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HomeMy WebLinkAbout2007-12-10 MinutesPlanning Commission December 10, 2007 Page I of]] MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on December 10, 2007 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ACTION TAKEN MINUTES: November 26, 2007 Approved Page 3 LSD 07-2728: (WASHINGTON COUNTY FARM BUREAU, 400) Approved Page 3 CUP 07-2783/2784/2785/2786/2787/2788: (RUSSELL, 402) Withdrawn Page 4 CUP 07-2810: (ENGLAND, 610) Approved Page 5 CUP 07-2827: (19Tn STREET RV PARK, 601) Approved Page 8 ADM 07-2833: (WHITE HANGAR LOCAL ORDINANCE DISTRICT) Approved Page 11 A DVD copy of each Planning Commission meeting is available for viewing in the Fayetteville Planning Division. Planning Commission December 10, 2007 Page 2 of 11 MEMBERS PRESENT MEMBERS ABSENT James Graves Andy Lack Jill Anthes Matthew Cabe Christine Myres Lois Bryant Sean Trumbo Alan Ostner Porter Winston STAFF PRESENT STAFF ABSENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman/Engineering CITY ATTORNEY: Kit Williams 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 were present with the exception of Commissioners Cabe, Bryant, and Trumbo. Planning Commission December 10, 2007 Page 3 of 11 Consent: Approval of the minutes from the November 26, 2007 Planning Commission meeting. LSD 07-2728: (WASHINGTON COUNTY FARM BUREAU, 400): Submitted by NORTHSTAR ENGINEERING CONSULTANTS, INC for property located at THE NW CORNER OF MEADOWLANDS AND WEDINGTON DRIVE. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 5.13 acres. The request is for a 9,545.44 s.f. office building with associated parking. Motion: Commissioner Ostner made a motion to approve the consent agenda. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission December 10, 2007 Page 4 of 11 Old Business: 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. The request was withdrawn by the applicant. Planning Commission December 10, 2007 Page 5 of 11 CUP 07-2810: (ENGLAND, 610): Submitted by SHERRIE ENGLAND for property located at 5393 E. HUNTSVILLE RD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.08 acres. The request is for a child care facility. Andrew Garner, Senior Planner, gave the staff report, discussing the project and surroundings. The property was rezoned to C-1 on October 2, 2007. Staff recommended approval based on findings in staff report, with conditions as noted. Money -in -lieu of sidewalk construction is recommended by the sidewalk administrator. Garner explained several conditions of approval in detail. Sherry England (applicant) stated she did not have much to add, but had one concern with condition #3 for sidewalk fee, if that could be discussed. No public comment was received. Commissioner Anthes asked staff about Condition #3. Garner stated that with a Conditional Use Permit, an applicant was required to build a sidewalk or pay money -in -lieu if there is not sidewalk adjacent to the project. There is no sidewalk on this project's Huntsville Road or Ed Edwards Road frontages. The City Sidewalk Administrator visited the site and recommended money -in -lieu of sidewalk construction, given that there is no sidewalk in the vicinity. Kit Williams, City Attorney, stated that the applicant can also appeal for a reduction in the fee, if they feel it is too great. The Planning Commission has the right to determine the appropriate amount. England stated she would like to appeal the distance/amount of frontage recommended for the money -in -lieu payment. Williams stated they can build the sidewalk if they don't wish to pay money -in -lieu, regardless. He explained the appeal process. England stated that she does not mind paying on Ed Edwards Road. She understands that with the widening of Highway 16, sidewalk may be installed with that development. She doesn't want to have something torn out later. Commissioner Anthes asked about the timeframe for payment of the money -in -lieu. Jeremy Pate, Director of Current Planning, discussed the time frame of one year in which the funds must be spent on sidewalks in the area serving the property, stating that payment is typically due prior to building permit, although there is potential to delay that payment. Commissioner Graves stated that the Planning Commission has delayed fees -in -lieu in the past up to six months for other projects. If the fees were not paid at that time the conditional use permit could be voided. Planning Commission December 10, 2007 Page 6 of]] Commissioner Myres stated she was in favor of reducing the fees to pay for sidewalk along Ed Edwards Road only. She would like to see the frontage distance along Huntsville Road removed from the calculation, because no one knows what is going to occur on Huntsville Road with the widening. Pate stated it was unknown about the construction along Huntsville Road, but that staff consistently recommended assessments in lieu of construction for that very reason, so that funds would be available for a more comprehensive project when the time came. He further discussed that with a daycare of just under 40 children roughly 80 new vehicular trips would be generated, which is a way to measure the impact of the request on the property. Commissioner Graves stated that given the intensity and traffic impact of this development he would recommend the full amount for both streets, but would like to give the applicant some time to pay it. Commissioner Anthes discussed that a sidewalk was required on almost all childcare facilities. How does staff determine rough proportionality for sidewalk recommendations? Pate discussed examples of rough proportionality, and discussed that the $3/sq.ft. of sidewalk identified in the Unified Development Code includes rough proportionality in that number. Staff also looked at the number of children and vehicle trips generated by this development, and tried to be consistent with other projects for which improvements have been recommended. Commissioner Ostner asked about the proximity to this property within which the money -in -lieu fees need to be expended. Pate discussed how the City Transportation Department builds sidewalks within various Wards of the City within their budget, and based on feedback and priority from the Street Committee. He was not aware that there is any defined proximity in which the funds need to be expended in relation to the property. Commissioner Ostner stated he was also in favor of giving applicant more time, but in favor of a full assessment. Commissioner Anthes asked Glenn Newman about the entrance only from Huntsville Road as discussed in condition #8, and how that will be controlled. Glenn Newman, City Engineer, answered that it would be with construction review and with signage. Commissioner Anthes asked about signage allowed for the property. Pate discussed signage as allowed by sign ordinance, which includes freestanding signage and wall signs as allowed in the C-1 zoning district. Planning Commission December 10, 2007 Page 7 of]] Commissioner Anthes stated it will be much more visible as a commercial property than many other childcare facilities, and will function more as a business. That is not directly related to the sidewalk fee, but could potentially lead to a higher volume of foot traffic. Commissioner Graves suggested amending condition #3 such that half of the fee would be payable prior to issuance of building permit, and the other half would be paid 6 months thereafter. Motion: Commissioner Graves made a motion to approve the request with the amendment of condition #3 as stated. Commissioner Ostner seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission December 10, 2007 Page 8 of 11 CUP 07-2827: (19TH STREET RV PARK, 601): Submitted by APPIAN CENTER FOR DESIGN for property located at 19TH STREET, E OF S. SCHOOL AVE. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 23.97 acres. The request is for an RV park with 148 parking spaces, pool, club house, bathrooms, offices, and gazebo. Andrew Garner, Senior Planner, gave the staff report and described the project. Staff recommends improvements to 19`h Street from S. School and along the property frontage, the details to be reviewed at time of Large Scale Development. No potential adverse impacts are noted based on the surrounding land uses and zoning. Staff recommended approval with conditions as listed. Sewer extensions will be required. A berm and landscaping along 19`h Street will also be required. Todd Jacobs, applicant, stated that the intent is to develop a New Urbanist project on the property, but at this time it is too risky. The site context right now wouldn't allow that type of project. An RV park is proposed for the interim. The owner could use the infrastructure improvements for a future development. This project would address the illegal dumping on the site thru the development. An RV park is the best use of property right now, until the area is suitable for a New Urbanist project. The owner is fully aware of site plan issues and recommended conditions of approval. He would like to address three issues: regarding condition #4, paved driveway aisles, would like to use a gravel -pave system for drive aisles, if they can prove that a low -impact development could work and would like to address that detail at Large Scale Development. Regarding condition #11, would like to use 45 days instead of 30, based on other models around the country. Regarding condition #14, 50' buffer off 19`h Street, they would propose a 25' buffer instead. On 19`h Street, condition #2, is in need of improvements, and a potential cost share with City would like to be explored, to determine the percentage for the developer at the time of Large Scale Development. Wayne Shaw, applicant, discussed RV parks around county, and his vision for a park here. High speed internet, coffee shop, spa room are all amenities he would like to offer for this growing group of people. He discussed at length the amenities of RV parks. Public Comment: Don England, neighbor, stated he owns the adjoining property and is 100% in support of the project. No additional public comment was received. Jeremy Pate, Director of Current Planning, discussed the conditions mentioned by the applicant above stating on #11 staff recommends 30 days maximum in order for the RV use to qualify for HMR/sales taxes, otherwise it is considered a residential use; he discussed that I-1 zoning requires a 50' setback which cannot be altered by the Planning Commission; he discussed on #4 that staff can review the option for permeable pavers with the Fire and Engineering Departments at the time of Large Scale Development but was overall supportive of the idea, provided it would function as needed; he discussed on #2 that street improvements will be evaluated at the time of Large Scale Development, and that a cost share would not be recommended unless the City recommends street improvements over and above those that are roughly proportional to the development. This is how Planning Commission December 10, 2007 Page 9 of 11 the Unified Development Code sets out the applicant's responsibility for improvements, by the impact of the development. Staff would not recommend improvements above what we feel is the impact of the development without recommending a cost share. Pate also discussed the need to add floodplain conditions as listed in the memo to the Planning Commission from the Engineering Division. Ostner asked if the applicant has seen the additional conditions. Jacobs stated that he has, and has no problem with them. Commissioner Anthes asked questions about the layout of the RV Park and whether the streets and alleys in a future project would line up with the RV park drive aisles. She also asked about sewer connections. Jacobs discussed that most of the infrastructure (19`h Street, water, sewer, etc) that would be extended is what we'd like to reuse for the New Urbanist project when that comes forward. Streets interior to the project will likely change when the project returns for the new project. Austin Rowser (applicant) discussed sewer and the options for connecting sewer to this property. He stated that they know there are issues that will be required to be worked out. Jacobs discussed tree preservation and how they have utilized existing trees into the design. Commissioner Anthes asked about the landscape berm along 19`h Street and if it would remain with the New Urbanist project. Jacobs discussed the berm, and stated that it would likely be removed and the soil and trees re -used throughout the site as the New Urbanist project would have homes/businesses embracing 19`h Street. Commissioner Anthes asked about limiting the time frame of this CUP. Pate stated he would rather not see a specific time frame in which to re-evaluate the appropriateness of the project, because of the substantial infrastructure improvement investment that would be required, discussing that conditions recommended in this CUP would make it appropriate now and in the future, if all conditions are complied with. Commissioner Ostner stated he was in support of the request. It seems to be a transitional land development. The site is not ready for real development yet and that this is a good interim use. Motion: Commissioner Ostner made a motion to approve the request with the following amendments: condition #4 should allow permeable pavers to be evaluated at the time of Large Scale Development, condition #11 to have a maximum of 30 days in the same space, and an additional condition #15 be added including the floodplain conditions in the memo to the Planning Commission from the Planning Commission December 10, 2007 Page 10 of 11 Engineering Division. Commissioner Myres seconded the motion. Commissioner Lack stated he was in favor of the motion. This use is a much lighter use than current zoning allows. He asked if there were any issues with this change of use for adjacent property owners. Pate stated there were no real issues he could anticpate, because the underlying zoning dictates implementation of requirements such as the noise ordinance, and the zoning and other requirements will not be changing. Additionally, much of the surrounding property is industrial in nature. The property to the south is residentially zoned, which is why staff has recommended the screening by berms and vegetative plantings. Commissioner Anthes questioned staff and the applicant regarding Town Branch Creek and trail. She noted statements had been made that the applicants would work to locate the trail along the creek. Jacobs stated that his client's intent is to provide a trait if needed on their side of the creek; those discussions were taking place with the Trails Coordinator. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission December 10, 2007 Page 11 of 11 ADM 07-2833: (White Hangar Local Ordinance District): The request is to approve the proposed local ordinance district and send it to the Historic District Commission for a formal public hearing. Tim Conklin, Planning & Development Mgmt Director, gave the staff report and described the intent of the item, recommending approval of the report and for the Planning Commission to forward to the Historic District Commission a recommendation of approval. Conklin described the purpose of a Local Ordinance District, and the process by which one is established. Dr. Ethyl Goodstein-Murphree (public) stated this is a "what's -not -to -like" situation. The property owner wants to establish a Local Ordinance District, and the Historic District Commission is also supportive. The LOD has also received the support of the State Office. The local Historic Preservation Committee is supportive. This would create Fayetteville's first local ordinance district. Leslie Belden (public) stated she is the Vice Chair of the Historic District Commission, and stated she wanted to assure the Commission that it is appropriate for one building to constitute a Local Ordinance District. Commissioner Myres stated she was very enthusiastic about the idea, and wholeheartedly supports it. Motion: Commissioner Myres made a motion to approve the request and forward it to the Historic District Commission for a formal public hearing. Commissioner Winston seconded the motion. Commissioner Ostner reiterated Dr. Goodstein-Murphree's comments about there being little to not like. The Commission has seen two tourism items on one agenda tonight. He stated he was on a previous Historic District Commission that had attempted to adopt an LOD, and had failed. A Local Ordinance district would finally be in Fayetteville. He hopes this will solidify the Historic District Commission and its presence in Fayetteville. He stated he also hopes this will lead to others, as well. Upon roll call the motion passed with a vote of 6-0-0. ANNOUNCEMENTS: Tim Conklin announced the Walker Park Master Plan presentation to be held Tuesday, December 11 from 6-8PM. All business being concluded, the meeting adjourned at 6:45 PM.