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HomeMy WebLinkAbout2010-09-27 MinutesPlanning Commission September 27, 2010 Page I of 11 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on September 27, 2010 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED Consent. MINUTES: September 13, 2010 Page 3 ACTION TAKEN Approved ADM 10-3666: Administrative Item (NL RKHAM HILL COTTAGE COURTS PZD, 520) Page 3 Old Business: Approved ADM 10-3637: Administrative Item (UDC Amendment Chapter 174) Page 4 Tabled RZN 10-3608: Rezoning (PARKER /101 EAST ALICE STREET, 213) Page 6 Tabled New Business: ADM 10-3667: Administrative Item (MAE FARM, 096) Page 7 Approved PPL 10-3629: Preliminary Plat (THE VILLAS AT FOREST HILLS, 440) Page 8 Approved ADM 10-3672: Administrative Item (FOREST HILLS PZD MODIFICATION NO. 1, 440): Page 9 Forwarded ADM 09-3480: Administrative Item (STREAMSIDE PROTECTION ORDINANCE) Page 10 Tabled October 11, 2010 Planning Commission PC Minutes 9/27/10 Agenda Item i Page 1 of 12 Planning Commission September 27, 2010 Page 2 of 11 MEMBERS PRESENT Sarah Bunch Hugh Earnest Tracy Hoskins Porter Winston Audy Lack STAFF PRESENT Jeremy Pate Andrew Gamer Jesse Fulcher Data Sanders Glenn Newman CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT Craig Honchell William Chesser Jeremy Kennedy Matthew Cabe STAFF ABSENT 5:30 PM- Planning Commission Chair Andy Lack called the meeting to order. Commissioner Lack requested all cell phones to be tamed off, and informed the audience that listening devices were available. Upon roll call all members were present with the exception of Commissioner Honchell; Chesser; Kennedy; and Cabe. October 11, 2010 Planning Commission PC Minutes 9/27/10 Agenda Item 1 Page 2 of 12 Planning Commission September 27, 2010 Page 3 of 11 Consent: Approval of the minutes from the September 13, 2010 Planning Commission meeting. ADM 10-3666: Administrative Item (MARKHAM HILL COTTAGE COURTS PZD EXTENSION, 520): Submitted by HOMESTEAD HOMES, LLC for property located at the NORTHWEST CORNER OF CROSS AND MAINE STREETS. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 09-3237 and contains approximately 2.98 acres. The request is for an extension of the approval for R-PZD 09-3237 Markham Hill Cottage Courts. Motion: Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. October 11, 2010 Planning Commission PC Minutes 9/27/10 Agenda Item 1 Page 3 of 12 Planning Commission September 27, 2010 Page 4 of 11 Old Business: ADM 10-3637: Administrative Item (UDC Amendment Chapter 174): Submitted by City Planning Staff. The proposal is to amend Chapter 174, Signs, to include signage designations for recently adopted zoning districts and to modify the current signage regulations. Dara Sanders, Current Planner, gave the staff report discussing the request and recommended approval. Commissioner Earnest asked if these changes would address the monument sign at Katherine's Place. Sanders responded that, no, these changes would not address that situation as they are addressing monument signs in the RSF-4 zoning district, more smaller scale neighborhood uses that are institutional, but in the RSF-4 zoning district. Commissioner Lack asked about bulletin boards encroaching onto I" Amendment rights. Kit Williams, City Attorney explained the legal background and intent of bulletin boards and that he felt we were on safe legal grounds. Commissioner Lack asked about signage for home occupation Garner explained that signage was not permitted for a home occupation in the RSF districts, unless required by state law, such as a real estate agent. Staff has not seen a problem with this regulation. Commissioner Hoskins asked about joint identification signs, presented drawings showing monument signs, presented a chart showing sign requirements, and recommended that the height and square footage of monument signs be increased, and that the setback from the right-of-way potentially be reduced to a zero -foot setback. He discussed that current codes do not permit monument signs from being seen from a long distance because of the limited height of the signs and landscape screening requirement. The overall intent of his comments is to encourage the use of monument signs over pole signs. Andrew Garner, Senior Planner, discussed that over the past few years monument signs have been preferred over pole signs because of the setback and size restrictions on pole signs, and that shrubs and landscaping may be clustered so they will not block the visibility of monument signs. Motion: Commissioner Earnest made a motion to table the item until October 11, 2010. Commissioner Hoskins seconded the motion. Commissioner Earnest discussed that he is tabling this item to encourage more monument signs October 11, 2010 Planning Commission PC Minutes 9/27/10 Agenda Item 1 Page 4 of 12 Planning Commission September 27, 2010 Page 5 of 11 rather than pole signs, to look at the chart presented by Commissioner Hoskins and see if anything in the chart needs to be incorporated, and for more commissioners to be present. Commissioner Lack also clarified that staff should evaluate raising the height to nine (9) feet and a reduced setback as suggested by Commissioner Hoskins. Upon roll call the motion passed with a vote of 5-0-0. October 11, 2010 Planning Commission PC Minutes 9/27/10 Agenda Item 1 Page 5 of 12 Planning Commission September 27, 2010 Page 6 of 11 RZN 10-3608: Rezoning (PARKER /101 EAST ALICE STREET, 213): Submitted by BLEW & ASSOCIATES, INC. for property located at 101 EAST ALICE STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE, and contains approximately 0.74 acre. The request is to rezone the subject property to C-2, Thoroughfare Commercial. This item was required to be tabled because of a failure to meet notification requirements. No public comment or staff report was presented. Motion: Commissioner Earnest made a motion to table the item indefinitely. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. October 11, 2010 Planning Commission PC Minutes 9/27/10 Agenda Item 1 Page 6 of 12 Planning Commission September 27, 2010 Page 7 of]] New Business: ADM 10-3667: Administrative Item (MAE FARM, 096): The request is for a modification to condition of approval No. 1 for Administrative Item, ADM 10-3584, regarding landscaping. Andrew Garner, Senior Planner, gave the staff report. Cynthia Hasselhoff described the difficulties in planting the required landscaping and she passed out photos of the project site. No public comment was presented. Motion: Commissioner Earnest made a motion to approve the item. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. October 11, 2010 Planning Commission PC Minutes 9127110 Agenda Item 1 Page 7 of 12 Planning Commission September 27, 2010 Page 8 of]] PPL 10-3629: Preliminary Plat (THE VILLAS AT FOREST HILLS, 440): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located at LOT 7 FOREST HILLS PZD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT, and contains approximately 20.86 acres. The request is for a subdivision with 77 single-family lots. Jesse Fulcher, Senior Planner, gave the staff report. Heather Robason, Morrison Shipley Engineers, summarized the project. Commissioner Winston asked about the building setback change. Lack noted that the building setback change would be discussed in the next administrative item. Commissioner Earnest asked about solid waste pick up in the alley. Fulcher discussed that the alley trash pick up was in internal discussion among various City divisions. Motion: Commissioner Winston made a motion to approve the item. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. October 11, 2010 Planning Commission PC Minutes 9/27/10 Agenda Item 1 Page 8 of 12 Planning Commission September 27, 2010 Page 9 of 11 ADM 10-3672: Administrative Item (FOREST HILLS PZD MODIFICATION NO. 1, 440): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located within the Forest Hills Planned Zoning District. The request is to amend the rear setbacks for Phase IV, The Villas at Forest Hills from 25 feet to 20 feet. Jesse Fulcher, Senior Planner, gave the staff report. Heather Robason, Morrison Shipley Engineers, discussed that this was a request from the architect, so not all of the houses line up alike. Commissioner Winston asked about the stacking distance for a parking space between the alley and front of the garage. Andrew Garner, Senior Planner, discussed that a standard parking stall was 19 feet in length. Motion: Commissioner Winston made a motion to forward the item to the full City Council. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. October 11, 2010 Planning Commission PC Minutes 9/27110 Agenda Item 1 Page 9 of 12 Planning Commission September 27, 2010 Page 10 of 11 ADM 09-3480: Administrative Item (STREAMSIDE PROTECTION ORDINANCE): Submitted by the CITY OF FAYETTEVILLE STRATEGIC PLANNING AND INTERNAL CONSULTING DEPARTMENT. The request is to amend the Unified Development Code to adopt a Streamside Protection Ordinance with an associated map and a Best Management Practices Manual. This item is being presented for informational purposes only at this time. Karen Minkel, Senior Planner, gave the staff report Public Comment: Dr. Bob Morgan, Beaver Water District, discussed the scientific background and benefits of the proposed ordinance. Kit Williams, City Attorney, discussed that this scientific information should be presented when this ordinance goes to City Council. Dr. Bob Morgan, Beaver Water District, discussed that 250,000 people receive their water from Beaver Lake. He further described the benefits of buffer zones including water quality, nutrient reduction, and the reduced cost of treating algae would be up to $40 million. Dr. Nicole Hardiman, stated agreement with Karen Minkel and Bob. This ordinance will be great for nutrient removal including Nitrogen and Phosphorus, and sediment — this is the best bang for your buck. This buffer will provide water mitigation and stream -bank restoration will be avoided. She discussed many similar ordinances in Georgia around Atlanta, Salt Lake City, and Tucson Arizona. The Environmental Action Committee is in support of this ordinance. No more public comment was presented. Commissioner Earnest discussed his background with topic and potential controversy, but this is very necessary. Commissioner Lack discussed that he feels this is very well put together and complimented staff. This question about how the 100 -acre drainage area was devised was cleared up with the presentation tonight. This is a legalistic way of determining what is a stream according with federal precedent. He mentioned that variances should be placed in the variance of the UDC. Engineering practices should also be included as a means of being within the 25 -foot buffer area. Variances are based on mitigation effects. Commissioner Winston discussed that the public meeting about this first discussions of this ordinance were filmed. It would be nice to see on the website. The BMP manual is on the manual. He discussed riparian buffer construction, tax credits, and annual work that may take place in riparian buffer areas. Commissioner Earnest asked about the 226 structures that would be affected by this ordinance. October 11, 2010 Planning Commission PC Minutes 9/27/10 Agenda Item 1 Page 10 of 12 Planning Commission September 27, 2010 Page 11 of l l Minkel discussed that if they were destroyed they can re -build in the same footprint. This ordinance was mainly targeted at new development. Kit Williams, City Attorney, discussed that he has no criticism of the intent of this ordinance. He is happy to seethe reasons presented tonight for the 100 -acre criteria. He discussed that he thinks the ordinance is too long. He explained that the formatting of this ordinance should fit into the UDC where placing sections of the code into their applicable chapter, instead of folding it all into the Streamside Protection Ordinance. Minkel commented that staff doesn't object to making any of the recommended changes. Motion: Commissioner Earnest made a motion to tabled the item until October 27, 2010. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. There being no further business, the meeting was adjourned at 7.35 PM. October 11, 2010 Planning Commission PC Minutes 9/27/10 Agenda Item 1 Page 11 of 12