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HomeMy WebLinkAbout2008-05-12 MinutesPlanning Commission May 12, 2008 Page I of 8 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on May 12, 2008 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. MINUTES: April 28, 2008 Page 4 ACTION TAKEN Approved CCP 08-2973: (LAKEWOOD S/D LOTS 77-96,137) Approved Page 3 ADM 08-3000: (BUNGALOWS AT CATO SPRINGS, 600) Approved Page 3 RZN 08-2971: (WALKER PARK NEIGHBORHOOD) Tabled Page 4 A DVD copy of each Planning Commission meeting is availablefor viewing in the Fayetteville Planning Division. Planning Commission May 12, 2008 Page 2 of 8 MEMBERS PRESENT Jill Anthes Lois Bryant Matthew Cabe James Graves Jeremy Kennedy Andy Lack Christine Myres Sean Trumbo Porter Winston STAFF PRESENT Jeremy Pate Andrew Garner Jesse Fulcher Data Sanders Glenn Newman/Engineering CITY ATTORNEY: Kit Williams MEMBERS ABSENT STAFF ABSENT Planning Commission Chair Sean Trumbo called the meeting to order. Commissioner Trumbo requested for all cell phones to be turned off, and informed the audience that listening devices were available. Upon roll call, all members were present. Planning Commission May 12, 2008 Page 3 of 8 Consent.- Approval onsent. Approval of the minutes from the April 28, 2008 Planning Commission meeting. CCP 08-2973: (LAKEWOOD S/D LOTS 77-96,137): Submitted by H2 ENGINEERING, INC. for property located at N OF ZION RD., W. OF RANDALL PL. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 1.53 acres. The request is to re -plat lots 77-96 of the approved Residential Planned Zoning District, R-PZD 05-1599. Planner: Andrew Garner ADM 08-3000: (BUNGALOWS AT CATO SPRINGS, 600): Submitted by BURKE LARKIN for property located at N. OF CATO SPRINGS RD., W. OF CLINE AVE. The property is zoned R- PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 5.52 acre. The request is for a reduction of the required street improvement assessment. Planner: Andrew Garner Motion: Commissioner Graves made a motion to approve the consent agenda. Commissioner Lack seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission May 12, 2008 Page 4 of 8 New Business: RZN 08-2971: (WALKER PARK NEIGHBORHOOD): Submitted by THE CITY OF FAYETTEVILLE. THE SUBJECT PROPERTIES ARE ROUGHLY BOUNDED BY ARCHIBALD YELL BLVD., HUNTSVILLE ROAD, MORNINGSIDE DRIVE, 15TH STREET AND S. SCHOOL AVENUE. The properties are zoned RMF -24, MULTI FAMILY — 24 UNITS/ACRE, C-2, THOROUGHFARE COMMERCIAL AND P-1, INSTITUTIONAL and contain approximately 303.45 acres. The request is to rezone the various properties within the boundaries of the Walker Park Neighborhood to NC, Neighborhood Conservation (128.19 acres), DG, Downtown General (107.41 acres), and MSC, Main Street Center (19.94 acres). Planner: Karen Minkel Karen Minkel, Senior Long Range Planner, gave the staff report, stating that the Planning Commission conducted a work session on May 6, 2008 to discuss issues from the last Planning Commission meeting. The following areas were included in the discussion: 1) Morningside Drive (Downtown General too large or too small); 2) 6th Street and Wood Avenue (Downtown General appropriate to create a node); 3) Willow Avenue and 6 1 Street (Downtown General appropriate to complete Jefferson Square); 4) 4 1 Street and Washington Avenue (Downtown General appropriate to match Illustrative Plan); 5) 11`h Street and Willow [not an existing street] (Downtown General appropriate to match illustrative plan, too much Downtown General); 6) Parcels behind Walgreens (Downtown General or Neighborhood Conservation); and 7) South School Avenue (Main Street Center area made larger). Individual parcels that were brought to staff's attention by property owners were also discussed: 1) Trey Morrison — 2 parcels SE corner of Church Avenue and 6`h Street; 2) Mark Sugg — 3 parcels on 7ch Street b/w Wood and Willow; 3) Dorothy Ashworth — 1 parcel NE corner of 7`h Street and Wood Avenue; and 4) Marc Crandall — 1 parcel on Wood Avenue between 7`h Street and 15`h Street. Staff is recommending that if the zoning map is changed, staff would like to re -mail the neighbors to give ample notification. Randy Nix, citizen, stated he lives at 1372 S. College Ave, and wished to speak in favor of the rezoning. He said that the concept of neighborhood is very important in this city. He and his wife looked for 2 years for a permanent and last home, and found exactly what he wanted in the Walker Park Neighborhood. It is a multi -generational, multi-ethnic neighborhood, and suits their style. The affordability of the neighborhood was very attractive to them. They were able to buy a home, bring it up to City standards, while keeping it small, which is often hard to find in this city. A smaller home and smaller yard means a large discretionary income for us at the end of a month. It is close to the town center and close to the University. The rezoning will continue to enhance the sustainability of a true neighborhood. Rob Lewis, citizen, stated he was the owner of the City Lumber Company on S. School Ave. He wanted to make sure his business is still in compliance with the rezoning. It's been on S. School since 1959 and has been in Fayetteville for 82 years. He said his understanding is that Downtown General is primarily residential, with some businesses allowed. This may be the case with the Jefferson School area but it is not the same for S. School, which is all businesses. According to the Downtown Master Plan, Main Street Center was to be a core area that had a 1/2 -mile radius; if 15`h & School, and 6`h & School are to be Main Street Center, then a half -mile radius would overlap. This Planning Commission May 12, 2008 Page 5 of 8 would place City Lumber in a Main Street Center zone. Rick Woods, representative for Marc Crandall, who owns 900-914 S. Wood Avenue stated that he was not here to challenge the rezoning in its broad scheme, but was here to discuss the spot zoning comment. He asked that Mr. Crandall's property be zoned Downtown General to reflect the existing use, which is multi -family. The proposed rezoning would affect the ability to finance, sell, and will alter the property value. He cited a zoning case in Little Rock where the zoning ordinance was challenged and considered a taking. He wanted these properties to be Downtown General to save trouble and further legal costs. Commissioner Graves asked if staff could address the City Lumber question regarding the use. Minkel stated that staff is researching the use currently to determine if the use is industrial or commercial, the latter of which would be allowed by a Conditional Use Permit. Commissioner Graves asked if the City Attorney could speak to the rezoning of a property that creates a nonconforming use, when it is conforming now. Kit Williams, City Attorney, discussed compatibility and spot zoning. The Planning Commission needs to look carefully at each property owner's situation and how fair or unfair it is to change the rules for a property owner. Normally a down -zoning is not considered a taking on undeveloped land. As long as substantial value remains in the property, the Supreme Court has found typically that it is not a constitutional violation. The Planning Commission needs to look very carefully at each case and try to work with property owners that have existing property that is developed. Commissioner Anthes asked Mr. Woods if some of the units are separate lots and have been sold. Woods stated that they were sold as condominiums, not separate lots. Commissioner Winston asked if it is possible to split the units into separate lots. Marc Crandall, owner, stated it was not possible, that he has attempted that option. Commissioner Anthes stated that in the downtown rezoning there was more up -zoning than down - zoning. She asked if the City has allowed multiple property owners to come together and rezone with one application and fee. Williams stated that yes, the City has allowed this in the past, but this is a neighborhood rezoning and so now is the time to review these cases, instead of placing the burden on the property owner later. The Planning Commission did not want property owners to come back again. No ordinance says you can't spot zone. You can take that into consideration, but it is not the only thing. You can take the development into account also. You must ask if the existing use is compatible with what is around it. Jeremy Pate, Director of Current Planning, discussed incompatibility of uses within various zoning Planning Commission May 12, 2008 Page 6 of 8 districts and stated that these decisions are policy decisions. The challenge with a Downtown General zoning district in this particular area is not that multi -family is incompatible but other uses that are allowed may be. For example, would a City Lumber be appropriate in this location, surrounded by single family residential uses? This is staff's concern, for the compatibility not of what is there currently, but what is allowed with a new zoning district. Williams stated that one suggestion would be to use an existing multi -family district, with a lower density. Condos would be as -of -right but you would know you wouldn't see a service station sometime in the future. Crandall stated the zoning was currently RMF -24 and he had 7 units on one-half acre. He would be amenable to a multi -family zoning that accommodates that. Commissioner Trumbo stated he would like the multi -family in Neighborhood Conservation in some cases, and perhaps it could be revisited as a conditional use permit. Commissioner Myres stated that she understood staffs concerns but was open to looking at anything that works and is most efficient for achieving the goals of the Plan, whether it's allowing multi -family as a conditional use or using some sort of multi -family zoning district. Motion: Commissioner Lack made a motion to modify the map for the Crandall parcel to be rezoned to the lowest density of multi -family zoning available. Commissioner Anthes seconded the motion. Commissioner Graves stated he would like to be more specific, and would recommend RMF -12. This zoning district would be slightly lower than the 7 units on one-half acre, but would likely not constitute a taking. Commissioner Anthes confirmed that this would come back to Planning Commission after the notification, so that this is not necessarily the final recommendation. Commissioner Cabe stated he was okay with Downtown General at that location and living with an eclectic neighborhood. Commissioner Anthes stated she also likes the downtown zones, but because this is so embedded in that neighborhood conservation area and the neighbors expressed strong feelings about the established neighborhood, she is thrilled that the multi -family zoning district is an option. Upon roll call the motion to modify the Crandall property to multi -family zoning of lower density passed with a vote of 9-0-0. Commissioner Trumbo stated that on the City Lumber property, we are waiting on a determination of whether it is industrial or commercial. Planning Commission May 12, 2008 Page 7 of 8 Minkel stated that this was correct. Motion: Commissioner Anthes made a motion to accept the changes as noted on the May 12 draft rezoning map, with the addition of the previous motion, just approved. Commissioner Myres seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Commissioner Myres stated she was in favor of accepting the working group's recommendations on parcels B & C. Commissioner Graves asked about the Sugg and Ashworth properties. Minkel stated that the Ashworth parcel has a single-family residence. The Sugg property includes a parcel that is vacant and two parcels that possibly have small multi -family structures or a duplex. Trumbo asked what Commissioner Anthes' thoughts are on adding multi -family back into Neighborhood Conservation. This might create an option for looking at properties individually. Commissioner Anthes stated that if you look at the Illustrative Plan that has been adopted, there are some areas of high density next to areas of single family detached. Obviously staff had to make a choice on what to recommend to zone these properties, and some of those don't necessarily fit exactly with the Illustrative Plan. A Conditional Use Permit for multifamily in Neighborhood Conservation would add a tool to allow the predictability, but stilt the mixture of housing choices. Kennedy asked if staff is going to evaluate all of the uses up and down S. School to determine if the uses there are allowed, like with City Lumber. Minkel stated that staff has notified everyone, and assumes that if no one is contacting us, that they are OK with the rezoning. Pate stated that it is very likely many of the businesses up and down S. School do not have Certificates of Zoning Compliance. While researching each and every one may provide more information, it may also bring up large issues of code compliance. Staff is not prepared to conduct that investigation at this time, and our enforcement policy is typically complaint -driven. Commissioner Anthes asked if there are ways to waive fees or provide relief for a time associated with this rezoning. Williams stated that yes, City Council could do that if they wanted to so. Motion: Commissioner Cabe made a motion to table the rezoning indefinitely. Commissioner Myres Planning Commission May 12, 2008 Page 8 of 8 seconded the motion. Upon roll call the motion was approved by a vote of 9-0-0. All business being concluded, the meeting was adjourned at 6:33 PM.