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HomeMy WebLinkAbout2007-05-29 MinutesPlanning Commission May 29, 2007 Page I of 12 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on May 29, 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 12, 2007 and May 14, 2007 Approved Page 3 VAC 07-2568: (MATHIAS SHOPPING CENTERS, INC., 401) Approved Page 3 ADM 07-2615 (THEO'S, 484) Approved Page 3 CUP 07-2560: (BOHOT, 679) Tabled Page 4 CUP 07-2569: (PROCTOR & GAMBLE, 174) Approved Page 6 R-PZD 07-2551: (CHAMPIONS CLUB CONDOS, 599) Forwarded Page 8 ADM 07-2516: (BUILDING HEIGHT STEPBACK IN MSC ZONING DISTRICT) Forwarded Page 9 ADM 07-2588: (HOME OCCUPATION/ARTIST STUDIO) Forwarded Page 10 ADM 07-2566: (USE UNIT AMENDMENTS) Forwarded Page 12 A DVD copy of each Planning Commission meeting is availablefor viewing in the Fayetteville Planning Division. Planning Commission May 29, 2007 Page 2 of 12 MEMBERS PRESENT James Graves Matthew Cabe Hilary Harris Andy Lack Christine Myres Sean Trumbo Lois Bryant STAFF PRESENT Jeremy Pate Andrew Garner Jesse Fulcher Glenn Newman/Engineering CITY ATTORNEY: Kit Williams MEMBERS ABSENT Jill Anthes Alan Ostner STAFF ABSENT Matt Casey/Engineering Planning Commission Vice -Chair Sean Trumbo called the meeting to order. Commissioner Trumbo 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 Anthes, Ostner and Myres were not present. Commissioner Myres entered before the first item of New Business. Planning Commission May 29, 2007 Page 3 of 12 CONSENT: Approval of the minutes from the March 12 and May 14, 2007 Planning Commission meeting. VAC 07-2568: (MATHIAS SHOPPING CENTERS, INC., 401): Submitted by CRAFTON, TULL, SPARKS & ASSOCIATES for property located at 1267 N. STEAMBOAT DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 6.45 acres. The request is to vacate a utility easement across the subject property as the utilities have been moved to allow development on the site. ADM 07-2615 (THEO'S, 484): Submitted by COOPER ARCHITECTS for property located at 318 CAMPBELL AVENUE. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.20 acres. The request is for a parking waiver of one parking space to allow for the construction of new deck area on the west side of the property as provided in §172.05(4) of the Unified Development Code. Commissioner Trumbo read descriptions of those items on the Consent Agenda. He 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, he called for a motion. Motion: Commissioner Graves moved to approve the consent agenda. Commissioner Lack seconded the motion. Upon roll call the motion passed 6-0-0. Planning Commission May 29, 2007 Page 4 of 12 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. Commissioner Trumbo introduced the first item, and noted that only six commissioners were present at the meeting. As was customary, Trumbo asked if the applicant would prefer to table the item until a larger slate of commissioners were present, as it requires five positive votes to pass a conditional use permit. Wilma Bohot (applicant) responded she would like to table the request. Motion: Commissioner Graves stated that based on the applicant's indicated desire to table the item for two weeks, he made a motion to table until June 11 Planning Commission meeting. Commissioner Lack seconded the motion. Commissioner Myres arrived at the meeting. Commissioner Trumbo noted her arrival and that there were now seven members present. Would the applicant still prefer to table the item? Bohot confirmed she would prefer to table. Kit Williams, City Attorney, noting a full chamber of citizens, advised the Commission that it would be best to give an abbreviated staff report and for public comment, but that the item would be heard again in two weeks. Jesse Fulcher, Current Planner, gave the staff report. Fulcher explained the background of the request, which was denied by the Planning Commissioner a little over a year ago. He discussed the site characteristics and the proposal for an in-home daycare with a maximum of 10 children. The site meets all applicable UDC requirements for size, and a daycare at this home is found to be a compatible use in the neighborhood. The existing driveway can accommodate 10-12 vehicles, which provide ample room for drop-off and pick-up. Fulcher also noted the Planning Commission toured the site and the neighborhood at its agenda session, including the backyard and house in which the children would be present. Staff recommended approval of the conditional use request, with conditions. Commissioner Trumbo opened the floor for public comment; requesting persons only speak if he or she would not be present at the meeting in two weeks, so as to not duplicate comments. Planning Commission May 29, 2007 Page 5 of 12 Dick Arnold, S. College Drive, stated his concerns about a former child care facility elsewhere in the vicinity, and the speed of traffic. He stated he was concerned about the children's safety, including the need for an enclosed backyard, playground, children wandering away, etc. Dave Harvey, E. 26`h Circle, stated this hilltop has always been residential, no businesses. He lives across the street and stated concerns with the following related to the proposed child care: lowering property values, changing character of the neighborhood, noise, lights, cars, the daycare would be used by few in the neighborhood, police activity at this address. Harvey stated this neighborhood would like the same consideration as other neighborhoods such as Wilson Park, where commercial businesses have not been permitted. Requested denial of the application. Mary Jo Harvey stated she was a new resident and chose this neighborhood because it was quiet and well-maintained. Few children are present here for the daycare use. The commission should consider the age and character of the majority of the neighborhood residents. Wayne Osborne stated traffic should not be a concern, for the country club, a business, uses it every day. Stated he owns four homes in the neighborhood, three of which are rental properties. He also lives in the neighborhood, and supports the daycare there. He also teaches at New School. Stated he knew of many children in the neighborhood, from 6 -month old to 4 -years old that would potentially use the daycare. Osborne stated the argument that there were no children present was not valid, and supports the request. John Hogle, 108 E. 26`h Circle, retired in the neighborhood from Indiana. He stated he believed the daycare could become a nuisance, will lower property values, and increase traffic. The streets are not very wide in the neighborhood, and this request will open the area up for other commercial enterprises. Commissioner Trumbo closed the public comment, and asked the motioners if their motions still stood as originally requested. Commissioner Graves stated that though an additional commissioner had arrived, the petitioner still would prefer to table until a full commission is present, and his motion to table was reiterated. Commissioner Lack stated the same. Upon roll call, the motion to table passed with a vote of 7-0-0. Planning Commission May 29, 2007 Page 6 of 12 CUP 07-2569: (PROCTOR & GAMBLE, 174): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located at 1303 E. JOYCE BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 14.22 acres. The request is for additional parking spaces over the City's maximum allowance for the Proctor and Gamble office building, for a total of 336 parking spaces, and to approve a Major Modification for the amended site plan. Commissioner Trumbo informed the applicant that five positive votes are required to approve a conditional use, and only seven members are present. Would the applicant like to proceed? Ryan Hind (applicant) stated yes, proceed. Andrew Garner, Senior Planner, gave the staff report. Garner gave a brief history of the property discussing large scale development previously approved and under construction. Garner discussed the justification for the request, which is primarily based on an increased employee base and off-site visitors to this site. The conditions were listed, which included additional tree plantings, approval of a major modification to the site plan, and a shared access/parking easement over the new parking spaces. No public comment was received. Hind presented the request, giving justification for the additional parking to total 336 spaces. This includes the recent purchase of Gillette, 325 persons now anticipated at the opening of the business, and a global team for Wal-Mart and Sam's Club which visits the site regularly. There is no issue with the additional landscaping. The only condition with which the petition had issue is the shared parking/access easement, which could potentially create issues if others are using the parking at the same time it is needed on-site. The shared parking/access easement would create a long-term problem for future development on the site and surrounding parcels. Commissioner Harris questioned the applicant about the condition for the shared parking. Hind stated they would have to request to table the item if the Commission chose to go forward with that condition, but they would be open to designating some spaces for carpool vehicles. Commissioner Lack stated he appreciates the need for employees' parking, and stated that is why the City has a process to request additional parking. The purpose of the maximum limit on spaces is still valid, in order to not create vast expanses of paved surfaces, but in a justified situation, it makes sense for this request. Lack noted he was in favor of the request, and applauds the additional landscape measures. He was also in favor of granting grace on condition #2 regarding the shared parking easement, because the need is there, and there is no sense of diversity of time of use for the parking that is evident in mixed-use areas. Shared parking could actually re -introduce a parking problem. Commissioner Graves stated he agreed with Commissioner Lack, and is interested in the preferential carpool places as offered by the applicant; he stated he would like to see this option Planning Commission May 29, 2007 Page 7 of 12 utilized as a conditional of approval. Kit Williams, City Attorney, stated a number of spaces would need to be determined. Hind offered six spaces for preferential carpool spaces. Williams stated six spaces seemed a small amount, and then stated a proposed amendment to condition of approval number 2, to read as follows: "A minimum of (insert number) preferential carpool parking spaces shall be designated on the site, to encourage shared driving patterns and limit the need for additional parking." (Condition formulatedfrom City Attorney notes after the meeting) Commissioner Myres stated six spaces were not enough, and the applicant should set a minimum of perhaps twelve. The Planning Commission and staff discussed the ratio of parking spaces to carpool spaces. Motion: Commissioner Graves stated he was in favor of eleven carpool only spaces and made a motion to approve the request, finding in favor of all conditions of approval, with amendment to Condition #2 as stated by staff, with a minimum of 11 carpool only spaces. Commissioners Graves also noted for the record that with approval of the conditional use request, the Planning Commission was also granting approval of ADM 07-2604 for a major modification to the previously approved large scale development (LSD 06-2106) as listed in condition of approval #1. Commissioner Myres seconded the motion. Upon roll call, the motion passed with a vote of 7-0-0. Planning Commission May 29, 2007 Page 8 of 12 R-PZD 07-2551: Planned Zoning District (CHAMPIONS CLUB CONDOS, 599): Submitted by CRAFTON, TULL, SPARKS & ASSOCIATES for property located at THE SW CORNER OF RAZORBACK ROAD AND 15TH STREET. The property is zoned 1-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 4.20 acres. The request is for a Residential Planned Zoning District for rezoning and large scale development approval for 143 multi-family/condominium dwelling units and associated parking. Andrew Garner, Senior Planner, gave the staff report. Gamer described the site and the Planning Commission's previous approval of this project as a master plan PZD, but that the applicant chose to not proceed to the City Council with that plan. The project as presented meets the goals of the CityPlan 2025 as an Urban Center Area, which encourages buildings that front the street and hide parking in the rear. A trails system would be connected with the project development, in an urban development pattern. Garner went over the conditions of approval as listed in the staff report, and the waivers requested. He also updated the Commission on changes made to the plans from the prior Subdivision Committee review. No public comment was received. Steven Beam (applicant) was present for the application, representing University Housing Group, stating agreement with staff recommendation and conditions of approval. He also stated the plans had been changed to reduce a wall height along Razorback from 10 feet to a maximum of six feet, agreed to plant the walls with vines or other plants, and the wall is set back from the sidewalk a minimum of 5 feet. Commissioner Myres gave a Subdivision Committee report, at which she was concerned with the original height of the wall. The transition provided now was much better, in her opinion, and her concerns were satisfied. Commissioner Harris agreed, stating she appreciated the changes that were made. The project now is more desirable after working through these details than the previous project, and she was in favor. Motion: Commissioner Graves stated that the changes made to the project from Subdivision Committee were positive, and made those that were previously in favor of the project even more in favor of it. Graves made a motion to forward the request with a recommendation for approval, finding in favor of all conditions of approval. Commissioner Myres seconded the motion. Upon roll call, the motion passed with a vote of 7-0-0. Planning Commission May 29, 2007 Page 9 of 12 ADM 07-2516: Administrative Item (BUILDING HEIGHT STEPBACK IN MSC ZONING DISTRICT) An ordinance to amend the building height regulations for the Main Street Center Zoning District. Tim Conklin, Planning and Development Management Director, gave the staff report. He described the amendment as a means to clarify the building setback in the Main Street Center zoning district, which has a stepback requirement at 15 feet from the front property line. The intent of the amendment is to clarify that there are actually two building height zones, one of a maximum of four stories/56 feet from 0-15 feet from the front property line and one of maximum of six stories/84 feet beyond 15 feet from the front property line. No public comment was received. Commissioner Lack stated this was a good change, that it seemed it resulted from learning from the implementation of the regulations recently adopted. He stated that one thing caused some concern, the reference to "front property line" in the code language. Lack cited a situation where a sliver of property could be in front of a property being developed, and how this reference to a front property line could be confusing. Kit Williams, City Attorney, noted that the phrases "front property line" was used many times in the code, and it could be difficult to replace this language without replacing it elsewhere. The Planning Commission and staff discussed various language options regarding Master Street Plan right-of-way and front property lines, with several different variations. Jeremy Pate, Director of Current Planning, stated that the concern was duly noted, and staff will attempt to address the issue with a modification to the amendment if this goes forward to the City Council. Motion: Commissioner Lack stated he was in favor of the amendment, and made a motion to forward it to the City Council with a recommendation of approval, with the modifications to be made by staff. Commissioner Graves seconded the motion. Upon roll call, the motion passed with a vote of 7-0- 0. Planning Commission May 29, 2007 Page 10 of 12 ADM 07-2588: Administrative Item (HOME OCCUPATION/ARTIST STUDIO): An ordinance to amend the UDC Chapter 151: Definitions, Chapter 161: Zoning Regulations and Chapter 163: Use Conditions in order to clarify regulations regarding Home Occupations. Tim Conklin, Planning and Development Management Director, gave the staff report. He described the difference in home occupations and a business designation, with reference to size and commercial versus residential codes. The amendment would allow an artist to live in the same place as an artist studio, where art/crafts were made and/or sold. No public comment was received. Commissioner Lack questioned the term "merchandise," if anything could be sold. Conklin stated the intent was not to limit merchandise sold on the property to be made on the property. Commissioner Lack questioned if flour (or any other merchandise) could be sold on the property. Kit Williams, City Attorney, stated that attempting to define art was very difficult, and noted merchandise could be changed to "the artist's work product," so that it is the artist's product that could be sold, not someone else's. Commissioner Lack stated that would limit other artists from a gallery showing, potentially, and he was in favor with a gallery exhibition in such a manner. Conklin stated it was not staffs intent to overly regulate the "art" made or sold on the premises, but to allow someone to live in the same place they worked. Commissioner Myres stated an artist's work product/craftperson's work product could be used, but there were examples, such as pottery, where the pottery was rarely made on the same site as where it was sold. The Planning Commission and staff discussed artist's studio options, Use Unit 12, and how this fit into residential and commercial codes. Commissioner Graves noted he did not take issue with the amendment before the commission, but the special exception granted to artists seemed out of line and he did not like that, necessarily. Commissioner Lack and Commissioner Cabe offered amended language for the ordinance, as follows: "Any building or place of business where Artists use the premises for the creation, sale and/or display of art or craftwork...." Motion: Planning Commission May 29, 2007 Page 11 of 12 Commissioner Cabe made a motion to forward the item to the City Council with a recommendation of approval, with the modifications as discussed on the record to be made by staff. Commissioner Lack seconded the motion. Upon roll call, the motion passed with a vote of 7-0-0. Planning Commission May 29, 2007 Page 12 of 12 ADM 07-2566: Administrative Item (USE UNIT AMENDMENTS): An ordinance to amend various chapters of the UDC to clarify zoning districts in which sidewalk cafes, dance halls and government facilities may occur; to remove C-4 references; and to add Animal Ordinance definitions to the UDC. Tim Conklin, Planning and Development Management Director, gave the staff report. He described the amendment as a "catch-all" for various uses in the Unified Development Code. Exhibits A through I describe each amendment, and each was discussed, including: sidewalk cafes being added as a conditional use in all commercial zoning districts; clarifying Use Unit 29 (dance halls) as a conditional use permit in C-2, C-3; removing fire and police protection facilities from Use Unit 3 and retaining them in Use Unit 5; adding Use Unit 5 to commercial and industrial districts as a use by right, and in all residential districts as a conditional use; finding and replacing any reference to C-4 from the Code, as this zoning designation was repealed with the Downtown Zoning Code; and adding definitions that came out of the Animal Ordinance amendments, including kennels and petshops. No public comment was received. Jeremy Pate, Director of Current Planning, discussed the potential need for a definition of "hobbyist," as it relates to the animal ordinance and zoning. A hobbyist is permitted within residential zoning districts, because they are not commercially boarding animals, and a maximum of one litter per year is permitted. Kit Williams, City Attorney, stated he did not feel this definition was necessarily needed. Motion: Commissioner Myres made a motion to forward the item to the City Council with a recommendation of approval, with the modifications to be made by staff. Commissioner Harris seconded the motion. Upon roll call, the motion passed with a vote of 7-0-0. ANNOUNCEMENTS: Commissioner Harris announced this was her last meeting, as she was moving out of state. She appreciated the Planning Commission and staff s hard work, and regrets that she can not fulfill her full term. Jeremy Pate, Director of Current Planning, announced the Subdivision Committee meeting of Thursday, May 31. All business being concluded, the meeting adjourned at 6.58 PM.