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HomeMy WebLinkAbout2009-09-14 MinutesPlanning Commission September 14, 2009 Page I of 14 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on September 14, 2009 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ACTION TAKEN MINUTES: August 24, 2009 Approved Page 3 ADM 09-3425: (CREEKSIDE, 360) Approved Page 3 ADM 09-3430: (WARD) Approved Page 4 CCP 09-3405: (ABSHIER HEIGHTS, 407) Approved Page 6 LSD 09-3402: (HAPPY HOLLOW SCHOOL, 527) Approved Page 7 CUP 09-3408: (TRINITY FELLOWSHIP CHURCH, 252) Approved Page 8 CUP 09-3407: (ARTS LIVE THEATRE / 818 SANG AVE, 442) Approved Page 9 CUP 09-3426: (YVONNE RICHARDSON COMMUNITY CENTER, 524) Approved Page 10 ANX 09-3409: (BROYLES / 3231 N. OLD WIRE RD, 217) Denied Page 11-14 RZN 09-3410: (BROYLES / 3231 N. OLD WIRE RD., 217): - Withdrawn Page 14 Planning Commission September 14, 2009 Page 2 of 14 MEMBERS PRESENT Craig Honchell Jeremy Kennedy Matthew Cabe James Graves Andy Lack Christine Myres (Absent for consent vote) Sean Trumbo Porter Winston Jim Zant STAFF PRESENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman CITY ATTORNEY: Kit Williams MEMBERS ABSENT 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. Planning Commission September 14, 2009 Page 3 of 14 Consent. Approval of the minutes from the August 24, 2009 Planning Commission meeting. ADM 09-3425: (CREEKSIDE, 360): Submitted by H2 ENGINEERING for property located at the SE CORNER OF MT. COMFORT AND BRIDGEPORT. The request is for a major modification to the approved Preliminary Plat, PPL 08-3086, Creekside, to allow phasing of the project. Motion: Commissioner Graves made a motion to approve the Consent Agenda. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission September 14, 2009 Page 4 of 14 New Business: ADM 09-3430: (WARD): Submitted by SANDRA AND BRADLEY WARD for property located at 1048 N. HAMESTRING ROAD. The request is for a variance from the driveway approach design requirements of Chapter 172.11(A) of the Unified Development Code. Dara Sanders, Current Planner, gave the staff report, recommending denial of the variance request, finding no extenuating circumstances. Jim Gallagher, applicant, stated that the applicant's property was annexed and became subject to City regulation by election not by choice. Mr. Gallagher described the surrounding land uses, including the gravel pit and other existing nonconforming properties in the surrounding area. No public comment was received. Commissioner Zant and Mr. Gallagher discussed the cost associated with the requirement to remove the existing nonconforming asphalt driveway with a new driveway approach that conforms to City standards. Commissioner Graves asked staff what would be considered extenuating circumstances in this situation. Jeremy Pate, Development Services Director, stated that staff has never received a variance from these requirements and that perhaps unimproved street frontage could be considered. Commissioner Graves asked the City Attorney if the Commission has the authority to vary the requirements when exemptions have not been written into the ordinance. Kit Williams, City Attorney, explained that rough proportionality could be a basis for consideration of an exemption. Commissioner Graves asked if staff has an understanding of the number of unpaved driveways in the area. Mr. Pate stated that the recently platted neighborhoods would have paved driveways in accordance with recent County standards. Commissioner Graves stated that he found extenuation circumstances and found in favor of the request. Commissioner Honchell stated his support for the request, finding extenuating circumstances. Commissioner Winston asked staff if the property could be further developed. Sanders stated that the size of the property under the current R -A zoning district would prohibit Planning Commission September 14, 2009 Page 5 of 14 further development on the property. Commissioner Zant stated, in light of the discussion of the Commission, his support of the request. Motion: Commissioner Graves made a motion to approval. Commissioner Lack seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. CCP 09-3405: (ABSHIER HEIGHTS, 407): Submitted by H2 ENGINEERING, INC. for property located at THE NW CORNER OF ABSHIER & HILLCREST. The property is zoned R-PZD, RESIDENTIAL Planning Commission September 14, 2009 Page 6 of 14 PLANNED ZONING DISTRICT and contains approximately 4.12 acres. The request is for review of a concurrent plat to create individual lots for the previously approved 24 dwelling units. Jesse Fulcher, Current Planner, gave the staff report and described the increased parks fees, which required a recommendation by the Planning Commission. Kip Hearne, applicant, stated that there was no change in the development or demographic. The current policy by the Parks Department is to consider townhouses as single-family, but the Planning Department classifies the use as multi -family. Commissioner Zant asked if the applicant was aware of the in -lieu fees when they brought the development through in 2006. Hearne stated yes. Zant stated that the applicant opted to pay money in -lieu rather than dedicate land. Hearne stated that the Parks Recreation Advisory Board makes a recommendation regarding land dedication or money in -lieu. Zant sated that he agrees with the Parks determination of the fee increase. Jeremy Pate, Development Services Director, stated that the fees have been consistently applied to townhouses. Motion: Commissioner Winston made a motion to approve the request with a staff s recommendation. Commissioner Zant seconded the motion. Upon roll call the motion passed with a vote of 8-1-0. LSD 09-3402: (HAPPY HOLLOW SCHOOL, 527): Submitted by CRAFTON, TULL, SPARKS & ASSOCIATES for property located at CROSSOVER ROAD, HWY 265,1/2 MILE N OF HUNTSVILLE Planning Commission September 14, 2009 Page 7 of 14 ROAD. The property is zoned P-1, INSTITUTIONAL, and contains approximately 32.53 acres. The request is for a 75,226 s.f elementary school. Dara Sanders, Current Planner, read the staff report recommending approval of the request and an assessment for aproportional contribution to the future installation of a traffic signal at this location. Daniel Ellis, applicant, agreed to the conditions of approval. Commissioner Lack questioned the safety of the retention pond that was labeled as a "detention pond" on the submitted plans and recommended fencing to limit access. Commissioner Lack, Mr. Ellis, and Jeremy Pate, Development Services Director, discussed the ordinance requirements for fencing detention ponds. Commissioner Lack directed staff to review the ordinance for possible improvements for safety reasons. Motion: Commissioner Graves made a motion to approve the request with a staff's recommendation. Commissioner Lack seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. CUP 09-3408: (TRINITY FELLOWSHIP CHURCH, 252): Submitted by GARVER ENGINEERS for property located at 1100 ROLLING HILLS DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 3.48 acres. The request is for additional parking for the existing Planning Commission September 14, 2009 Page 8 of 14 church. Andrew Garner, Senior Planner, gave the staff report describing the background for this project with the church being destroyed by a fire and rebuilt within the last few years. The applicant proposes to expand the parking lot from 141 to 235 spaces. As the property is zoned RSF-4 andR-0 a conditional use permit is required. Staff recommends in favor of the request finding the expansion of the use is compatible with surrounding land uses and the expansion of the parking lot would not cause any adverse impacts. Jeff Webb, applicant, stated agreement with the conditions of approval. Motion: Commissioner Lack made a motion to approve the request with staff's recommendation, finding in favor of compatibility on Condition No. 1. Commissioner Myres seconded the motion. Upon roll call the motion passed with a vote of 8-1-0 (commissioner Cabe voting "no".) CUP 09-3407: (ARTS LIVE THEATRE / 818 SANG AVE, 442): Submitted by ARTS LIVE THEATRE for property located at 818 N. SANG AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE, and contains approximately 0.46 acres. The request is for a children's arts facility. Planning Commission September 14, 2009 Page 9 of 14 Jesse Fulcher, Current Planner, and described the request and the past use of the City owned building for various community organizations. Mark Smith, applicant, stated that they have outgrown their current space and hope to be able to utilize this property for Arts Live Theatre. There was no public comment. Motion: Commissioner Cabe made a motion to approve the request with staff's recommendation. Commissioner Graves seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. CUP 09-3426: (YVONNE RICHARDSON COMMUNITY CENTER, 524): Submitted by the CITY OF FAYETTEVILLE for property located at 240 E. ROCK STREET. The Property Is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approx 1.94 acres. The request is to allow for a reduction in the number of parking spaces required by Chapter 172, Parking. Planning Commission September 14, 2009 Page 10 of 14 Dara Sanders, Current Planner, read the staff report and recommended approval of the request, finding that additional storage space included in the g.f.a. would not increase traffic to or the parking needs of the existing community center. Carole Jones, applicant, described the project. There was no public comment. Commissioner Cabe stated that he is a neighbor of the YRCC and that parking has never been an issue. Motion: Commissioner Cabe made a motion to approve the request with staff's recommendation. Commissioner Myres seconded the motion. Upon roll call the motion passed with a vote of 9-0- 0. ANX 09-3409: (BROYLES / 3231 N. OLD WIRE RD., 217): Submitted by APPIAN CENTER FOR DESIGN for property located at 3231 N. OLD WIRE ROAD, NW CORNER OF OLD WIRE ROAD AND ROM ORCHARD ROAD. The property is in the Planning Area and contains approximately 39.33 acres. The request is to annex the subject property into the City of Fayetteville. Planning Commission September 14, 2009 Page 11 of 14 Andrew Garner, Senior Planner, gave the staff report giving the background for the previous annexation requests for this property. Gamer summarized the annexation findings, discussing that this property and the vicinity is not urban in character or able to be developed at urban densities, and would extend a peninsula of City property approximately 1,300 feet into the County. He discussed the public service challenges of this site as it is located approximately 2,500 feet from the nearest sewer line, and approximately the same distance for water lines in order to ensure adequate fire flow for any development, and the configuration of the property line may cause confusion among emergency responders as one side of the road would be in the City and one side would be in the County. He also discussed that this application is in conflict with the two primary goals of City Plan 2025 to make infill and revitalization our highest priorities, and to discourage suburban sprawl. Staff recommends denial of the application. Hank Broyles, applicant, stated that they are a new applicant. They have taken steps to smooth out the borders of the proposed annexation boundary and added additional property owners to the annexation. He discussed that if this annexation is approved they will propose an R-PZD for development, including a master plan extending all the way to Highway 265. Highway 265 is the major north -south transportation corridor on the east side of Fayetteville. State Highway 265 is only three blocks to the west, the City is investing 7.7 million dollars on State Highway 265 in this vicinity, and we can't expect there not to be any development in this area. Most of the new development in recent years has taken place west of I-540. However, many people work on Joyce, and there are other major commercial zones in close proximity. We should have additional housing on the east side of town to have people be able to live closer to where they work. We need additional housing on this side of town. Infill is very difficult to make work. He discussed that City Plan 2025 encourages infill but that according to a search by Bassett -Mix Realty of this area of town, from Joyce to Lafayette, east of College to Highway 265, there were only four listings of two or more acres. Prices ranged from $110,000 per acre to $900,000 per acre. This is a piece of property, partially in the City limits, not on a mountain, few adjacent property owners, three blocks from the major north -south transportation corridor on the east side of Fayetteville. Todd Jacobs, applicant, gave a PowerPoint presentation. He discussed the land use setting, that areas east of Hwy 265 are rural in nature, and yet the site is only three blocks from Crossover Road. He discussed the lack of opportunity for infill development in this area, due to existing development patterns and slopes to the west of Hwy 265. He went over historical growth patterns in this area, showing areas of single and multi -family development. Historical development patterns follow transportation corridors. The area east of Hwy 265 has development potential because of lack of slopes and streams, floodplains. This is an opportunity to master plan this area for development. He discussed developable land on this side of town and discussed that the east side of Crossover is more developable than the west side, which has hills, creeks, and existing development. He discussed that this site was identified by citizens as a Growth Sector during the City Plan 2025 Charettes. Joyce Blvd. has started to become a financial center. Development will fill in along the east side of Crossover over time. He showed and discussed various exhibits of developable areas including slopes, existing development, and floodplain in the area. This site does not have those constraints. He reviewed the existing City limits and how they feel the area around this site will fill in over time. This area is prime for a City neighborhood area in a traditional town form. He discussed that our vision is a master plan for this area. Public Comment: Peggy Hart, representing her parents, Lyle and Charlene Smith who live on Rom Orchard, questioned the rationale behind this. This location is nice because it is out in the country but ten minutes from downtown. Why would you want to add houses on curvy roads with no sidewalks? Houses are generally on three -acre lots. It is already congested in this area at Old Wire/Crossover. We currently have undeveloped subdivisions Planning Commission September 14, 2009 Page 12 of 14 on Skillern and Township. She is recommending denial. Colleen Gaston, 3270 Rom Orchard Road, can see the property from her front porch. She is opposed to the rezoning anything less than Residential Agricultural. She thinks the annexation is premature. The comments from the developer about the development along the east side of Crossover are somewhat speculative. The applicant mentioned 200 acres but they are only annexing 40 acres. There is not reason to bring this into the City. There are several subdivisions in the City limits in this area of town that are vacant, very close to this area. Maybe the time will come to master plan for this area; however, this has been a very stable area, stayed rural in nature. She stated a general disinterest in development and annexation at this time. Terry Payton has nine acres and is concerned with the rezoning application. But he agrees with the general disinterest in development and annexation and cited concerns with traffic congestion. Jeff Dangeau, 3284 Rom Orchard Road, adjacent neighbor to the east across Old Wire Road, stated concerns with a rezoning of the property, not an annexation. Public Comment Closed Commissioner Myres discussed that she agrees with staff's findings to recommend denial. Commissioner Zant said that in his past experience in other cities, annexations were based on a guess of whether or not the annexation would benefit the City. We are fortunate here that the City of Fayetteville has a number of annexation policies and guidelines that are to be analyzed when making a decision. There would be a significant investment to meet the sewer requirement. As discussed by staff this application does not meet the adopted annexation policies and based on those findings he recommends denial. Commissioner Graves discussed that he was on the planning commission when this application came through in previous years. Things have changed over the past 5-6 years. He looked at the old minutes and would still have concern with RSF-4 zoning today, similar to the past applications. However with the annexation, we previously had concerns with fire response that have been addressed now. The fire department now has a new station with a response time of four minutes to this property. He discussed that he would like to see more acreage involved in this annexation, to clean up the boundary. He mentioned the tail off of Skillern Road, not exactly clear how this came to be. This annexation is perhaps an opportunity to start to even up the eastern City boundary. This would leave a gap between this property and the tail off of Skillern Road. This does create a peninsula, but that is just one guideline, and these are just guidelines. He doesn't have as many qualms with this annexation that he had in previous years, now that the police and fire responses are better as opposed to 2005/2006. Development can make the roads better. I would be supportive of bringing it in and letting it be rezoned R -A, and seeing what the applicant proposes as a later time. He is okay with a Residential/Agricultural zoning on the property at this time. Commissioner Winston asked about the issue of one side of the road being in the City and one side of the road being in the County. Jeremy Pate, Development Services Director, discussed the potential problems that may occur if a vehicular accident or other emergency occurred on this road, and issues with which emergency responder should be called, Fayetteville Police versus Washington County Sheriffs, which was cited as a difficultly by the Police Department. He discussed the past annexations when the City annexed islands of unincorporated property that were surrounded by City property to correct this issue. Commissioner Winston asked about Bridgewater Road, when it would be constructed Planning Commission September 14, 2009 Page 13 of 14 Pate responded that it was just a line on the Master Street Plan map at this point, and would be constructed by the developer at the time of development. Commissioner Winston asked about the improvements to Crossover Road, and if any improvements would be made to the intersection of Crossover Road/Old Wire Road. Pate discussed that Crossover is a state highway and the improvements are a state highway project and in our transportation bond program, with the City having committed 7.7 million dollars to the project. However, the costs for the project have risen since the 7.7 million dollars were committed. The project is eminent and right- of-way is being obtained. Pate discussed that he is not sure about details of the planned improvements to Crossover Road/Old Wire Road, but anticipates that intersection would be improved. Commissioner Winston asked about the City's responsibility to this property if it is annexed. Pate responded that we have to provide emergency response and trash service immediately, and access for connection to City water and sewer. In almost every annexation application, there is some sort of development pressure, and the development would result in the required extensions or improvements to water and sewer. Commissioner Winston discussed that there is a multi -use trail shown along Skillern Road, although the transportation plans show many trails outside the City. It seems like it may be appropriate now and will be appropriate in the future. Commissioner Zant normally wouldn't have any problem with any annexation, but he doesn't see any rationale for the application at this time. Ultimately this property will be annexed. But the findings all lead to a recommendation for denial at this time and I feel strongly that it should be denied at this time. Motion: Commissioner Myres made a motion to deny the request. Commissioner Zant seconded the motion. Upon roll call the motion to deny passed with a vote of 5-4-0 (commissioners Graves, Winston, Kennedy, and Trumbo voting "no"). RZN 09-3410: (BROYLES / 3231 N. OLD WIRE RD., 217): Submitted by TODD JACOBS for property located at 3231 N. OLD WIRE ROAD, NW CORNER OLD WIRE ROAD AND ROM ORCHARD ROAD. The property contains approximately 39.33 acres. The request is to rezone the subject property to RSF-4, RESIDENTIAL SINGLE FAMILY 4 UNITS PER ACRE. THIS ITEM WAS WITHDRAWN BY APPLICANT Planning Commission September 14, 2009 Page 14 of 14 There being no further business, the meeting was adjourned at 7:23 PM.