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HomeMy WebLinkAbout2009-06-22 MinutesPlanning Commission June 22, 2009 Page I of 12 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on June 22, 2009 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ACTION TAKEN MINUTES: JUNE 8, 2009 Approved Page 3 VAC 08-3181: (ELSASS / 621 ROCKCLIFF ROAD, 449) Approved Page 3 VAC 09-3320: (ELSASS / 621 ROCKCLIFF ROAD, 449): Approved Page 3 VAC 09-3321: (HUBBARD / TRAILS END LANE, 060): Approved Page 3 ADM 09-3334: (ROOT ELEMENTARY, 408): Approved Page 3 CUP 09-3295: (ZAREMBA-CULVER / 317 HUNTSVILLE, 524): Approved Page 4 CUP 09-3322: (AMERICAN TOWER / MILLSAP ROAD, 213): Withdrawn Page 6 RZN 09-3318: (HAPPY HOLLOW SCHOOL / CROSSOVER RD., 527): Forwarded Page 7 RZN 09-3317: (WHITFIELD / CROSSOVER RD., 527): Forwarded Page 8 R-PZD 09-3237: (MARKHAM HILL COTTAGE COURTS, 520): Forwarded Page 9 ADM 09-3288: (UDC AMENDMENT §163.15 TRANSIT SYSTEM SHELTERS): Page 11 Forwarded ADM 09-3332: (URBAN RESIDENTIAL DESIGN STANDARDS): Tabled Page 12 Planning Commission June 22, 2009 Page 2 of 12 MEMBERS PRESENT Craig Honchell Jeremy Kennedy Andy Lack Christine Myres Sean Trumbo Porter Winston Jim Zant STAFF PRESENT Jeremy Pate Andrew Garner Glenn Newman CITY ATTORNEY: Kit Williams MEMBERS ABSENT Matthew Cabe James Graves STAFF ABSENT Jesse Fulcher Dara Sanders 5:30 PM- 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 Commissioner Cabe and Commissioner Graves. Planning Commission June 22, 2009 Page 3 of 12 Consent. Approval of the minutes from the June 8, 2009 Planning Commission meeting. VAC 08-3181: (ELSASS / 621 ROCKCLIFF ROAD, 449): Submitted by KIRK ELSASS for property located at 619 N. ROCKCLIFF ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.27 acres. The request is to vacate a drainage easement on the subject property. VAC 09-3320: (ELSASS / 621 ROCKCLIFF ROAD, 449): Submitted by ALAN REID for property located at 621 ROCKCLIFF ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.71 acres. The request is to vacate two utility and drainage easements on the subject property. VAC 09-3321: (HUBBARD / TRAILS END LANE, 060): Submitted by TOM HUBBARD for property located at 4830 TRAILS END, STONEWOOD S/D. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.24 acres. The request is to vacate a portion of a utility easement on the subject property. ADM 09-3334: (ROOT ELEMENTARY, 408): Submitted by FAYETTEVILLE SCHOOLS for property located at 1529 E. MISSION BLVD. The request is to amend a condition of approval for CUP 08-3074 to extend the required removal date of the approved temporary classroom. No public comment was received. Motion: Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Myres seconded the motion. Upon roll call the motion passed with a vote of 6-0-1 (with Commissioner Kennedy recusing). Planning Commission June 22, 2009 Page 4 of 12 Unfinished Business: CUP 09-3295: (ZAREMBA-CULVER / 317 HUNTSVILLE, 524): Submitted by KARYN ZAREMBA-CULVER for property located at 317 HUNTSVILLE ROAD. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.26 acres. The request is to operate a plant nursery on the subject property. Andrew Garner, Senior Planner, gave the staff report stating that this item was discussed in full at the June 8, 2009 Planning Commission meeting and public comment was received. Gamer addressed some of the Planning Commission's questions from the previous meeting regarding staff's recommendation for the hours of operation, a clarification on the condition of approval minimizing large delivery vehicles, and the addition of additional privacy fence between the subject property and the property owner at 416 South Willow. Staff recommends approval of the request based on the findings discussed at the previous planning commission and detailed in the staff report. Herb Culver, applicant, stated that he was here for questions. No public comment was received. Commissioner Lack asked about staffs recommendation for hours of operation. Garner discussed that due to the small nature and intensity of the proposed uses with very limited retail at a maximum of 12 sale days per year and the small number of people that would attend gardening classes or discussion on the house, the hours of operation allowing the sale days to start at 8 AM and the classes to be allowed until 9 PM should not result in adverse impacts to the neighborhood. Commissioner Zant asked about the conditional use permit and all of the details outlined in the conditions of approval. Garner discussed that in processing the application staff worked with the applicant to get all of the detailed information on the business, hours of operation, maximum numbers, etc. Commissioner Zant stated concerns with the number of cars, hours of operation. He stated to the applicant that this business will be allowed to continue and be more compatible if the neighbors do not notice it. Commissioner Myres discussed that yard sales are allowed in all single family residences and can start at 7 AM, and bring a large amount of traffic. The Farmer's Market on the square that has a number of residents in the vicinity also starts at 7 AM. She stated in favor of the proposed hours of operation. Commissioner Winston discussed that he is in favor of this use. It is neighborhood enriching and the intensity is rather low. Commissioner Honchell asked about the parking and hours of operation, etc. Planning Commission June 22, 2009 Page 5 of 12 Culver discussed that the subject property is not the primary operation for their nursery business. 90% of their business will be in other areas and they do not plan on major events resulting in traffic congestion or parking issues at this site. Commissioner Honchell asked about the greenhouses. Culver discussed the design of the greenhouse with metal hoops being covered in plastic as indicated in the photos and that the greenhouse would be immediately repaired if needed. Kit Williams, City Attorney, brought up an issue discussed by an adjacent neighbor about the enforcement of the by -appointment retail allowed as part of this conditional use permit. Garner explained that enforcement is on a complaint basis and that the conditions of approval are specific enough for staff to be able to investigate a complaint and determine if a violation of the conditional use permit has occurred. In the case of the by -appointment basis; if a complaint were reported and staff could verify that there were multiple vehicles/customers at the house at one time it would be in violation of that condition. Commissioner Lack stated that he would prefer that condition of approval IA, regarding the by - appointment retail, be clarified further; that only one client at a time could be seen by appointment. Commissioner Winston discussed that one client would also mean one vehicle at a time, as more than one person might be in the vehicle. Motion: Commissioner Lack made a motion to approve CUP 09-3295 the request with clarification to condition of approval l.d.; specifying that sales by appointment are restricted to one client/one person at a time maximum. Commissioner Kennedy seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission June 22, 2009 Page 6 of 12 New Business: CUP 09-3322: (AMERICAN TOWER / MILLSAP ROAD, 213): Submitted by RANDAL B. FRAZIER for property located at 1285 E MILLSAP ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.19 acres. The request is for a 150' monopole wireless communication facility on the subject property. THIS APPLICATION HAS BEEN WITHDRAWN Planning Commission June 22, 2009 Page 7 of 12 RZN 09-3318: (HAPPY HOLLOW SCHOOL / CROSSOVER RD., 527): Submitted by CRAFTON, TULL, SPARKS & ASSOC. for property located 0.50 MILES N OF HWY 16E, W OF CROSSOVER ROAD, NE OF HAPPY HOLLOW SCHOOL. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 32.53 acres. The request is to rezone the subject property to P-1, Institutional. Andrew Garner, Senior Planner gave the staff report discussing the request for P-1 zoning to accommodate the new Happy Hollow Elementary School. Finding the zoning is consistent with the adopted land use and zoning plans and compatible with the surrounding area, staff recommends approval. Daniel Ellis, applicant, stated that he was available for questions. No public comment was received. Commissioner Myres discussed that the request made sense and she agreed with staff that this was a straightforward request. Motion: Commissioner Myres made a motion to forward RZN 09-3318 with a recommendation of approval, Commissioner Zant seconded the motion. Upon roll call the motion to forward RZN 09-3318 with a recommendation of approval passed with a vote of 6-0-1 (Commissioner Kennedy recusing.) Planning Commission June 22, 2009 Page 8 of 12 RZN 09-3317: (WHITFIELD / CROSSOVER RD., 527): Submitted by CRAFTON, TULL, SPARKS & ASSOC. for property located APPROXIMATELY 0.50 MILES N OF HWY 16E, W OF CROSSOVER ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 9.31 acres. The request is to rezone the subject property to MSC, Main Street Center. Andrew Garner, Senior Planner, gave the staff report discussing that the subject property is adjacent to Crossover Road and is identified as a City Neighborhood Area on the Future Land Use Plan. The proposed Main Street Center classification is consistent with the designation of the site as a City Neighborhood Area and also appropriate given the location of this site along a busy Principal Arterial roadway. Staff recommends in favor of the rezoning as discussed in the findings in the staff report. Hugh Jarratt, applicant, discussed that the Lindsey Company represents this item and is only involved as the seller/broker and has no interest in the property. Jeff Earf, 2711 Woodcliff Road, discussed opposition to the proposed rezoning as it would allow the creep of commercial north along Crossover. This would just be the beginning of commercial. He is not that familiar with the Main Street Center zoning but has concern with a strip center commercial, and that there is enough commercial property in the area. No more public comment was received. Commissioner Trumbo asked staff about the Main Street Center zoning. Garner explained that it was a form -based zoning that requires the buildings to be placed in a build -to zone close to the street and permits multiple uses, as opposed to a 50 -foot building setback with a large parking lot in front that allows only commercial uses, that is dictated by the City's other typical commercial zonings. This is a policy change that was enacted by City Council as part of the adoption of City Plan 2025 in an effort to discourage suburban sprawl and encourage traditional town form. Commissioner Zant asked about the volume of traffic, and discussed that with the high number of vehicles on Crossover the existing RSF-4 zoning adjacent to the road is not appropriate. Commissioner Trumbo stated agreement with Commissioner Zant about the feasibility of single family residential on this site. Commissioner Lack agreed with the other commissioners that there is a low chance for successful single family development on this property. The zoning does not agree with the need. He discussed that he was glad to see the Main Street Center outside of the downtown area. A commercial zoning is appropriate on this site. Motion: Commissioner Lack made a motion to forward with a recommendation of approval. Commissioner Zant seconded the motion. Upon roll call the motion passed with a vote of 6-0-1 (Commissioner Kennedy recusing.) Planning Commission June 22, 2009 Page 9 of 12 R-PZD 09-3237: (MARKHAM HILL COTTAGE COURTS, 520): Submitted by ROBERT SHARP for property located at THE NW CORNER OF CROSS & MAINE WEST TO SANG AVENUE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT AND RMF -24, RESIDENTIAL MULTI -FAMILY 24 UNITS PER ACRE, and contains approximately 2.65 acres. The request is for Zoning, Land Use and Development approval of a Residential Planned Zoning District with 18 single and 13 two-family residences. Andrew Garner, Senior Planner, gave the staff report explaining the background of the project and the previous Markham Hill Cottage Courts R-PZD that was approved on the site last year and the proposed modifications to the design and the current application now before the commission. Gamer discussed the cluster design concept for small detached cottages and the number of variances being requested. Finding the proposed R-PZD is compatible with the surrounding neighborhood and consistent with the adopted land use plans and policies, staff recommends forwarding this to the City Council with a recommendation for approval. Rob Sharp, applicant, discussed the improvements to the corner of Cross and Maine that would result with this project. He discussed the variance request for the intersection design that staff is not in favor of, discussing that they feel their proposal is safer, and provides better pedestrian site lines. No public comment was received. Commissioner Lack asked about gravel in the motor courts and dust generation. Jeremy Pate, Director of Development Services, discussed that the size and number of motor courts is small and would limit dust. In addition, the motor courts would be utilized at low speed and a low volume of traffic and dust should not be a concern. Commissioner Lack discussed appreciation for the applicant offering a bond for the paving of the motor courts. Regarding the variance request discussed in condition 2.c., he appreciates the different sketches and different alternatives presented. He agrees with staff's proposed option finding that the reduced width of street crossing will make it safer. Commissioner Winston discussed any issues with large vehicles accessing the intersection with the staff's recommended option. Glenn Newman, Staff Engineer, stated that the effective turning radius in both options is similar and would not affect emergency or large vehicles accessing the intersection. Rob Sharp, applicant, stated confirmation that they are not arguing any issues with large vehicles accessing the site under either option. Planning Commission June 22, 2009 Page 10 of 12 Brian Teague, project engineer, discussed several factors they considered in their proposed design. One factor, concerning staff's recommendation of the 20 -foot turning radius, makes vehicular access a little more difficult. Pedestrian factors that were considered included the crossing distance, agreeing that staff's recommended option reduces the crossing distance; however, the view angle for pedestrians on the applicant's proposal is increased. We feel that our proposed option is safer for younger people than the city's proposed alternative. Commissioner Winston discussed that he like staff's version better because of the shorter pedestrian crossing distance and better protection for the trees. He discussed that he really likes the project and that we need more of this type of housing. Motion: Commissioner Winston made a motion to forward with a recommendation of approval. Commissioner Zant seconded the motion. Upon roll call the motion passed with a vote of 6-0-1 (Commissioner Trumbo recusing.) ADM 09-3288: (UDC AMENDMENT §163.15 TRANSIT SYSTEM SHELTERS): Submitted by Planning Commission June 22, 2009 Page 11 of 12 Planning Staff, the request is to amend Unified Development Code § 163.15 Transit System Shelters to clarify the allowance of transit system shelters within Master Street Plan right-of-way and building setback areas, and to allow administrative approval for transit benches. Leif Olson, Long Range Planner, gave the staff report discussing the background for Ozark Regional Transit having received 2009 stimulus funding for transit shelters and benches. He discussed lighting requirements for transit shelters and conditional use permits to locate shelters. This ordinance also allows shelters within the master street plan right-of-way and allows staff to approve benches administratively. No public comment was received. Commissioner Lack stated that this was a very clear bit of clean up to the code. He discussed concerns under item 3.b. with accepting liability of not allowing lighting in certain areas around transit shelters. Olson explained that an existing street light can be sufficient and added that they can change the language to "may" to address those concerns. Commissioner Kennedy asked about lighting on private property and discussed the situation where a light on a parking lot next to a transit shelter went out. Jeremy Pate, Director of Development Services, stated that city street lights are anticipated to be sufficient. Motion: Commissioner Lack made a motion to forward this item to the full City Council with a recommendation for approval. Commissioner Myres seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission June 22, 2009 Page 12 of 12 ADM 09-3332: (URBAN RESIDENTIAL DESIGN STANDARDS): Submitted by Planning Staff, the request is to amend Chapter 166.23 Urban Residential Design Standards in order to clarify parking lot location standards. STAFF REOUESTS THIS ITEM BE TABLED TO THE JULY 13, 2009 PLANNING COMMISSION MEETING TO ALLOW FURTHER RESEARCH. Motion: Commissioner Zant made a motion to table this item to the July 13, 2009 Planning Commission meeting Commissioner Myres seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. There being no further business, the meeting was adjourned at 6:43 PM.