Loading...
HomeMy WebLinkAbout2008-03-10 MinutesPlanning Commission March 10, 2008 Page I of 12 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on March 10, 2008 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ACTION TAKEN MINUTES: February 25, 2008 Approved Page 3 VAC 08-2930: (WILMOTH/WELLSLEY PLACE, 409)Forwarded Page 3 ADM 08-2943: (MATHIAS BOX AVENUE, 372) Approved Page 3 ADM 08-2938: (PRATT PLACE INN, 481) Denied Page 3 CUP 08-2908: (VAUGHN RECYCLING CENTER, 562) Approved Page 4 CUP 08-2921: (RAMEY, 363) Approved Page 4 RZN 08-2913: (JB HANNA, LLC, 715/676) Tabled Page 4 CUP 08-2922: (LIGHT TOWER, LLEC/VERIZON/RUPPLE RD., 400) Tabled Page 4 ADM 08-2941: (HOSKINS PARKLAND VARIANCE) Page 4 Forwarded A DVD copy of each Planning Commission meeting is available for viewing in the Fayetteville Planning Division. Planning Commission March 10, 2008 Page 2 of 12 MEMBERS PRESENT Andy Lack Jill Anthes Matthew Cabe Lois Bryant Alan Ostner Porter Winston STAFF PRESENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman/Engineering CITY ATTORNEY: Kit Williams MEMBERS ABSENT James Graves Christine Myres Sean Trumbo 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. Jeremy Pate, Director of Current Planning, called the Planning Commission roll. All members were present with the exception of Commissioners Graves, Myres, and Trumbo. Planning Commission March 10, 2008 Page 3 of 12 Consent: Approval of the minutes from the February 25, 2008 Planning Commission meeting. VAC 08-2930: (WILMOTH / WELLSLEY PLACE, 409): Submitted by DAVE JORGENSEN for property located at 1609 Wellsley Place. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY — 4 UNITS/ACRE and contains approximately 0.20 acres. The request is to vacate a portion of the utility easements on the subject property. ADM 08-2943: Administrative Item (MATHIAS BOX AVENUE, 372): Submitted by H2 ENGINEERING for property located on BOX AVENUE, N AND E OF MISSION AND CROSSOVER. The request is for a modification to CUP 07-2749 (Mathias) regarding the widening of Box Avenue. Motion: Commissioner Ostner made a motion to approve the consent agenda. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. Commissioner Lack arrived. Planning Commission March 10, 2008 Page 4 of 12 New Business: ADM 08-2938: Administrative Item (PRATT PLACE INN C-PZD 05-1670,481): Submitted by JULIAN AND JANE ARCHER for property located at 2115 W. Markham Road. The property is zoned C-PZD and contains approximately 72.00 acres. The request is to amend the zoning criteria to allow certain freestanding signs, which are not the required monument signs. Jesse Fulcher, Current Planner, gave the staff report, describing the Pratt Place Inn PZD signage requirements. The applicants are requesting an amendment to the zoning criteria for the approved PZD to allow the signs that are currently installed. Staff recommended denial, based on findings in the staff report, for the freestanding signs in the current location, finding that the monument sign as originally approved would be less obtrusive to the surrounding neighborhood. Daniel Eldridge, applicant's representative, described the request for signage in their existing location, between the trees. He stated the signs were appropriate and of good quality, and fit well with the neighborhood. Paul Marlin, neighbor, discussed vandalism of signage, history of use of site. The signs are aesthetically pleasing and do not cause undue duress for the neighborhood. Felicia Ferris, neighbor, stated she lives in the neighborhood on Markham Hill. Their issue is that it is ambiguous in its location, and causes someone to turn into the neighborhood. She would like to see an arrow or lighting showing people the way to the proper place. Any amendments should correct ambiguity of signs. In addition, there is not enough lighting for the sign, made out of glass. John Robinson, neighbor, stated he was surprised about the objection to the signs, and would hope the Planning Commission would make an exception to the rules. Jeremy Pate, Director of Current Planning, discussed the PZD requirements and sign codes. The item is not a variance, instead is a modification to PZD sign regulation, which can be more restrictive, but not less so than the sign ordinance. This board does not have the authority to grant a variance to the sign regulations. Kit Williams, City Attorney, discussed the Board of Sign Appeals. Courts have rejected this notion, because there is too much discretion. City regulations do not exist to restrict content; rather, they regulate size, location, etc. Commission Anthes asked if someone could discuss the vandalism issue. Pate stated that while vandalism can be an issue, the neighborhood would know better than staff. Commissioner Cabe confirmed the size of the signs. Commissioner Lack stated that if the original application had included pole -mounted or signs similar to what is installed now, he would have reservations then. He stated he does not support the Planning Commission March 10, 2008 Page 5 of 12 request. Motion: Commissioner Lack made a motion to deny the request. Commissioner Ostner seconded the motion. Commissioner Anthes stated that she did tour the property and observed there was moisture behind the glass, causing the signs to be difficult to read. With the signs the way they are now -- taller, closer to the road -- they pose a danger, forcing motorists to crane their neck to look up, turning their eyes off the road, and in her case, almost causing an accident. Sign regulations also exist to address safety (not just aesthetics), in their setbacks from the street, and this location does not feel safe. Upon roll call the motion passed with a vote of 6-0-0. Pate stated the decision could be appealed to City Council within 10 business days. Planning Commission March 10, 2008 Page 6 of 12 CUP 08-2908: Conditional Use Permit (VAUGHN RECYCLING CENTER, 562): Submitted by BATES & ASSOCIATES for property located at 1246 S. SCHOOL AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.94 acres. The request is to operate a center for the collection of recyclable materials. Dara Sanders, Current Planner, gave the staff report, updating the Planning Commission regarding questions from the last meeting. Staff recommended amending the conditions within the staff report, removing condition #1 and adding a new #1 and #2, as read into the record: All materials shall be sorted, processed, packed, and stored inside the building. Storage or processing of potentially explosive or combustible materials and/or chemicals shall be prohibited. 2. Large trailers shall be utilized only for loading and removal of materials from the site, and may not be utilized for storage. Large trailers shall be parked for loading only at the rear of the building, as indicated on the site plan, and shall not be visible from the public right-of- way, until the time of shipping of materials. Any one trailer may be parked at the site for a maximum of five (5) days. Staff recommends approval with 12 conditions as amended, based on the findings within the staff report.. Chris Waller, applicant, stated that improvements will include landscaping, screening, and improvements to the building. He is aware of the12 conditions and agrees with all of them, including amendments. Commissioner Ostner stated that the uses seem amenable to the site. He asked about maneuverability of the large trucks. Waller stated he would like to work with staff to place curbs in appropriate locations, perhaps not all around the site. Commissioner Ostner stated that was his concern. If an area needs to be gravel, show gravel. If they need curb stops, the can work that out with staff. The applicants discussed the presented options. Waller stated he would like to leave gravel, if possible, for maneuvering. Commissioner Ostner stated he would be OK with that. We are approving a very light industrial use with a lot of conditions. Motion: Planning Commission March 10, 2008 Page 7 of 12 Commissioner Ostner made a motion to amend condition #2 to state that the gravel would extend east to the fence line. Commissioner Cabe seconded the motion. Commissioner Lack discussed grass vs. gravel, concerns with run-off and percolation. He stated he would rather see more grass to offset paving area. Commissioner Winston discussed a compromise of gravel and grass. Commissioner Anthes stated the asphalt could extend 12' to the rear of the dumpster enclosure, and they could place boulders or something to keep trucks from encroaching into the greenspace. Commissioner Ostner discussed the gravel idea. He stated that he is amenable to paving to the back of the dumpster and after that, installing a holding swale. Ostner withdrew his first motion. Commissioner Anthes asked the applicant about the possibility of a swale. Waller stated he had coordinated with the Engineering Division regarding drainage and has concluded that the site doesn't require detention but agreed to provide a vegetated swale. Commissioner Ostner stated the proposal is appropriate for the site, the zoning allowances act appropriate. The conditions promote a good project that will add to a growing commercial neighborhood. Motion: Commissioner Ostner made a motion to approve the request with an staff s recommended conditions, and an additional condition of approval as follows: The paved maneuvering area shall be extended 12 feet to the east to ensure maneuverability. The applicant shall include a bioswale, east of the paved maneuvering area, for drainage purposes, to be approved by the Engineering Division. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission March 10, 2008 Page 8 of 12 CUP 08-2921: Conditional Use Permit (RAMEY, 363): Submitted by AMY & WALTER RAMEY for property located at 2101 ALPINE AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY — 4 UNITS/ACRE and contains approximately 0.27 acres. The request is for an in-home daycare facility. Dara Sanders, Current Planner, gave the staff report, recommending approval based on findings within the staff report, and with conditions of approval as listed in the staff report. Amy Ramey, applicant, stated she agreed with all conditions of approval. No public comment was received. Motion: Commissioner Winston made a motion to approve the request. Commissioner Cabe seconded the motion. Commissioner Ostner asked if there was any public comment. Jeremy Pate, Director of Current Planning, stated there was none. Commissioner Anthes stated it was a quite accessible site for this type of use. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission March 10, 2008 Page 9 of 12 RZN 08-2913: Rezoning (JB HANNA, LLC, 715/676): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at I-540 AND FULBRIGHT. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 14.27 acres. The request is to rezone the subject property to C-2, THOROUGHFARE COMMERCIAL. Jeremy Pate, Director of Current Planning, described the request of the applicant to be tabled indefinitely. Motion: Commissioner Ostner made a motion to table the request indefinitely. Commissioner Bryant seconded the motion. Upon roll call the motion was passed with a vote of 5-0-1 (Commissioner Cabe was absent for the vote). Planning Commission March 10, 2008 Page 10 of 12 CUP 08-2922: Conditional Use Permit (VERIZON WIRELESS RUPPLE ROAD, 400): Submitted by TRACY WOODEN for property located at 1363 N. RUPPLE ROAD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1. 11 acres. The request is for a wireless communication tower. Bob Estes, applicant, stated that based on staff recommendation to review other locations, he requested the item be tabled to the March 24, 2008 Planning Commission meeting. Motion: Commissioner Ostner made a motion to table the request to the next meeting. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission March 10, 2008 Page 11 of 12 ADM 08-2941: (HOSKINS PARKLAND VARIANCE): Submitted by TRACY HOSKINS, requesting a variance from the parkland dedication contribution formula, pursuant to Ch. 156.03, Variances. Jeremy Pate, Director of Current Planning, gave the staff report, describing the request, recommending denial based on the findings within the report. Tracy Hoskins, applicant, stated he was requesting the variance because that was what he was told to do. He does not want to lower any fees; he just wants to use the value of his land at $40,000 per acre. It was not disclosed to him at the time of the trade that the land bank was only in land. The original agreement did not go before PRAB or Planning Commission; it was only through the City Council. The only thing he is asking for is giving him 100% of 1.51 acres at full consideration. There was no public comment. Commissioner Anthes stated that before us is an interpretation of a deal made between Hoskins and the City Council. It is difficult or impossible to know all of the nuances of that agreement. However, in the Resolution, based on all of the information presented, it appears to indicate banked land, not money or value of land. Commissioner Lack stated that reading through the agreement, nothing tells him that it is obviously a trade value of land. He discussed concerns with the request. Based on his evaluation of the issue, there is no good reasoning to recommend the change. He also read the dedication in the excess verbiage, it is clear there that it is a land for land transaction, in land mass. He stated he can't find reason to find in favor. Commissioner Ostner stated he tends to agree with the previous perspective. This tends to be a slippery slope on the public side of the transaction. Value of land banked is not a fair trade for actual amount of land. He discussed problems with value changing over time. It simply does not seem fair. Hoskins discussed 2.5 acres vs. 2.25 acres — the resolution was amended to show 2.25, not 2.5. That calculation shows the trade was at $40,000/acre. The check the City wrote for 2.25 acres shows this value was discussed. Commissioner Winston stated he would like to forward with a recommendation to City Council to consider, as opposed to making a final decision. Commissioner Anthes stated she was thinking of the same. She asked for staff whether the item would have to be appealed if it were denied. Pate stated that with this particular variance, it goes through the Parks Board and Planning Commission, and automatically goes to the City Council, regardless of the recommendation. Kit Williams, City Attorney, stated if you don't feel like you can make a recommendation, you do Planning Commission March 10, 2008 Page 12 of 12 not have to do so. The Council would take the comments made and consider them in their decision. This would follow the procedure to go to City Council. Commissioner Ostner stated that this is a City Council agreement. The horse trade didn't happen here, but this parks dedication is related to development, and the Planning Commission and Parks Board should be weighing in. We should give them a thoughtful consideration. Motion: Commissioner Ostner made a motion to deny the request. Commissioner Cabe seconded the motion. Commissioner Lack stated it would be easier to be non -committal, but our job is to implement the ordinance. He stated he can't find teeth to support this request in the ordinance. Land is currency in this ordinance. There may be value to look at an option for this in the ordinance, but it doesn't include it now. It may need to be reviewed in the future. Commissioner Anthes stated it is not her intent to be non -committal, rather, she stated she does not feel qualified to make a decision in this particular case, as the Planning Commission was not party to the negotiations between the applicant and City Council. Upon roll call, the motion to deny tied with a vote of 3-3-0, with Commissioners Winston, Bryant and Anthes voting no. Motion: Commissioner Anthes made a motion to forward the request to City Council with minutes, concerns, and comments, but with no recommendation. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 5-1-0, with Commissioner Cabe voting no. Nominating Committee: The nominating Committee of the Planning Commission presented the slate of officers for 2008. Nominated for office were: Chair: Commissioner Trumbo Vice Chair: Commissioner Lack Secretary: Commissioner Bryant All business being concluded, the meeting was adjourned at 7:10 PM.