-13 MinutesPlanning Commission November 13, 2007 Page I of 14 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on November 13, 2007 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN Staff presentation —Planning Commission Update on 2007 Fayetteville Development Trends MINUTES: October 22, 2007 Approved Page 4 ADM 07-2818: (STEELE CROSSING BUSINESS PARK) Approved Page 4 ADM 07-2819: (THE SHOPPES AT SHILOH) Approved Page 4 ADM 06-2820: (UNIVERSITY CLUB CONDOMINIUMS PZD) Approved Page 4 ADM 07-2831: (6'n AND ROOD PZD) Approved Page 4 VAC 07-2761: (ROETZEL, 370) Forwarded Page 4 CCP 07-2798: (THE VILLAGE AT SHILOH, 519) Approved Page 4 CCP 07-2769: (CMN BUS. PARK II PHASE III, 172-211) Approved Page 4 VAC 07-2758: (BITTLE, 332) Forwarded Page 4 CUP 07-2753: (BRISIEL, 524) Approved Page 6 LSP 07-2744: (BRISIEL, 524) Approved Page 6 CUP 07-2775: (KEENAN, 295) Approved Page 7 Planning Commission November 13, 2007 Page 2 of 14 LSP 07-2618: (KEENAN, 295) Approved Page 7 RZN 07-2782: (SWEETSER, 566) Forwarded Page 8 RZN 07-2781: (DANDY/LEVERETT&NORTH, 405) Forwarded Page 9 CUP 07-2780: (MANSFIELD / GREEN ACRES RD., 368) Approved Page 10 R-PZD 07-2763: (SKATE PLACE II, 366) Forwarded Page 13 A DVD copy of each Planning Commission meeting is available for viewing in the Fayetteville Planning Division. Planning Commission November 13, 2007 Page 3 of 14 MEMBERS PRESENT James Graves Andy Lack Jill Anthes Matthew Cabe Christine Myres Lois Bryant Sean Trumbo Alan Ostner Porter Winston STAFF PRESENT Jeremy Pate Jesse Fulcher Dara Sanders Glenn Newman/Engineering CITY ATTORNEY: Kit Williams MEMBERS ABSENT STAFF ABSENT Planning Commission Chair Jill Anthes called the meeting to order. Commissioner Anthes requested for all cell phones to be turned off, and informed the audience that listening devices were available. Andrew Garner, Senior Planner, called the Planning Commission roll. All members were present. Staff presentation — Planning Commission Update on 2007 Fayetteville Development Trends Jeremy Pate, Director of Current Planning, presented an update to the Planning Commission on development trends for 2007, as compared to previous years. He also gave a brief synopsis of the budget issues facing the Mayor and City Council. This information was presented from a memorandum dated 13 November 2007, of the same name, and included in the packets of the Planning Commission. Planning Commission November 13, 2007 Page 4 of 14 Consent.- Approval onsent. Approval of the minutes from the October 22, 2007 Planning Commission meeting. ADM 07-2818: (STEELE CROSSING BUSINESS PARK): Submitted by McClelland Consulting Engineers, Inc. The request is to extend the approval of the Preliminary Plat, PPL 06-2280, for one year. ADM 07-2819: (THE SHOPPES AT SHILOH): Submitted by McClelland Consulting Engineers, Inc. The request is to extend the approval of the Large Scale Development, LSD 06- 2278, for one year. ADM 07-2820: (UNIVERSITY CLUB CONDOMINIUMS PZD): Submitted by Dave Chapman. The request is to extend the approval of the Residential Planned Zoning District, R- PZD 06-2191, for one year. ADM 07-2831: (6TH AND ROOD PZD): Submitted by Mike McDonald. The request is to extend the approval of the Residential Planned Zoning District, R-PZD 06-2169, for one year. VAC 07-2761: (ROETZEL, 370): Submitted by MIKE AND JULIE ROETZEL for property located at 1626 E. CYPRESS, LOT 46 OF CHARLESTON PLACE SUBDIVISION. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.09 acres. The request is to vacate a portion of a utility easement. CCP 07-2798: (THE VILLAGE AT SHILOH, 519): Submitted by CRAFTON, TULL, SPARKS & ASSOC. for property located at SHILOH ROAD, 2/3 MILE N OF HWY.62 AND I- 540. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 18.09 acres. The request is to divide the subject property into two tracts of 4.8 and 13.29 acres. CCP 07-2769: (CMN BUS. PARK II PHASE III, 172-211): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at THE NE CORNER OF VAN ASCHE AND GREGG AVENUE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 33.18 acres. The request is to create Lot 19A, 9.15 acres and Lot 19B, 5.69 acres and Lot 19C, 16.17 acres. VAC 07-2758: (BITTLE, 332): Submitted by ALAN REID for property located at 2455 E. GENTLE OAKS LANE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.73 acres. The request is to vacate a portion of a utility easement. Commissioner Anthes asked if any item should be removed from the consent agenda. Planning Commission November 13, 2007 Page 5 of 14 Commissioner Lack stated he would be recusing from the consent agenda vote. Motion• Commissioner Trumbo made a motion to approve the consent agenda. Commissioner Graves seconded the motion. Upon roll call the motion passed 8-0-1, with Commissioner Lack recusing from the vote. Planning Commission November 13, 2007 Page 6 of 14 Old Business: CUP 07-2753: (BRISIEL, 524): Submitted by LEGACY VENTURES, LLC for property located at 540 EAST HUNTSVILLE ROAD. The property is zoned RSF-8, SINGLE FAMILY - 8 UNITS/ACRE and contains approximately 1.79 acres. The request is for a tandem lot. Dara Sanders, Current Planner, gave the staff report and described the project history, explaining that the Board of Adjustment previously approved a side setback variance to bring two existing accessory structures into compliance with tandem lot setbacks in anticipation of a vote to approve the conditional use and lot split requests. Staff recommended approval of both requests with conditions. Tim Brisiel, applicant, stated agreement to all conditions in the staff report. Motion: Commissioner Lack made a motion to approve the conditional use request. Commissioner Ostner seconded the motion. Upon roll call the motion passed 9-0-0. LSP 07-2744: Lot Split (BRISIEL, 524): Submitted by LEGACY VENTURES, LLC for property located at 540 E. HUNTSVILLE RD. The property is zoned RSF-8, SINGLE FAMILY - 8 UNITS/ACRE and contains approximately 1.79 acres. The request is to divide the subject property into 3 tracts of 1.40, 0. 18, and 0.21 acres. Motion: Commissioner Myres made a motion to approve the conditional use request. Commissioner Ostner seconded the motion. Upon roll call the motion passed 9-0-0. Planning Commission November 13, 2007 Page 7 of 14 New Business: CUP 07-2775: (KEENAN, 295): Submitted by DAVE JORGENSEN for property located at 3845 SKILLERN RD. The property is zoned RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE and contains approximately 3.00 acres. The request is for a tandem lot. Andrew Garner, Senior Planner, gave the staff reports for both the Conditional Use Permit and Lot split requests, stating the split and resulting tandem lot configuration will not adversely affect the public interest. There are already two existing tandem lots in the county adjacent to the south and other similarly sized parcels in the area. Finding the request would also be in keeping with the character of the area, staff recommends approval. Dave Jorgensen, applicant, stated he was willing to answer questions, and that he agrees with all staff comments. No public comment was received. Motion: Commissioner Lack made a motion to approve the request. Commissioner Myres seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. LSP 07-2618: (KEENAN, 295): Submitted by JORGENSEN & ASSOC for property located at 3845 SKILLERN ROAD. The property is zoned RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE and contains approximately 3.00 acres. The request is to divide the subject property into two tracts of 1.52 and 1.31 acres and dedicated r -o -w. Motion: Commissioner Myres made a motion to approve the request. Commissioner Trumbo seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission November 13, 2007 Page 8 of 14 RZN 07-2782: (SWEETSER, 566): Submitted by DAVE JORGENSEN for property located at 2220 E. HUNTSVILLE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.95 acres. The request is to rezone the subject property to R -O, Residential Office. Andrew Garner, Senior Planner, gave the staff report. The property was originally developed in 1945 as a slaughtering house and was most recently utilized as a landscape supply company. The rezoning request is consistent with the City Plan 2025, City Neighborhood Area designation for the property, and would not result in adverse impacts to provision of City services, which are currently provided to this property. The rezoning is consistent with the goals of the City Neighborhood Area to reduce length of vehicle trips and provide accessible non-residential services along this arterial street. Staff recommends approval of the request Dave Jorgensen, applicant, stated he represents Sweetser. He discussed that this property housed the Mhoon Beef Corporation building. The owner has had several potential tenants that were interested in leasing the property but the RSF-4 zoning is a constraint.. The applicant feels that the R -O zoning as requested is a reasonable zoning for the property. Commissioner Anthes asked if there has ever been residential use on this property since the building was built in 1945. Jorgensen stated he didn't think so, but doesn't know about the 1945 date. No public comment was received. Motion: Commissioner Graves made a motion to forward the request with the staff recommendation of approval. Commissioner Ostner seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission November 13, 2007 Page 9 of 14 RZN 07-2781: (DANDY/LEVERETT&NORTH, 405): Submitted by H2 ENGINEERING, INC. for property located at 1/4 MILE N OF NORTH ST ON THE E SIDE OF LEVERETT. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 0.55 acres. The request is to rezone the subject property to RMF -24, Residential Multi -family, 24 units per acre. Dara Sanders gave the staff report and described the project, a property zoned I-1 and containing one multi -family dwelling. The surrounding land use consists of RMF -24, therefore the request to rezone the subject property from I-1 to RMF -24 does not conflict with adjacent land use. Staff recommended forwarding the request with a recommendation of approval to the City Council. Tom Hennelly, representative, stated that his client plans on building an identical -type unit as Leverett Commons to the north. No public comment was received. Commissioner Anthes asked how this will affect Scull Creek Trail. Jeremy Pate, Director of Current Planning, stated that an easement of property may be dedicated to meet parks requirements if the trail goes through this area. Tom Hennelly stated that if the trail corridor does go through this property, they will be happy to dedicate it for that use with redevelopment of the site. They will be in contact with Matt Mihalevich, Trails Coordinator, on that issue. Motion: Commissioner Graves made a motion to forward the request with staff recommendation of approval. Commissioner Ostner seconded the motion. Upon roll call the motion passed 9-0-0. Planning Commission November 13, 2007 Page 10 of 14 CUP 07-2780: (MANSFIELD / GREEN ACRES RD., 368): Submitted by KEITH KESTNER for property located at GREEN ACRES RD., W OF 2175 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.21 acres. The request is for an off-site parking lot. Dara Sanders, Current Planner, gave the staff report and described the project, which consists of one undeveloped lot in the C-2 zoning district. She stated that the property is intended to be developed to serve as an off-site parking lot for an adjacent business owner. Because the applicant proposes to develop only a portion of the property with a permeable surface, a fence, and landscaping, staff recommended approval of the conditional use request with conditions, finding that the development will improve the existing condition of the site. Conditions as listed limit the parking area for no public parking, and for use only for the parking of the rental trucks/trailors. Keith Kessner, applicant, requested that the Commission consider eliminating the first condition of approval that requires a 5' sidewalk be constructed at the right-of-way along Green Acres Avenue for the length of the disturbed area. He stated concern with the open ditch and embankment along the street, and the location of the sidewalk. Commissioner Lack expressed concern that the request is not compatible with the surrounding land use, finding that the proposed screening will establish a wall along the right-of-way. He stated he would not be able to support the request, but that the required sidewalk is an important link for the neighborhood. Commissioner Ostner asked how the sidewalk is proposed to be installed as no street improvements are recommended for the open ditch on site. Jeremy Pate, Planning Director, stated that the sidewalk could be located in the required green space, suggesting that placement of the sidewalk be coordinated with the Sidewalk Administrator. Commissioner Ostner stated that he does not find the proposed use to be appropriate across the street from a single-family residence. Commissioner Graves stated his support for the use, finding that it is compatible with the majority of the surrounding land uses on Green Acres and College Avenue, as the property is zoned C-2. He also stated that the sidewalk is a mandatory element and important in this area, near neighborhoods and schools. Commissioner Lack stated that the lengths staff has gone to with the condition of approval regarding screening indicates a difference of this use than just another business along the street. This is more of a storage of vehicles, which has deemed it to need screening, and building essentially a wall along Green Acres. This is not a large scale development with a parking lot by right, but a conditional use permit, which had different approval criteria. Commissioner Myers stated that the landscaping will improve the current condition of the site and with the limit of 10 trucks/trailers and no customer parking, expressed support for the request. If Planning Commission November 13, 2007 Page 11 of 14 there were 30 vehicles, it could be an issue. Commissioner Winston asked staff if the City can request money in lieu of the sidewalk for later construction. Pate verified that money in lieu was mentioned in the staff report findings and that the Commission can make a different recommendation to require money in lieu of constructing the sidewalk. He discussed the process by which staff arrives at a recommendation for a sidewalk, which includes the Sidewalk Administrator visiting the site and making a recommendation. In this case, the Sidewalk Administrator felt it was feasible and recommended a sidewalk in this location. Kit Williams, City Attorney, clarified that money -in -lieu of sidewalk funds can go elsewhere, and are not necessarily used along this property. Commissioner Trumbo stated he agreed with Commissioner Graves and Myres, and that the request to appears to be reasonable and compatible with only 10 vehicles. Motion: Commissioner Trumbo made a motion to approve the request with staff recommendations of approval, including a revision to Condition #1, with a determination in favor of the sidewalk construction, allowing the flexibility of staff to determine the location without the additional requirement for underground drainage or street improvements. Commissioner Graves seconded the motion. Discussion from the audience. John Marr, property owner, stated he owned the building across the street and objected to the sidewalk condition as it will create only one segment without a connection.There seems to be no reason for the sidewalk here, as it has absolutely no place to go. Commissioner Trumbo stated that he will not support the request without the sidewalk. Commissioner Anthes explained that requiring new projects to construct a sidewalk on the subject property is the way in which the City is able to acquire sidewalks. Connectivity is something that occurs over time as developments are approved and completed. Kestner asked if it would not be more appropriate to building a sidewalk later, when street improvements were constructed. Commissioner Anthes stated that the City Attorney just explained that concept, and that the funds may go elsewhere in the City. Commissioner Ostner stated that he will not support the project as this is not the highest and best use for the property. It might be palatable, but not necessarily the best. Something better might come Planning Commission November 13, 2007 Page 12 of 14 along if the property is left vacant. There is lots of potential in this area, as a transitional area. Commissioner Anthes discussed the existing floodway over the property, and asked staff if any development other than a parking lot could be constructed on the site. She also asked about the effects of using gravel for the parking area. Glenn Newman, Staff Engineer, confirmed that the entire property is located within the floodway and stated that another development could potentially occur on the site given that the structure addresses flood elevation and the developer addresses grading and drainage. The gravel would allow drainage to flow through, but could also contribute to erosion into the stream; that is a maintenance issue. He further expressed that the proposed use will not significantly affect the drainage and floodway direction, and will not have a significant impact on the floodway itself. Commissioner Anthes stated that the paving is more maintenance free, but gravel allows more free flow of water, as it's a pervious material. She asked staff to confirm that there is no large scale development approval required for this site, just a parking lot permit. Pate confirmed her statement. Commissioner Anthes stated that she does not consider the proposal as merely a parking lot, but as a rental business as well. She asked staff is this use is permitted in the C-2 zoning. Pate verified that it is a use by right in the C-2 zoning district. Commissioner Anthes, in agreement with Commissioner Lack, expressed concern with creating a wall along Green Acres Road, finding that the proposed landscaping is sufficient without the need for a wood -board privacy fence. Kessner expressed the need for a fence for security purposes, explaining that the proposed wood board fence was proposed in response to City Ordinance regarding screening and materials. Commissioner Anthes stated safety concerns regarding a wood fence, especially because of the opacity of it on a tract near a public school. Something more decorative might suffice, with landscaping to screen. Pate stated that a decorative metal fence will suffice. The Commission discussed various options for fencing. Commissioner Trumbo stated his motion to approve the request would include a revision to Condition #5, to utilize ornamental metal fencing instead of wood board. The seconder agreed. Upon roll call the motion passed 6-3-0, with Commissioners Lack, Cabe, and Ostner voting no. Planning Commission November 13, 2007 Page 13 of 14 R-PZD 07-2763: (SKATE PLACE Il, 366): Submitted by H2 ENGINEERING, INC. for property located at 646 W. SYCAMORE STREET. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 1.08 acres. The request is for Zoning, Land Use and Development review of a Residential Planned Zoning District with 3 buildings with 5 units each for a total of 15 units and associated parking. Dara Sanders, Current Planner, gave the staff report and described the project as the second phase of Skate Place, the R-PZD approved by the City Council in January of 2006. She described surrounding properties and findings in the staff report. Finding that the use is compatible with the surrounding land uses, staff recommended forwarding the request with a recommendation of approval to the City Council, with conditions as listed. Tom Hennelly, applicant, agreed to the conditions of approval with exception of Conditions 1 and 21. He requested that the language of the first condition be revised to leave the architectural elements open in order to reach a mutual agreement between staff and the applicant. He also requested that condition 21 be removed, as the Fire Department retracted the requirement. No public comment was received. The Commission and applicant discussed the proposed building elevations, agreeing that staff and the applicant would come to a mutual agreement on the side elevation before proceeding to the City Council. Motion: Commissioner Myres made a motion to forward the request to the City Council with a recommendation of approval, with the understanding that condition #I will be mutually agreed upon by staff and the applicant prior to proceeding, and that Condition #21 will be excluded, with concurrence of Engineering.. Commissioner Winston seconded the motion. Commissioner Anthes stated this is one of those occasions where she could see more density as being appropriate. Hennelly stated they did not go to three stories or propose more density because of the fire department requirement for sprinklering and there would not be sufficient parking. Upon roll call the motion passed 9-0-0. ANNOUNCEMENTS: Jeremy Pate announced the Subdivision Committee meeting on Thursday, and that 2008 schedules would be forthcoming in the near future. He also announced that Planning Commission training would be taking place at the Bentonville Library tomorrow (Wednesday), and that three Commissioners were attending, if anyone else is interested in Planning Commission November 13, 2007 Page 14 of 14 going. All business being concluded, the meeting adjourned at 6:57 PM.