Loading...
HomeMy WebLinkAbout2010-10-25 MinutesPlanning Commission October 25, 2010 Page I of 10 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on October 25, 2010 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent: MINUTES: October 11, 2010 Page 3 Old Business: ACTION TAKEN Approved ADM 10-3637: Administrative Item (UDC Amendment Chapter 174) Page 4 Forwarded New Business: CUP 10-3671: Conditional Use Permit (BAKER PRE-SCHOOL 3065 QUAINTON, 254) Page 5 Approved CUP 10-3670: Conditional Use Permit (BARTHOLOMEW AUCTIONS/ WASHINGTON COUNTY FAIRGROUND, 287) Page 7 Approved ADM 09-3480: Administrative Item (STREAMSIDE PROTECTION ORDINANCE Page 8 Tabled MEMBERS PRESENT Craig Honchell William Chesser Hugh Earnest Tracy Hoskins Porter Winston Matthew Cabe MEMBERS ABSENT Sarah Bunch Jeremy Kennedy Planning Commission October 25, 2010 Page 2 of 10 Audy Lack STAFF PRESENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Karen Minkel Sarah Wrede CITY ATTORNEY Kit Williams, City Attorney STAFF ABSENT Glenn Newman Matt Casey 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 Commissioner Bunch and Commissioner Kennedy. Planning Commission October 25, 2010 Page 3 of 10 Consent. Approval of the minutes from the October 11, 2010 Planning Commission meeting. Motion• Commissioner Winston 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 October 25, 2010 Page 4 of 10 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. No public comment was presented. Commissioner Hoskins discussed his concerns with the sign ordinance including joint identification signs and several other issues. Commissioner Chesser asked for clarification on the differences between monument and joint ID signs. Kit Williams, City Attorney, explained the intent behind the monument versus joint ID signs. Jeremy Pate, Development Services Directed, discussed that joint ID signs reduce sign clutter and encourage the use of joint ID signs. Kit Williams, City Attorney, discussed that the function of the joint ID sign is as an identifier. Commissioner Hoskins discussed the size of buildings for joint ID signs. Commissioner Lack asked about the name of the business center being permitted on joint ID signs. Sanders discussed that, yes, the name of a business center is permitted, such as Nelson's Crossing. Commissioner Lack discussed that he is okay without increasing the height of monument signs. Pate discussed reasons why staff included the "ground supported" signs. Commissioner Lack voiced concern with clarification of similar monument -style signs. Commissioner Winston asked if joint ID signs are permitted to have certain fonts associated with their business. Pate discussed that, yes, that is permitted and mentioned the Blockbuster video logo. Commissioner Earnest and Cabe both complimented staff on their efforts. Commissioner Cabe discussed in concept that he does not want any larger signs than currently permitted. Planning Commission October 25, 2010 Page 5 of 10 Motion: Commissioner Cabe made a motion to forward. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 6-1-0 with Commissioner Hoskins voting `no'. Planning Commission October 25, 2010 Page 6 of IO New Business: CUP 10-3671: Conditional Use Permit (BAKER PRE-SCHOOL 3065 QUAINTON, 254): Submitted by ROGER & CAROL BAKER for property located at 3605 QUAINTON COURT. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.32 acres. The request is to operate a pre-school on the property, within the existing single-family home. Dara Sanders, Planner, gave the staff report. Roger Baker, applicant, discussed the limit on the number of students was five, their ages being 2-4. He discussed the normal noise children make playing outside and discussed the times the children are permitted to play outside. Public Comment: Gina Gentry lives four homes down and discussed support for the application mentioning that she never knew it was a pre-school. Amy Field has her front yard across the street and discussed support for the application and that the applicant has been a good neighbor. Alan Gentry discussed early education for kids is needed and expressed his support for the application. Davy Flynn lives two doors down, the POA president, and discussed that he never heard any complaints regarding the applicant's business. No more public comment was presented. Motion: Commissioner Earnest made a motion to approve the item. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Commissioner Hoskins left the meeting. Planning Commission October 25, 2070 Page 7 of IO CUP 10-3670: Conditional Use Permit (BARTHOLOMEW AUCTIONS/ WASHINGTON COUNTY FAIRGROUND, 287): Submitted by STEVE BARTHOLOMEW for property located at 2536 N. McCONNELL AVENUE, WASHINGTON COUNTY FAIRGROUND. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 31 acres. The request is for Use Unit 2, for a conditional use permit for temporary outdoor sales auctions on the Washington County Fairground. Andrew Garner, Senior Planner, gave the staff report. Steve Bartholomew, applicant, stated that he was here for questions. No public comment was presented. Commissioner Chesser asked about condition of approval #2. He is not comfortable with allowing them until midnight on Sunday. Commissioner Earnest asked about removal of materials for sale such as a hay baler. Steve Bartholomew, applicant, discussed that he (the auction) would be required to move sale items from the site per his lease agreement with the fairgrounds. Motion: Commissioner Cabe made a motion to approve the item, amending condition #2 to specify that materials are required to be removed by 8 PM on Sunday. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission October 25, 2010 Page 8 of 10 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. Karen Minkel, Director Strategic Planning, gave the staff report. Public Comment: Dave Kingston was a representative of an undeveloped commercial subdivision at the I- 540/Wedington intersection. He discussed that he feels like this ordinance would constitute a legal taking of the property. Don Nibert discussed that he was in favor of the concept. His property would be affected. He discussed that he thinks existing properties should have more flexibility. Kenneth Harvey, 8521 Goose Creek Road, discussed that there are 12 homes on Goose Creek. He discussed that the 50 feet of property is his property and that he doesn't want anyone taking his land. It is his property and he will continue to use it as he has in the past. Bob Caulk, president of Fayetteville Natural Heritage, discussed green infrastructure and that the FNHA supports the ordinance. He discussed some potential changes or issues with the ordinance including that the ordinance won't function for wildlife habitat or flood attenuation. He discussed that the biggest problem is that the buffer needs to be continuous. He discussed issues with existing commercial parking lots discharging directly into creeks. He discussed introducing a third buffer zone that would be voluntary. This is a zone would be up to 300 feet wide and credits would be provided to property owners for participating which would reduce stormwater fees for following BMPS, if and when a stormwater utility is established in Fayetteville. Leif Kimburton discussed that he lives along Town Branch. His discussed increased flooding at his home. He will have to build some type of flood barrier and that this ordinance would present problems with that. Julia Sampson, 210 W. South Street, discussed that this was short notice for property owners to respond. She discussed gardening on her property. Kevin Nelm, 1207 E. Elm, also mentioned that this was short notice for property owners and requested that the open forum be provided again. He discussed street run-off and that this ordinance penalizes property owners for street run-off. He also discussed that a 12 -foot concrete path is permitted for city trails but not a patio. He believes the 50 -foot zone is arbitrary, and also that he thinks this should apply only to new development. Fran Alexander discussed that revegetation with native species is better than non-native species. She discussed that water and sediment travels across property lines. Planning Commission October 25, 2010 Page 9 of 10 Justin Jackson, 1283 Elm Street feels that this is a little rushed. This would control over two-thirds of his property. This is better on a case-by-case basis. Brenda English, discussed that she wants to keep her land. She discussed that the city can pay her what its worth. She doesn't want to have to sell her home. Ryan Mayhen discussed that this would take 50 feet of his land. He doesn't think this will be fair. Will this re -zone his property? Aubrey Shepherd discussed that the worst damage to the stream is the City. He discussed issues with Town Branch and he is trying to protect people down stream. He discussed flooding and public education. Tisha Yarbrough discussed that she purchased a commercial housing 10 years ago. She is concerned with things they need to do to fix their property. No more public comment was presented. Commissioner Lack asked about the location of the top of bank. Minkel discussed the method for identifying the top of bank. Commissioner Lack asked about disagreements between property owner and the City in determining the ordinance. Minkel discussed that appeals may be made to City Council. Kit Williams, City Attorney, discussed concerns regarding this ordinance being a taking. There will be many more public hearings and the City is interested in working with the public. We will look at all the issues to make sure we're not making unbuildable lots. He discussed the definition of taking and other regulations such as zoning and grading ordinances Commissioner Lack asked about correcting current conditions. Sarah Wrede, Floodplain Administrator, discussed that any improvements to correct current conditions will need to be verified that they won't exacerbate current conditions. Williams discussed that we need to allow people to protect their homes from flooding. Commissioner Lack asked about gardening. Minkel discussed the allowances and requirements for gardening in both zones, and that they probably need to clarify that topic. Commissioner Lack asked about a paved path versus a patio. Planning Commission October 25, 2010 Page 10 of 10 Fulcher discussed that a property owner could install a 12 -foot wide patio. Commissioner Chesser discussed that the City may be giving ourselves the ability to build trails. Minkel discussed the effects of water flowing over a trail. Williams discussed that the issue with a 12 -foot trail versus a patio is a concern. Commissioner Chesser asked about variances. Fulcher responded that bulk and area variances still go to the Board of Adjustment and that variance of the actual streamside ordinance. Commissioner Chesser asked about fences. Fulcher discussed that fences can be replaced. Commissioner Cabe asked about the BMP manual. Minkel discussed the BMP manual and the trails and utilities are listed in the manual. Commissioner Cabe discussed that there are no other towns in Arkansas with this type of ordinance and that water quality is a huge issue. He discussed that this ordinance is needed. Commissioner Earnest discussed that the primary purpose is pollutant reduction. He stated a quote from the Beaver Water Authority that, "I'll treat whatever you put in Beaver Lake, but that I'm not sure you can pay for it..." Commissioner Chesser asked about rain gardens being in the BMP manual. Commissioner Lack discussed that there will be many more meetings. We feel like we need to administer to protect the watershed. Motion: Commissioner Chesser made a motion to table the item. Commissioner Cabe seconded the motion. Upon roll call the motion to table passed with a vote of 8-0-0 There being no further business, the meeting was adjourned at 8:00 PM.