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HomeMy WebLinkAbout2008-06-09 MinutesPlanning Commission June 9, 2008 Page I of 12 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on June 9, 2008 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ACTION TAKEN MINUTES: May 27, 2008 Approved Page 4 ADM 08-3014: (VILLAGE AT SHILOH, 441) Approved Page 3 ADM 08-3018: (BELLAFONT II) Approved Page 3 RZN 08-2971: (WALKER PARK NEIGHBORHOOD) Approved Page 3 R-PZD 08-2965: (AMBERWOOD PLACE, 474/475) Tabled Page 3 ADM 08-3012: (ABSHIER HEIGHTS MODIFICATION) Approved Page 3 CUP 08-2995: (LAKE HILLS CHURCH, 255) Approved Page 3 CUP 08-2993: (BRISIEL/TOWNSHIP, 330) Approved Page 3 LSP 08-2992: (BRISIEL/TOWNSHIP, 330) Approved Page 3 CUP 08-2996: (FOGHORN'S / 15TH ST., 599) Approved Page 3 A DVD copy of each Planning Commission meeting is available for viewing in the Fayetteville Planning Division. Planning Commission June 9, 2008 Page 2 of 12 MEMBERS PRESENT Jill Anthes Lois Bryant Matthew Cabe Jeremy Kennedy Andy Lack Christine Myres Sean Trumbo Porter Winston STAFF PRESENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman/Engineering CITY ATTORNEY: Kit Williams MEMBERS ABSENT James Graves 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 with the exception of Commissioners Graves and Bryant. Commissioner Bryant arrived late. Planning Commission June 9, 2008 Page 3 of 12 Consent.- Approval onsent. Approval of the minutes from the May 27, 2008 Planning Commission meeting. ADM 08-3014: (VILLAGE AT SHILOH, 441): Submitted by CRAFTON TULL SPARKS for property located 1.2 MILES S OF WEDINGTON ON SHILOH DRIVE. The request is for a one year extension of the approval for the Large Scale Development, LSD 07-2594. Planner: Andrew Garner ADM 08-3018: (BELLAFONT II): Submitted by H2 ENGINEERING, the request is for a change in the phasing for street improvements associated with the Bellafont II project. Planner: Andrew Garner Motion: Commissioner Winston made a motion to approve the consent agenda. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Commissioner Bryant arrived. Planning Commission June 9, 2008 Page 4 of 12 New Business: RZN 08-2971: (WALKER PARK NEIGHBORHOOD): Submitted by THE CITY OF FAYETTEVILLE. THE SUBJECT PROPERTIES ARE ROUGLY BOUNDED BY ARCHIBALD YELL BLVD., HUNTSVILLE RD., MORNINGSIDE DR., 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 (124.34 acres), DG, Downtown General (101.35 acres), RMF -18, Multi -Family — 18 units/acre (0.48 acres) and MSC, Main Street Center (28.62 acres). Karen Minkel, Interim Director of Long Range Planning, gave the staff report, and background. She discussed questions raised by PC members in a previous meeting regarding specific properties, including correspondence received from individual neighbors. Dorothy Ashworth, citizen, owns property at 636 Wood Ave. She stated that the property is a little over an acre and was purchased in 2005 with the intention of someday possibly developing it. The property adjoining to the north is proposed to be zoned as Downtown General, and the property adjoining to the east is zoned as a PZD; townhomes are going in there and it's somewhat commercial. She would like to have the option to develop rather than the Neighborhood Conservation where you are more limited as to what you can do with the property. Steve Winkler, stated he has four parcels involved on the south side of South St from College to Washington, surrounded entirely by Downtown General. The nature of the property is going to be consistent with what is across the street. He purchased the land in 1995 with the RMF -24 zoning. His intent is to pursue development. The homes on the property are livable but have no future. The value of the property is in the land, not the existing single-family homes. No more public comment was received. Commissioner Anthes asked for the staff recommendation on additional requests. Minkel stated she thinks that in terms of Mr. Little's property, which is in the middle of the NC, staff would recommend leaving it Neighborhood Conservation; it is in the middle of established single-family homes. The other two cases, the Ashworth and Winkler properties, have a case to be made for either side. They are compatible with the zoning districts around them, and at the Planning Commission work session, the Ashworth property was discussed and the Planning commissioners went back and forth on it because the existing uses around it would make it compatible if it were Downtown General. In the case of the Winkler property, it was surrounded by other zoning districts where Downtown General would make it compatible, and that block has not seen the restoration work that has happened on the single family homes on the South St. block just west of it. Downtown General might allow for redevelopment in the future of that block, which might be a benefit to the neighborhood. So these are both cases where you could make a case either way and staff could be comfortable with the Downtown General or Neighborhood Conservation zoning districts for those Planning Commission June 9, 2008 Page 5 of 12 two instances. Motion: Commissioner Anthes made a motion to forward the request to City Council with a recommendation for approval, based on the map with changes, with the south side of South Street between College and Washington (the Winkler property) designated as Downtown General. Commissioner Lack seconded the motion. Jeremy Pate, Director of Current Planning, stated that the Planning Commission should be aware that the map in front of them was the one they were voting on, which included the changes that were made over the last few meetings. Commissioner Lack stated that although he wasn't at the work session where the property south of Wood and 6`h was discussed, when he looked at the property there, the topography was a determining factor for him in terms of why he wouldn't necessarily recommend that it is the appropriate planning move to deepen the Downtown General. The slope there suggests that the part best suited for the Downtown General zoning would be the parcels closer to 6`h St., which are already in this map depicted that way. He had some reservation about what we call the Winkler Property on South St. in that there seems to be an edge there now; the properties to the north side of South Street seem to be of a different character and not of that same residential character that the South side depicts in lot and usage. So I have some reservations about that but also go back to honoring an ideal of transect zoning and why not necessarily zoning by street, but allowing street to be compatible and usable on both sides. That's where I can find resolution with that one. Commissioner Trumbo stated that when the Downtown Master Plan was approved, the City Council took out multi -family as a conditional use, and that was a mistake. He would vote for this motion, but thought the City Council should re -look at allowing multi -family in Neighborhood Conservation. They will have a lot of people questioning the rezoning of multi -family to neighborhood conservation, so the City Council should look at that. Upon roll call, the motion passed with a vote of 8-0-0. Planning Commission June 9, 2008 Page 6 of 12 R-PZD 08-2965: (AMBERWOOD PLACE, 474/475): Submitted by DAVE JORGENSEN for property located S & E OF DOUBLE SPRINGS RD. AND DOT TIPTON RD. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 39.98 acres. The request is for Zoning and Land Use approval for a Residential Planned Zoning District with 182 single-family dwelling units. THIS ITEM IS BEING TABLED DATE SPECIFIC TO THE JUNE 23, 2008 PLANNING COMMISSION MEETING IN ORDER FOR THE APPLICANT TO COMPLY WITH NOTIFICATION REQUIREMENTS. Motion: Commissioner Anthes made a motion to table the request to the June 23, 2008 Planning Commission meeting. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission June 9, 2008 Page 7 of 12 ADM 08-3012: (ABSHIER HEIGHTS MODIFICATION): Submitted by H2 ENGINEERING, the request is for major modifications to the conditions of approval for R-PZD 06-1883, Abshier Heights, regarding street improvements and speed tables. Jesse Fulcher, Current Planner, described the request in detail. Reason for drainage to 77 street and sewer/water improvements and maintain tree buffer and vegetative screening. Staff recommends approval with conditions as listed in the staff report. Jeremy Thompson, applicant, described reduction from 14' to 12' street widening. Would like to install additional turn lane at College Avenue to help traffic movement. No public comment was received. Commissioner Anthes asked if 2E is original, or if that is added. Motion: Commissioner Anthes made a motion to amend conditions and strike 2E. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Motion: Commissioner Myres made a motion to approve the request with amended conditions. Commissioner Cabe seconded the motion. Commissioner Anthes asked to verify that they were voting on approving modified drawings presented tonight. Fulcher stated that was correct. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission June 9, 2008 Page 8 of 12 CUP 08-2995: (LAKE HILLS CHURCH/HAAS HALL ACADEMY, 255): Submitted by RICHARD OSBORNE for property located at 2828 CROSSOVER. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 3.58 acres. The request is for a school (Use Unit 4) in the R -A Zoning District. Jesse Fulcher, Current Planner, stated that the applicant submitted an email to request the item be tabled to July 14`h Richard Osborne, applicant, stated he would like to proceed tonight. Commissioner Trumbo asked if staff was prepared. Fulcher stated he was, and gave the staff report, describing request which would allow max 150 students, 20 faculty, grades 9-12. Recommending approval with conditions as listed in the staff report. Osborne stated he represented Lake Hills Church. Church will still continue to function there, school would be added. No public comment was received. Commissioner Anthes asked if the shared parking agreement with gymnastics center and Williams Center would need to be revised. Kit Williams, City Attorney, stated he did not think so, but if the Williams Center complained and stated they wished not to continue with the shared parking arrangement, it might need to be revised. Commissioner Anthes asked about traffic concerns during drop-off and pick-up times since there is one location for ingress and egress. Jesse Fulcher, Current Planner, stated there seems to be adequate stacking and carpooling for this school. Motion: Commissioner Anthes made a motion to approve the request. Commissioner Lack seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission June 9, 2008 Page 9 of 12 CUP 08-2993: Conditional Use Permit (BRISIEL/TOWNSHIP, 330): Submitted by TIM BRISIEL for property located at the SOUTH SIDE OF TOWNSHIP ST., EAST OF PEEL ST. The property is zoned RSF-4, SINGLE FAMILY — 4 UNITS/ACRE and contains approximately 0.98 acres. The request is for a tandem lot. LSP 08-2992: Lot Split (BRISIEL/TOWNSHIP, 330): Submitted by TIM BRISIEL for property located at SOUTH SIDE OF TOWNSHIP ST., EAST OF PEEL ST. The property is zoned RSF-4, SINGLE FAMILY — 4 UNITS/ACRE and contains approximately 0.91 acres. The request is to divide the subject property into three tracts of 0.26, 0.26, and 0.39 acres. Dara Sanders, Current Planner, gave the staff report for both the LSP and CUP request. Staff recommends approval of both requests with conditions as listed in the staff reports. Tim Brisiel, applicant, stated he was in agreement with all conditions of approval and has discussed the project with the neighboring property owners. He stated that he intends to install privacy fences and extensive landscaping. No public comment was received. Commissioner Lack stated he has seen this situation along Township a few times and agrees that the request is appropriate, though he is concerned with plat not showing the shared drive alignment with Sherwood, as required by Condition of Approval #2 of LSP 08-2992. Jeremy Pate, Director of Current Planning, stated the applicant does agree to that condition, staff will ensure that revision is made before approving the plat for recordation. Motion: Commissioner Lack made a motion to approve the Conditional Use Permit request with conditions as listed in the staff report. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Motion: Commissioner Lack made a motion to approve the Lot Split request with conditions as listed in the staff report. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission June 9, 2008 Page 10 of 12 CUP 08-2996: (FOGHORN'S / 15Tu ST., 599) property located at 1545 W. 15TH ST., SUITE 1. COMEMRCIAL and contains approximately 1 establishment. Submitted by JEFF HODGES FOGHORN'S for The property is zoned C-2, THOROUGHFARE 79 acres. The request is for an outdoor music Dara Sanders, Current Planner, gave the staff report, describing the request, recommending approval with conditions as listed in the staff report. Jeff Hodges, applicant/owner of Foghorn's, stated that the only thing he would like to see considered is the hours of operation for Thursday night to be extended beyond staff's recommendation, as he believes the adjacent residences are far enough away not to be disturbed by the proposed music. No public comment was received. Commissioner Winston discussed condition #4, asking why the ordinance limits the number of speakers instead of the decibel level from any given number of speakers simultaneously. Jeremy Pate, Director of Current Planning, described the outdoor music establishment ordinance and explained that the condition is consistent with the applicant's proposal and past conditions of approval for outdoor music requests. Commissioner Winston stated it seems like it would be appropriate to allow the applicant more leeway to design a proper sound system, and correct it later if there were complaints. Commissioner Trumbo asked if the Planning Commission has the authority to change that condition. Pate confirmed that it does. The noise ordinance is separate, and what the Planning Commission is considering is above and beyond the noise ordinance, and the applicant is allowed to have as many speakers as they want as long as it meets the criteria of the noise ordinance. Motion: Commissioner Winston made a motion to amend condition #4 to remove "and public right-of-way" from the language, and add that "the number of speakers and their locations shall be reviewed and approved by staff." Commissioner Trumbo asked if Jeremy had comments on striking "and public right-of-way" from the language. Pate stated it was OK. Kit Williams, City Attorney, stated he had no problems with it, but that "review and approve" should be added. Planning Commission June 9, 2008 Page 11 of 12 Commissioner Trumbo stated there was a motion to amend condition #4, and that the applicant has also asked to discuss condition #6. He had requested hours of Thursday until 11PM, and staff recommended until 9PM. He asked for that clarification that the noise ordinance is complaint - driven, and if the noise is not above a certain decibel level, there is nothing the Planning Commission can do. Williams stated that was not the case. He explained that the Planning Commission can add additional requirements for noise control via the Conditional Use Permit that go above and beyond the noise ordinance. Commissioner Trumbo asked if we could allow the applicant to have music until 11PM, and revoke that right if there was a nuisance, and if a nuisance is defined as being noise above the decibel level. Williams confirmed that was correct. Commissioner Trumbo discussed staff s recommended 9PM cut-off time for Thursday. Commissioner Kennedy asked if 1 OPM would be a reasonable compromise for Thursday. Hodges stated he would be fine with that. Commissioner Myres stated that only Thursday is considered to be changed, and that the condition will have to be restated. Commissioner Winston stated he would like to amend the motion to include an amendment to Condition of Approval #6 to allow Thursday to l OPM, so that the condition would read that hours of outdoor music shall be permitted on Sunday -Wednesday 12PM-9PM, Thursday 12PM-1 OPM, and Friday -Saturday 12PM-11PM. Commissioner Anthes withdrew her second for the motion. Commissioner Myres seconded the motion. Commissioner Cabe discussed the measurement of noise, and how it is technically measured. Pate stated that in enforcing the noise ordinance, the police officer will take a reading from the edge of the property of the complaintant, and from the edge of the zoning district on which the complaintant is located. Commissioner Lack stated he will support staff s recommendation despite the 1 hour difference being relatively minor, since it can make a big difference to the complaintant. He stated that he will vote "No" on motion. Williams stated that the Planning Commission may want to vote on amendments separately before Planning Commission June 9, 2008 Page 12 of 12 making a motion to approve the request. Motion: Commissioner Myres made a motion to approve amended condition #4. Commissioner Anthes seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Motion: Commissioner Myres made a motion to approve amended condition #6. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 5-3-0, with Commissioners Lack, Anthes, and Cabe voting no. Motion: Commissioner Myres made a motion to approve the request as amended. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0.