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HomeMy WebLinkAbout2010-05-24 MinutesPlanning Commission May 24, 2010 Page I of 15 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on May 24, 2010 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED Consent. MINUTES: May 10, 2010 Page 3 Old Business: ADM 10-3533: (AARON WATSON, 323) Page 4 ADM 10-3559: (WEIR ROAD SUBDIVISION, 244) Page 5 ACTION TAKEN Approved Approved Approved ADM 10-3567: (UDC AMENDMENT CH. 171 STREETS AND SIDEWALKS) Page 8 Forwarded ADM 10-3583: (88 EAST FOURTH STREET, 523): Page 10 Withdrawn New Business: ADM 10-3584: (4618 NORTH COLLEGE AVENUE, 96) Page 11 Approved ADM 10-3585: (FIRST BAPTIST OF FAYETTEVILLE, 484) Page 12 Approved CUP 10-3562: (4476 NORTH WATERSIDE COURT, 96) Page 13 Approved CUP 10-3570: (40 E.CENTER STREET / DANCE HALL, 484) Page 14 Approved RZN 10-3566: (932 GARLAND / JORDAN HOLDINGS, 444) Page 15 Forwarded Planning Commission May 24, 2010 Page 2 of 15 MEMBERS PRESENT MEMBERS ABSENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston Matthew Cabe Andy Lack STAFF PRESENT STAFF ABSENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman CITY ATTORNEY Kit Williams, City Attorney 5:30 PM- Planning Commission Chair Andy Lack called the meeting to order. Commissioner Lack requested 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 Bunch and Honchell. Planning Commission May 24, 2010 Page 3 of 15 Consent: Approval of the minutes from the May 10, 2010 Planning Commission meeting. Motion: Commissioner Cabe made a motion to approve the Consent Agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission May 24, 2010 Page 4 of 15 Old Business: ADM 10-3533: (AARON WATSON, 323): Submitted by AARON WATSON for property located at the NORTHEAST CORNER OF MOUNT COMFORT AND SALEM ROADS. The request is for a variance of Fayetteville Unified Development Code Section 166.08 to permit a curb cut on Mount Comfort Road, a Minor Arterial. Andrew Garner, Senior Planner gave the staff report discussing the variance request and the background for the Transportation Bond Program project and the effects on this property. Staff recommends approval of the variance for the curb cut onto Mount Comfort with the closing of the existing curb cut on Salem Road. Aaron Watson, applicant, stated agreement with the recommendation by staff. Commissioner Earnest discussed that the proposed curb cut on Mount Comfort would increase the distance from the intersection by approximately 15 feet and that it would be a better situation. There was no public comment. Motion: Commissioner Cabe discussed that this was a difficult site. He made a motion to forward to City Council. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission May 24, 2010 Page 5 of 15 ADM 10-3559: (WEIR ROAD SUBDIVISION, 244): Submitted by HOMETOWN DEVELOPMENT. The property is located at the SOUTHEAST CORNER OF WEIR ROAD AND HUGHMONT ROAD and contains approximately 17.64 acres. The request is for an extension of the approval for PPL 06-2010, Preliminary Plat Weir Road Subdivision. Commissioner Earnest, read a statement about conflict of interest. John English, applicant, had no additional comments. Public comment: Sharon Green, member of the public, stated that the applicant provided reasons, but these are not good cause. She discussed the new contractor designing new septic systems, that a new engineer began work without approval, and that the quality of fill is an issue. The applicant can not finish this project in 6 months. Please deny this request. Garland Yell, neighbor, stated that this is not an appropriate use of the land. You have a chance to deny now. Charles Tillinson, member of the public, discussed that the west side of the property is eroding, and was caused by the dirt work on the site. There is standing water on the property. Corinda Car, member of the public, stated that the Commission should vote no. The applicant did not meet the approval date for Arkansas Health Department. Public comment was closed. Commissioner Winston asked how the road widening fit into the time line. English answered that the widening would occur during the paving of the roads. Commissioner Lack wanted to know about a date that was not met as far as the Washington County Health Department requirements. English replied that their letters of credit expired. The construction was stopped. His firm is working on a list of County conditions. Commissioner Lack asked about the fill dirt. What are the regulations? He also asked about the water problems. Glen Newman, Staff Engineer, stated that the contractor should remove the materials from the dirt during spreading. There has not been an inspection review in County. He said that he would like to see the area of concern mentioned for the erosion. The issues can be addressed with the grading permit. Planning Commission May 24, 2010 Page 6 of 15 Commissioner Earnest inquired about the review or approval status of the septic systems. Newman advised that this is a single collection system, not individual septic. Garner explained that the State Department of Health is required to sign the final plat. Chesser stated that he understands the concerns of the public, but the Commission is only reviewing the "good cause" portion of the code, not septic systems, etc. The applicant has met requirements and shown evidence of good cause. Commissioner Hoskins asked the applicant if the county has received the bonds. Does the bank they know about the 1 year limit? English explained that the financial institution needs to know that the project can go forward. Ed (unknown last name), Chambers Bank, stated that they are ready to provide the bond, and that they understand the 1 year limit. They are ready to finance. Chesser requested that they give the project 1 year from this meeting date. They have already been delayed one month. Winston commented that time limits are needed, so we need a high bar to grant the extension. They have good reasons for the delay, but maybe the first people involved left because they didn't believe in the project or maybe it wasn't the best idea. This project is suffering a slow death: He discussed that he feels this project is not worthy of an extension, the property is already in poor shape. Perhaps another project would be better. Motion #1: Commissioner Winston made a motion to deny the request. Chesser said that he was sympathetic to the neighbors, however the commission voted to approve a month ago and nothing has really changed since then. Commissioner Cabe seconded the motion to deny. Winston stated that when the commission looked at this it was on staffs findings. The Commission is making a judgment call on all information. I believe that they have had financial problems. Chesser discussed that he felt they have met criteria for an extension. Lack asked if the previous engineer's company still exists. English answered that they do not. The contractor and the engineer went out of business. Planning Commission May 24, 2010 Page 7 of 15 Upon roll call the motion to deny fails with a vote of 3-4-0 with Commissioners Lack, Earnest, Kennedy and Chesser voting "no." Motion #2: Commissioner Chesser made a motion to approve with the condition that the project will expire 1 year from this meeting (May 24, 2011) be amended to August 24, 2011. Earnest stated that he would be reluctant to go past 1 year; there needs to be an end. Kit Williams, City Attorney, added that 1 year is it. Chesser agreed to May 24, 2011. Commissioner Earnest seconded the motion. Upon roll call the motion to approve passed with a vote of 4-3-0 with Commissioners Hoskins, Winston and Cabe voting "no." ADM 10-3567: (UDC AMENDMENT CH. 171 STREETS AND SIDEWALKS): Submitted by Planning Commission May 24, 2010 Page 8 of 15 CITY PLANNING STAFF for revisions to the Fayetteville Unified Development Code, Chapter 171 Streets and Sidewalks. The proposed amendments will clarify the construction standards and practices for sidewalks and driveway approaches. Chris Brown, City Engineer, discussed the changes to the code that are being requested. Public Comment: Brian Teague, Community by Design, discussed City Plan 2025, the number of variances that are typically required to comply with the vision of the City. He discussed the 2 -foot setback of retaining wall from sidewalk. He discussed that historic neighborhoods have walls at the back of the sidewalk and we try to imitate those neighborhoods; another situation where we would want a wall at the back of sidewalk is where there is steep terrain and tree canopy that would require walls adjacent to the sidewalk to reduce additional grading. Public Comment was closed. Commissioner Chesser asked about the increased cost for a driveway to be constructed with the new proposed standards. Brown discussed that it will be increased, up to approximately $150 per driveway. Commissioner Chesser asked about shy distance. Brown explained the concept of shy distance. Commissioner Hoskins discussed other factors to be considered in placing a wall close to the sidewalk including sidewalk on the other side, utility encroachment. He agreed with Mr. Teague that small retaining walls should be allowed next to sidewalks. Commissioner Lack discussed shy space. He also agrees that low walls should be allowed next to sidewalk. He discussed his recommendations on the concrete specifications. Commissioner Winston discussed that under some kinds of conditions certain variances may be granted. Commissioner Lack proposed that the shy distance be moved in one foot from what staff proposes, for walls less than 3.5 feet high. Brown discussed the two separate functions of the concrete specifications: tensile strength to hold it together when it does crack, and the 6 -inch provides more protection than 4 -inch for cracks. Commissioner Hoskins asked about an inspection of the driveway area before it is poured. Brown discussed that a visual inspection by the City is conducted, but it is not a detailed inspection or Planning Commission May 24, 2010 Page 9 of 15 soil test. Commissioner Cabe discussed shy discussed, he stated that is in favor of higher concrete standards, the thicker standards recommended by staff help accommodate poor workmanship. Motion #1: Commissioner Kennedy made a motion to modify the shy distance to provide an effective width of four feet. Commissioner Cabe seconded the motion. Upon roll call the motion to amend the shy distance passed with a vote of 7-0-0. Motion #2: Commissioner Chesser made a motion to forward the request requiring both mesh and 6 -inch thick concrete. Commissioner Cabe seconded the motion. Upon roll call the motion to forward the request requiring both mesh and 6 -inch thick concrete failed with Commissioners Hoskins, Winston, Lack and Kennedy voting "no." Motion #3: Commissioner Chesser made a motion to forward to City Council including the previously approved Planning Commission recommendation to modify the shy distance to provide an effective width of four feet. Commissioner Cabe seconded the motion. Upon roll call the motion to forward was approved with a vote of 7-0-0 ADM 10-3583: (88 EAST FOURTH STREET, 523): Submitted by JAKE NEWELL for property located at 88 EAST FOURTH STREET, THE NORTHEAST CORNER OF SOUTH COLLEGE AVENUE AND FOURTH STREET. The request is for a waiver of Fayetteville Unified Planning Commission May 24, 2010 Page 10 of 15 Development Code Section 171.12 to permit the construction of a new single family home without constructing a new sidewalk or paying money -in -lieu for a sidewalk. This item was not discussed as the applicant withdrew the item prior to the meeting. New Business: ADM 10-3584: (4618 NORTH COLLEGE AVENUE, 96): Submitted by CYNTHIA Planning Commission May 24, 2010 Page 11 of 15 HASELHOFF for property located west of Lake Fayetteville at 4618 N. COLLEGE AVENUE. The property contains approximately 17 acres and is zoned R -A, Residential -Agricultural and C-2, Thoroughfare Commercial. The request is for a variance of Fayetteville Unified Development Code Section 166.14(C) (7) to permit a wire fence within the C-2 zoning district. Andrew Garner, Senior Planner, gave the staff report describing the background of the proposed variance request and agricultural tourism on the site. Cynthia Hasselhoff, applicant, discussed that their family has owned this property for 50 years. She gave the background for the property and discussed issues they have had with trespassers. She discussed the purpose of the wire fence and the redundant fence of vegetation. Lavender and blackberries are proposed on the inside of the fence. No public comment was presented. Commissioner Chesser asked about the vegetative buffer and some plants on the inside growing through the fence. Garner discussed the intent of the vegetative buffer is to screen the fence from the public right-of- way which is why staff is recommending the vegetation on the outside of the fence. Commissioner Cabe discussed that he like the type of fence as it maintained the agricultural feel of the area and felt that it was not a bad thing if you could see the fence from the road. He is in support of the applicant's proposal. Commissioner Lack stated that a good bit of planting is proposed along the fence row. He is also not opposed to seeing this fence from the road. He understands the intent for placing the harvestable plantings on the inside and thinks it's okay. Motion #1: Commissioner Earnest made a motion to amend condition of approval #1 to strike the requirement that plantings be on the outside of the fence, and to allow for the applicant's proposal for plantings to be on the inside of the fence. Commissioner Cabe seconded the motion to amend. Upon roll call the motion to amend condition of approval #1 was approved with a vote of 7-0-0. Motion #2: Commissioner Cabe made a motion to approve the request with the amended condition. Commissioner Chesser seconded the motion to approve. Upon roll call the motion to approve was approved with a vote of 7-0-0. ADM 10-3585: (FIRST BAPTIST OF FAYETTEVILLE, 484): Submitted by H2 ENGINEERING, INC. for property located at THE NW CORNER OF COLLEGE AVENUE AND DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 4.00 acres. The request is to strike a condition of approval associated with LSD 10- Planning Commission May 24, 2010 Page 12 of 15 3536. Andrew Garner, Senior Planner, gave the staff report describing previously approved large scale development and the applicant's request to modify the condition of approval for constructing sidewalk along Highland Avenue. Staff recommends that certain sections of damaged sidewalk along Highland Avenue be replaced, as indicated in the staff report. Kip Hearne, applicant, stated agreement with staff's recommendation. No public comment was presented. Motion: Commissioner Kennedy made a motion to approve the request. Commissioner Earnest seconded the request. Upon roll call the motion was approved with a vote of 6-0-1 with Commissioner Lack recusing. CUP 10-3562: (4476 NORTH WATERSIDE COURT, 96): Submitted by RICHARD WEST for property located at 4476 N. WATERSIDE COURT. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.90 acres. The request is to permit Use Unit 4, for special events assemblies at the subject property. Planning Commission May 24, 2010 Page 13 of 15 Andrew Garner, Senior Planner, gave the staff report describing the request to use the existing Northstar building for special events such as wedding receptions. He read a statement from the adjacent resident in support of the application. Tonya Shein, applicant, discussed that they have received many requests from the public to use the facility for special events and that this would provide another form of income for their organization. No public comment was presented. Motion: Commissioner Chesser made a motion to approve the request, slightly amending condition of approval #3 from 12 a.m. to "12 a.m. midnight'. Commissioner Cabe seconded the motion. Upon roll call the motion was approved with a vote of 7-0-0. CUP 10-3570: (40 E.CENTER STREET / DANCE HALL, 484): Submitted by JUDY PAYNE SMITH, WILLIAM NAJGER for property located at 40 E. CENTER STREET. The property is zoned DC, DOWNTOWN CORE and contains approximately 0.05 acres. The request is for a dance hall, Use Unit 29, at this location. Planning Commission May 24, 2010 Page 14 of 15 Andrew Garner, Senior Planner, gave the staff report discussing the request for a conditional use permit for a dance hall. Judy Haynes Smith?, applicant, briefly described the proposed business for daytime dancing lessons and live entertainment and a dance floor in the evenings. Motion: Commissioner Chesser made a motion to approve the request. Commissioner Winston seconded the motion. Upon roll call the motion was approved with a vote of 7-0-0. RZN 10-3566: (932 GARLAND / JORDAN HOLDINGS, 444): Submitted by KELLY ELLIS for property located at 932 GARLAND AVENUE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 932 GARLAND, and contains approximately 0.84 acres. The request is to rezone the subject property from R-PZD, Residential -Planned Zoning District to R -O, Planning Commission May 24, 2010 Page 15 of 15 Residential Office and RMF -40, Residential Multi -Family, 40 Units per Acre. Andrew Garner, Senior Planner, gave the staff report describing the previous PZD approval on the site and the request to re -zone the property back to the zoning that was in place prior to the PZD. Kelly Ellis, applicant, was present for any questions. No public comment was presented. Motion: Commissioner Winston made a motion to forward the request to City Council. Commissioner Cabe seconded the motion. Upon roll call the motion to forward was approved with a vote of 7- 0-0. There being no further business, the meeting was adjourned at 8:15 PM.