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HomeMy WebLinkAbout2007-11-26 MinutesPlanning Commission November 26, 2007 Page I of 10 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on November 26, 2007 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ACTION TAKEN MINUTES: November 13, 2007 Approved Page 3 VAC 07-2804: (CITY OF FAYETTEVILLE, 405) Approved Page 3 VAC 07-2832: (LOTS 6-9 TIMBERLAKE OFFICE PARK, 96/135) Approved Page 3 PPL 07-2766: (THE COVES, 555) Approved Page 3 RZN 07-2603: (KOOSHESH, 438) Forwarded Page 4 CUP 07-2783/2784/2785/2786/2787/2788: (RUSSELL, 402) Tabled Page 5 LSD 07-2767: (WALGREEN'S @ MISSION & 265, 371) Approved Page 6 R-PZD 07-2794: (STONEWOOD GARDENS, 060) Forwarded Page 8 A DVD copy of each Planning Commission meeting is available for viewing in the Fayetteville Planning Division. Planning Commission November 26, 2007 Page 2 of 10 MEMBERS PRESENT James Graves Andy Lack Jill Anthes Matthew Cabe Christine Myres Sean Trumbo Alan Ostner Porter Winston STAFF PRESENT Jeremy Pate Jesse Fulcher Dara Sanders Glenn Newman/Engineering CITY ATTORNEY: Kit Williams MEMBERS ABSENT Lois Bryant STAFF ABSENT Andrew Garner Planning Commission Chair Jill Anthes called the meeting to order. Commissioner Antes requested for all cell phones to be turned off, and informed the audience that listening devices were available. Jeremy Pate, Director of Current Planning, called the Planning Commission roll. All members with the exception of Commissioner Lois Bryant were present. Planning Commission November 26, 2007 Page 3 of 10 Consent: Approval of the minutes from the November 13, 2007 Planning Commission meeting. VAC 07-2804: (CITY OF FAYETTEVILLE, 405): Submitted by CITY OF FAYETTEVILLE for property located at E OF LEVERETT AVE., S OF ROBINSON APTS.AND N OF LEVERETT TOWNHOMES. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE. The request is to vacate a portion of an unused right-of-way and create a general utility easement and trail on the subject property. VAC 07-2832: (LOTS 6-9 TIMBERLAKE OFFICE PARK, 96/135): Submitted by H2 ENGINEERING for property located at LOTS 6-9 OF THE TIMBERLAKE OFFICE PARK. The property is zoned R -O, RESIDENTIAL OFFICE. The request is to vacate a portion of an erosion control easement PPL 07-2766: (THE COVES, 555): Submitted by RAUSCH COLEMAN HOMES for property located at NW OF ALBERTA AND HOLLAND AND WALNUT CROSSING S/D. The property is zoned R-PZD, RESIDENT. PLANNED ZONING DIST. and contains approximately 50.40 acres. The request is for 180 single-family lots. Commissioner Anthes asked if any item should be removed from the consent agenda. Commissioner Lack stated he would be recusing from the consent agenda vote. Motion: Commissioner Graves made a motion to approve the consent agenda. Commissioner Ostner seconded the motion. Upon roll call the motion passed 7-0-1, with Commissioner Lack recusing from the vote. Planning Commission November 26, 2007 Page 4 of 10 Old Business: RZN 07-2603: (KOOSHESH, 438): Submitted by CARMEN CUBILLO for property located at 956 AND 918 N. 46TH AVENUE. The property is zoned R -A, RESIDENTIAL - AGRICULTURAL and contains approximately 1.59 acres. The request is to rezone the subject property to R -O, Residential Office. Jesse Fulcher, Current Planner, gave the staff report, discussing the previous time the rezoning was discussed. The item was tabled at the Planning Commissioner earlier in the year, to see if the adjacent Woodstock mixed-use PZD would be an appropriate change in the land use in this area. Based on the City Council's policy decision to rezone the Woodstock property, and the future Land Use Plan for this area, staff recommended forwarding the request to City Council with a recommendation of approval. No public comment was heard. The applicant was not present. Commissioner Lack stated he remembers the June meeting when the item was previously discussed. He stated he is concerned that no applicant was present, however, noted that no opposition was present either. (Applicant arrived at this time.) Cyrus Kooshesh, applicant, stated that for the past 25 years the property has operated as a business and a residence. Using the property for a business in the future requires a change from A-1 to R -O. He bought the property 14 years ago, and it was used 13 years prior to that as a business. He stated he is having a hard time leasing the building and is hoping to change it to conforming status — zoned R -A, with 1.6 acres, one needs at least two acres to be in compliance. He has talked to adjacent property owners, who submitted letters in support. The main obstacle last time was the Woodstock issue. It was tabled then to see what would happen. Commissioner Lack stated that at the June meeting, the Planning Commission had an issue with spot zoning. They discussed that if Woodstock were rezoned, it would make it more palatable, less of a spot zone. He was now finding in favor of staff findings. Motion: Commissioner Lack made a motion to forward the request to the City Council with a recommendation of approval. Commissioner Ostner seconded the motion. Upon roll call the motion passed 8-0-0. New Business: Planning Commission November 26, 2007 Page 5 of 10 CUP 07-2783/2784/2785/2786/2787/2788: (RUSSELL, 402): Submitted by RYAN RUSSELL for property located at WEST END AVENUE AND VALLEY DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and each parcel contains approximately 0.31 acres. The request is to convert the existing single-family structures into two-family structures. Commissioner Anthes stated the applicant was not able to be present for the meeting, and had requested the item be tabled until the next scheduled Planning Commission meeting. She asked for any member of the public who was present to comment on this item to make themselves known. No public comment was received. Motion: Commissioner Trumbo made a motion to table the request to the December 10 meeting. Commissioner Myres seconded the motion. Upon roll call the motion passed with a vote of 8-0- 0. Planning Commission November 26, 2007 Page 6 of 10 LSD 07-2767: (WALGREEN'S @ MISSION & 265, 371): Submitted by LENNY MEERS GRIMES CONSULTING, INC. for property located at 2750 E. MISSION BLVD., NW CORNER OF MISSION AND CROSSOVER RD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1. 19 acres. The request is for a 13,328 s.f. commercial building with drive-thru and associated parking. Jeremy Pate, Director of Current Planning, gave the staff report. The property is currently used as the White Oak convenience store and gas station, and the applicant proposes to redevelop the site with a smaller -than -normal Walgreen's drug -store with drive-thru facility. Pate described the project in detail, and directed the Commission to conditions #1 and #2, for which specific determinations must be made by the Planning Commission concerning commercial design standards and the applicant's request for a landscape waiver, respectively. Based upon the information submitted by the applicant and the review of the project, staff recommended approval with conditions as listed in the staff report. Mike Driver, applicant, stated he was able to answer questions. No public comment was received. Glenn Newman, City Engineer, stated he was OK with the request. Commissioner Trumbo asked if the awning requested in the condition was only over two doors. Pate stated that it was to be over any doors located on that side of the building. Commissioner Graves stated he was not sure how the awnings help, in his opinion. It would look strange stuck there by itself. Additionally, he was not sure he even liked the awning on the north side of the building, by itself. Commissioner Myres stated the awnings on the north side are for the drive-thru. She has no objection on the north side. Commissioner Graves retracted his comment on the drive-thru awning, but was sticking to his guns on the west side. He noted the grade change between this building and the one to the west. Pate discussed the 12' grade change between the properties. Commissioner Anthes stated the south and east elevations must meet commercial design standards because they face public streets. Other two not as important, but should be reasonably articulated, as they are visible. Commissioner Lack stated that additional articulation was added since Subdivision Committee reviewed the project and he thinks the difference is very noticeable. H stated he would like the thoughts of the applicant on adding an awning, asking if it was OK. Planning Commission November 26, 2007 Page 7 of 10 Driver stated he was fine with the suggestion of awning, in the spirit of cooperation he would be happy to do it. Commissioner Lack stated that with that statement, he is fine with the commercial design standards as recommended. At Subdivision Committee, there was very little discussion of why variances would be required. With the description in the packet, the addition of landscaping and greenspace— the intent to beautify the site is upheld. Constraints beyond normal are evident. He is supportive of the waiver. Commissioner Graves stated that at Subdivision Committee, there was really no information to recommend the waiver. However, he is now supportive of the waiver request for the reasons stated. Motion: Commissioner Lack made a motion to approve the request with condition 5c amended to remove mention of "northern drive aisle." Commissioner Graves seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission November 26, 2007 Page 8 of 10 R-PZD 07-2794: (STONEWOOD GARDENS, 060): Submitted by JORGENSEN & ASSOC for property located at HWY 265, E OF BOTANICAL GARDENS AND LAKE FAYETTEVILLE. The property is zoned R-PZD, RESIDENT. PLANNED ZONING DISTRICT and contains approximately 4.64 acres. The request is for Zoning and Land Use approval only for a Residential Planned Zoning District Master Development Plan with 28 dwelling units (7 single-family detached, 9 two-family attached, and 1 three-family attached). Dara Sanders, Current Planner, gave the staff report and described the project, stating that it will bring the density to 6.03 dwelling units per acre: PA -1 — (7 SF detached 3.93 dwelling units per acre), PA -2 (10 SF attached at 7.3 dwelling units per acre). The request is for zoning and land use approval only. Staff recommended forwarding the request to the City Council with all conditions, based on the findings within the staff report. Sanders described the Planning Commission determinations on street improvements to be made at time of development. Justin Jorgensen, applicant, stated the property is currently zoned as an R-PZD, originally with 12 lots on a cul-de-sac. Formerly cul-de-sac infill project, this new project meets the City Plan 2025. He described the arrangement and layout of houses as traditional with shared driveways and side -load garages, explaining that it will seem like a single-family subdivision from the street. The greenspace was sited to preserve trees and provide for recreational area. The developer intends to use landscaped hedges and fencing, trees to help screen. Jorgensen stated that the subject property is an appropriate location for the project due to the surrounding recreational opportunities, retail up and down Crossover within two miles and explained that the project will provide a transition and buffer zone from Hwy 265. Public Comment: Jeanette Roman, neighbor, stated that the project will have an impact. We have a single-family home on 3.5 acres. We would like to see something happen but don't want to see this happen. She described the surrounding developments, namely Stonewood, Copper Creek, and Embry Acres. She believes that building right up to Hwy 265 is not conducive to a real neighborhood, as the homes are only going to be 84' from Hwy 265. She doesn't think this is compatible with surrounding area with the proposed setback. She explained that she was delighted with previous project. She stated that she is not against a project, but doesn't think this is highest and best use of property. Noel Malone, neighbor, stated he lives on Greystone Drive, moved there three years ago. The development proposed is too dense. Homes in Stonewood's Copper Creek are $350,000 and up. He has no objections to the original proposal. He added that the changes involve lots of Stonewood subdivision, which are subject to covenants. Kit Williams, City Attorney, stated that restrictive covenants are between property owners. The city Planning Commission must apply development rules, ordinances, laws of city, and do not try to enforce restrictive covenants. It is up to the courts to enforce. Planning Commission cannot consider whether covenants are being broken. The Planning Commission may consider issues such as compatibility and zoning. Planning Commission November 26, 2007 Page 9 of 10 Bob Anderson stated his comments were more related to the covenants. Commissioner Anthes stated she would prefer Mr. Anderson discuss the covenants with the developer. Tom Hubbard, neighbor, stated he was not against the project but explained that the cul-de-sac was never supposed to be a thoroughfare. Density goes from 12 homes to 28, which he believes to be a huge increase. That dense of a project will develop problems. He expressed that paving the street to cut through is not a good idea. B.R. Peoples stated he owns R -O property that borders to the south. He has compared this proposal to other projects and believes that it appears to be a good project due to the building material and access proposals. He supports the project, as he believes it is appropriate for the location. Commissioner Graves had a question about the boundaries on the maps, stating that they conflicted. Pate explained that the maps show the previously approved project and the proposed project with the additional land. Commissioner Lack stated the density was OK, and the access point is good to eliminate two dead- end cul-de-sacs. Hwy 265 is a principal arterial that can carry a lot of traffic. He expressed concerns with the proposed time frame and phasing. Pate discussed condition #6, which addresses the concerns. Commissioner Lack asked, in reference to the orientation of units, what authority does Planning Commission have to front buildings to street? Pate discussed condition #8, which, with the indications by the applicant in the project booklet, would require a front -type of articulation for any elevation facing a street. Commissioner Lack discussed staff s recommendation for condition #2 regarding connectivity and asked to include a requirement for a stub out for future connection to the east between Lots 12 & 14. Pate discussed Albright Road, development to the south, other projects in the area, discussed condition #18, other conditions. Commissioner Anthes reviewed the determinations to be made at this time. Pate and Anthes discussed the issue of notification and the location of the sign, as the residents alleged that proper notification was not provided. Pate verified that notification was provided in accordance with the Unified Development Code. They discussed fencing, berms, and landscaping along 265 (no wall). Planning Commission November 26, 2007 Page 10 of 10 Commissioner Ostner asked about the stub -out to the east associated with another project. Pate stated it was % mile away. Commissioner Ostner stated he was in favor of a street stub -out. He discussed privacy against 265, and reiterated and confirmed with the applicant that no wall was proposed for this project. Motion: Commissioner Lack made a motion to forward the request with the staff recommendation of approval with conditions, revising the conditions of approval requiring the applicant to provide a street street stub -out to the east. Commissioner Ostner seconded the motion. Pate asked the Commission for flexibility in the zoning criteria to accommodate the recommended street stub -out. Staff could work with the applicant to provide the recommended street stub -out to the east, but it may require repositioning of the units. Staff just wants to make the Commission aware of any potential changes that may occur as a result of the street stub -out, so they would not be surprised when this came back through the development process, if approved. Commissioner Lack and the Commission confirmed that staff would work with the applicant and they would trust staff to be flexible in meeting the recommended condition. Upon roll call the motion passed 8-0-0. ANNOUNCEMENTS: Jeremy Pate announced the Subdivision Committee meeting on Thursday. All business being concluded, the meeting adjourned at 6:47 PM.