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HomeMy WebLinkAbout2009-07-13 MinutesPlanning Commission July 13, 2009 Page I of 13 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on July 13, 2009 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ACTION TAKEN MINUTES: JUNE 22, 2009 Approved Page 3 ADM 09-3351: (BANK OF THE OZARKS 2nd EXTENSION, 174) Approved Page 3 ADM 09-3362: (LOVING CHOICES, 522) Approved Page 4 ADM 09-3366: (ABSHIER HEIGHTS, 407) Forwarded Page 5 CUP 09-3350: (DOC MASHBURN PARK, 565) Approved Page 6 LSD 09-3339: (DOC MASHBURN PARK, 565) Approved Page 6 PPL 09-3316: (AMBERWOOD PLACE R-PZD, 474/475) Approved Page 7 CUP 09-3342: (K. VERDECIA / FAIRFAX STREET, 362) Approved Page 8 CUP 09-3343: (ROBINSON / E. JOYCE / VENDOR, 177) Approved Page 9 RZN 09-3344: (MADEWELL/E.HUNTSVILLE, 529) Tabled Page 10 ADM 09-3332: (URBAN RESIDENTIAL DESIGN STANDARDS) Forwarded Page 12 ADM 09-3345: (UDC AMENDMENTS) Forwarded Page 13 Planning Commission July 13, 2009 Page 2 of 13 MEMBERS PRESENT Craig Honchell Jeremy Kennedy Matthew Cabe James Graves Sean Trumbo Porter Winston Jim Zant STAFF PRESENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman CITY ATTORNEY: Kit Williams MEMBERS ABSENT Andy Lack Christine Myres STAFF ABSENT 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 Lack and Commissioner Myres. Planning Commission July 13, 2009 Page 3 of 13 Consent: Approval of the minutes from the June 22, 2009 Planning Commission meeting. ADM 09-3351: (BANK OF THE OZARKS 2"d EXTENSION, 174): Submitted by CRAFTON, TULL, SPARKS & ASSOCIATES. The request is for a second extension of the approved Large Scale Development, LSD 07-2584. Motion: Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Graves seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. New Business: Planning Commission July 13, 2009 Page 4 of 13 ADM 09-3362: (LOVING CHOICES, 522): Submitted by LOVING CHOICES PREGNANCY CENTERS for property located at 275 S. DUNCAN AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI -FAMILY 40 UNITS PER ACRE. The request is for a modification to a condition of approval to the Conditional Use Permit, CUP 07-2420 Loving Choices, regarding hours of operation. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF THE APPLICANT. Dara Sanders, Current Planner, gave the staff report, describing the request to amend the hours of operation restrictions associated with the Conditional Use Permit and recommending approval of revised hours of operation Monday through Friday no earlier than 7:00 AM and no later than 6:00 PM and small group and one-on-one sessions on the weekends due to the primarily residential use surrounding the subject property. Caroline Rhoads, the applicant, asked the Commission to consider no restriction on hours of operation. Commissioner Zant and staff discussed the change in hours of operation listed in the staff report and those now recommended by staff. Commissioners Cabe and Winston discussed the surrounding uses (a church across the street and the Fayetteville High School) and those hours of operation. No public comment was received. Motion: Commissioner Winston made a motion to approve the request with an amendment to condition of approval #2: 5:00 p.m. on weekends and 7:00 a.m.-9:00 p.m. on weekdays. Commissioner Zant seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. ADM 09-3366: (ABSHIER HEIGHTS, 407): Submitted by H2 ENGINEERING, INC. for property located at THE NORTHWEST CORNER OF ABSHIER DR. AND HILLCREST AVE. The property is zoned R-PZD 06-1883 RESIDENTIAL -PLANNED ZONING DISTRICT, Planning Commission July 13, 2009 Page 5 of 13 ABSHIER HEIGHTS and contains approximately 4.11 acres. The request is to create zoning criteria to allow the condominium units to be sold as townhouses. No additional units are proposed. Jesse Fulcher, Current Planner, gave the staff report, describing the owners desire to allow the units to be sold as townhouses instead of condominiums. The proposed changes would allow that to occur. Kipp Hearn, applicant, stated that he was here for questions. No public comment was received. Motion: Commissioner Cabe made a motion to forward the request with a recommendation of approval. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission July 13, 2009 Page 6 of 13 CUP 09-3350: (DOC MASHBURN PARK, 565): Submitted by CITY OF FAYETTEVILLE PARKS DIVISION for property located at 1582 FAIRLANE STREET. The property is zoned P-1, INSTITUTIONAL and contains approximately 1.34 acres. The request is for a reduction in off-street parking. LSD 09-3339: (DOC MASHBURN PARK, 565): Submitted by CITY OF FAYETTEVILLE PARKS DIVISION for property located at 1582 FAIRLANE STREET. The property is zoned P-1, INSTITUTIONAL and contains approximately 1.34 acres. The request is to construct a City of Fayetteville park on the subject property. Dara Sanders, Current Planner, gave the staff report and recommended approval of both requests. Carole Jones, applicant, described the project and agreed to the conditions of approval. No public comment was received. Motion: Commissioner Graves made a motion to approve the Conditional Use Permit request. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7- 0-0. Commissioner Graves made a motion to approve the Large Scale Development request. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7- 0-0. Planning Commission July 13, 2009 Page 7 of 13 PPL 09-3316: (AMBERWOOD PLACE R-PZD, 474/475): Submitted by JUSTIN JORGENSEN for property located S OF DOT TIPTON RD AND E OF DOUBLE SPRINGS RD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 39.98 acres. The request is for preliminary plat approval of a subdivision with 145 residential units. Andrew Garner, Senior Planner, gave the background of the Amberwood R-PZD approval earlier this year and discussed that the applicant is now requesting preliminary plat approval. He discussed that Private Drive No. 8 has been slightly modified and the PZD will be required to be modified by City Council prior to approval of the preliminary plat in the current configuration. Justin Jorgensen, applicant, discussed agreement with all conditions of approval except for the street improvement recommendation and they will bring that issue up with City Council. No public comment was received. Commissioner Honchell asked whether the subdivision had 144 or 145 lots. Justin Jorgensen, applicant, answered 144 lots, and explained that, with the reconfiguration of Private Drive No. 8, they lost one lot. Jeremy Pate, Development Services Director, discussed that the Planning Commission does need to make a determination on the street improvements, even if the applicant will appeal it to City Council. Charlie Sloan, developer, discussed that a year and a half ago they brought this before the Street Committee who made a recommendation that the City pave Dot Tipton Road upon payment of S 150,000 from the developer. Commissioner Graves discussed that the street improvement condition is straight from the PZD and the Subdivision Committee recommended in favor and if the applicant wishes to appeal the City Council can discuss the potential for a cost share or the City's involvement in the street improvements. Motion: Commissioner Graves made a motion to approve the request. Commissioner Kennedy seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission July 13, 2009 Page 8 of 13 CUP 09-3342: (K. VERDECIA / FAIRFAX STREET, 362): Submitted by KRISTY VERDECIA for property located at 3352 W. FAIRFAX STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.22 acres. The request is for an in-home daycare. Dara Sanders, Current Planner, gave the staff report and recommended approval of the request with conditions. Kristy Verdecia, applicant, offered to answer any questions. No public comment was received. Motion: Commissioner Winston made a motion to approve the request. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission July 13, 2009 Page 9 of 13 CUP 09-3343: (ROBINSON / E. JOYCE / VENDOR, 177): Submitted by JIM ROBINSON for property located at 2999 E. JOYCE BOULEVARD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 5.65 acres. The request is for temporary seasonal fruit and vegetable vendor in the R -O zoning district. Jesse Fulcher, Current Planner, gave the staff report stating that staff was supportive of the request, and did not recommend money in -lieu of sidewalk installation, due to the limited amount of time that this use would be on the property. Jim Robinson, applicant, stated that he would not be operating on Wednesday or Sunday. Bill Kiser, public, stated that the location is very handy. Steven Brooks, Soul Restaurant, stated that he buys his produce there for his business, great to have. Cindy Knox, property owner, stated that the produce stand was great to have in NE Fayetteville. Commissioner Trumbo asked staff to address the 90 day restriction. Jeremy Pate, Development Service Director, stated that the Planning Commission could allow the 90 days to be used over a one-year period since the use of the property is not continuous. Motion: Commissioner Graves made a motion to approve the request. Commissioner Zant seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission July 13, 2009 Page 10 of 13 RZN 09-3344: (MADEWELL/E.HUNTSVILLE, 529): Submitted by ERIC HELLER for property located at 3695 E. HUNTSVILLE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.64 acres. The request is to rezone the subject property to R -O, Residential Office. Jesse Fulcher, Current Planner, gave the staff report stating that staff was not supportive of the rezoning, due to the location of the property, surrounding residential land uses, and the City Plan designation of the property for residential use. Eric Heller, applicant, stated that there were many reasons to approve the rezoning, including several non-residential uses in the area, water and sewer service availability, existing house is falling apart and a new building would be beneficial to the neighborhood. Tammy Madewell, applicant, stated that the old house has termites and mold and a new building would be beneficial. There is a Code Compliance sign in the yard currently and the house has been vacant for 10 years. Commissioner Zant asked how long the house has been vacant, if there were any current traffic counts in the area, when the last time the City's general plan had been updated and if an overlay of the area would be possible. Madewell stated that the house had been vacant for approximately 10 years. Fulcher stated that there were no current traffic counts in the area and that the general plan was updated in 2006. Jeremy Pate, Development Services Director, stated that there were no overlays for this area. Heller stated that the area would likely have four lanes. Commissioner Honchell asked about the plans for the property. Madewell stated that she planned on building a 1,200-1,600 sq. ft. office building. Commissioner Trumbo asked if a conditional use could be applied for. Pate stated that only a home occupation could be requested in the current zoning district. Commissioner Winston stated that he preferred a conditional use for an office use on this property, since it would provide more control and compatibility with surrounding properties. Pate stated that Neighborhood Conservation, or a multi -family zoning district could allow for professional offices with a conditional use application. Commissioner Trumbo stated that he couldn't support a rezoning request to residential office, but Planning Commission July 13, 2009 Page 11 of 13 could see an office use on the property. Motion: Commissioner Graves made a motion to table the request. Commissioner Zant seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission July 13, 2009 Page 12 of 13 ADM 09-3332: (URBAN RESIDENTIAL DESIGN STANDARDS): Submitted by City Planning Staff. The request is to amend Chapter 166.23 Urban Residential Design Standards in order to clarify parking lot location standards. Jesse Fulcher, Current Planner, gave the staff report describing the proposed changes to the ordinance. Commissioner Winston thanked staff for work. Motion: Commissioner Winston made a motion to approve the request. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission July 13, 2009 Page 13 of 13 ADM 09-3345: (UDC AMENDMENTS): Submitted by City Planning Staff. The request is to amend several chapters of the Unified Development Code for clarity and consistency in language, cross referencing, and other requirements. Dara Sanders, Current Planner, gave the staff report. No public comment was received. Motion: Commissioner Graves made a motion to forward the request with a recommendation of approval. Commissioner Cabe 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 7.15 PM.