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HomeMy WebLinkAbout2009-07-27 MinutesPlanning Commission July 27, 2009 Page I of 6 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on July 27, 2009 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ACTION TAKEN MINUTES: July 13, 2009 Approved Page 2 LSP 09-3360: (SUE FROUD / 4863 S. DARR-ELL LN., 875) Approved Page 2 RZN 09-3344: (MADEWELL / E. HUNTSVILLE, 529) Forwarded Page 3 CUP 09-3341: (PATHWAY BAPTIST CHURCH, 443) Denied Page 4 MEMBERS PRESENT Craig HonchelI Jeremy Kennedy Matthew Cabe James Graves Andy Lack Christine Myres Porter Winston Jim Zant STAFF PRESENT Jeremy Pate Andrew Garner Dara Sanders CITY ATTORNEY: Kit Williams MEMBERS ABSENT Sean Trumbo STAFF ABSENT Jesse Fulcher Glenn Newman Planning Commission July 27, 2009 Page 2 of 6 5:30 PM - Planning Commission Vice Chair Andy Lack called the meeting to order. Commissioner Lack 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 Trumbo. Consent: Approval of the minutes from the July 13, 2009 Planning Commission meeting. LSP 09-3360: (SUE FROUD / 4863 S. DARRELL LN, 875): Submitted by ALAN REID for property located at W OF 4863 S. DARRELL LANE, N OF LEE FROUD ROAD. The property is in the Planning Area and contains approximately 160.00 acres. The request is to divide the subject property into two tracts of 155.00 and 5.00 acres. 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 8-0-0. Unfinished Business: Planning Commission July 27, 2009 Page 3 of 6 3. 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 NC, Neighborhood Conservation. Dara Sanders, Current Planner, gave the staff report, explaining that the applicant has coordinated with staff since the item was tabled at the July 13th Planning Commission meeting in order to revise the request to rezone the subject property from RSF-4 to NC, Neighborhood Conservation, which will preserve the residential nature of the property and neighborhood but allow for low intensity non residential uses by Planning Commission approval of a conditional use permit. Eric Heller, applicant, stated that he was here for questions. No public comment was received. Commissioner Zant expressed support for the applicant's revised request. 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 8-0- 0. Planning Commission July 27, 2009 Page 4 of 6 New Business: CUP 09-3341: (PATHWAY BAPTIST CHURCH, 443): Submitted by JEREMY FLANAGAN, PATHWAY BAPTIST CHURCH for property located at 1338 W. CLEVELAND STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 2.00 acres. The request is for a conditional use permit to allow church use in the RSF-4 zoning district. Andrew Garner, Senior Planner, gave the staff report discussing the surrounding land uses and the neighborhood adjacent to the university and a single family neighborhood. Finding the use appropriate and compatible staff recommends approval. Jeremy Flanagan, applicant, described the project and discussed the background with the church trying to find property near the campus. He was not aware that this use would bring up this much opposition, the main thing they desire is the weekly lunch. Public Comment. Archie Schaffer, 1404 W. Cleveland, opposes the conditional use permit. He is concerned with impact to the neighborhood adversely. Encroachment of any organized non-residential activity into this neighborhood is not desired. Tim Kraig, 1777 W. Cleveland, opposes the conditional use permit. This use would help result in the death of the neighborhood. The neighborhood is under attack by rentals. This type of use discourages people from moving into the neighborhood. This conditional use permit would result in fewer children for Leverett Elementary down the street. There are other options including student facilities on the University of Arkansas campus and Leverett Elementary. David Williams, 547 Gray, stated opposition to the conditional use permit. He has no problem with the ministry but this is a neighborhood issue. He discussed the intent of the RSF-4 zoning district and that this use does not meet that intent. The risks outweigh the benefits. Diane Bacon, Sunset Drive, stated opposition to the conditional use permit discussing issues with students parking on the Sunset, concerns about where the students for this use would park. She discussed the precedent of this use being established at this location. Butch Coger, Warren Circle, discussed opposition to the conditional use permit. He discussed neighborhoods in the area being eroded and the transition of rentals near the university. He discussed concerns with the enforcement of the conditions of approval. How will they keep count of events? Public Comment was Closed. Commissioner Graves discussed the Temple Shalom on Rockwood Trail and the reasons he recommended denial for that application including traffic safety are similar to this application. He also discussed that a number of neighbors are opposed to the application which indicate compatibility issues. His real concern is traffic and he will not be supporting the application. Planning Commission July 27, 2009 Page 5 of 6 Commissioner Zant asked about when the church started using this property, what the nature of the ministry was, and if they had looked at utilizing existing commercial structures. Flannigan described the background of when they started leasing the property, that they had looked at commercial property but that none were available, and that their ministry at this house was a small student ministry, similar to others. Commissioner Kennedy asked what was allowed in the RSF-4 zoning district, and what activities in this application were allowed by right. Pate discussed that many of the uses proposed would be allowed by right. However, he discussed that since many of these activities will be organized by a church and will actively inviting people to attend events, it is required to obtain a conditional use permit. Commissioner Winston asked about registering the number of events. Pate discussed that the applicant could be required to register events with the Planning Division. Commissioner Winston discussed that the neighbors have worked to keep the neighborhood residential and he is not in support of the application. He also discussed that if this is denied and appealed to Council that he would recommend some additional conditions of approval. Motion #1: Commissioner Winston made a motion to add Condition of Approval #5 to require a pedestrian crossing or stop signs at the intersection of Cleveland/Razorback. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-1-0 with Graves voting no. Pate discussed that the neighborhood has been studied by the City and recommended for a three- way stop at the intersection of Cleveland/Razorback. This issue will be discussed at the Street Committee tomorrow. Commissioner Lack discussed that since this has already been studied and determined necessary, does the motioner still feel it is warranted by this development? Commissioner Winston withdrew his motion. Motion #2: Commissioner Winston made a motion to add a new Condition of Approval #5 stating that the applicant shall replace the driveway approach in accordance with the city's construction standards. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 6-2-0 with Graves and Zant voting no. Motion #3 Planning Commission July 27, 2009 Page 6 of 6 Commissioner Winston made a motion to add a new Condition of Approval #6 stating that the applicant shall obtain a survey of the western property line and install treated 6 x 6's from the north end of the approach to the north end of the property line between 1338 and 1400 Cleveland in the same manner as is constructed at 1300 Cleveland. Also: all four parking spaces must be physically defined by a border separating the parking area from the landscaped area. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 6-2-0 with Graves and Zant voting no. Commissioner Zant discussed that the UA puts market pressure on surrounding neighborhoods. There is a transition of uses from the university and it is normal progress. Commissioner Myres discussed that she is not in support of this application and is concerned with violations of the CUP and that burden being placed on residents. Commissioner Cabe discussed lack of compatibility of this use with the neighborhood and that he is willing to stop the flow of UA students into this neighborhood. Commissioner Lack discussed that this neighborhood is not just single family and that the frat house and university are a part of the neighborhood. This neighborhood has mixed character. This use would blend well with the university and I am in support. Motion #4 Commissioner Graves made a motion to deny the Conditional Use Permit request. Commissioner Winston seconded the motion. Upon roll call the motion was denied with a vote of 5-3-0, with Kennedy, Lack and Zant voting no. There being no further business, the meeting was adjourned at 6:34 PM.