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HomeMy WebLinkAbout2010-11-08 MinutesPlanning Commission November 8, 2010 Page I of 14 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on November 8, 2010 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: October 25, 2010 Page 3 VAC 10-3704: Vacation (HAPPY HOLLOW SCHOOL, 527) Page 3 VAC 10-3662: Vacation (OAKBROOKE IIl, 361) Page 3 ADM 10-3706: Administrative Item (BUBBLES CHILD CARE) Page 3 Unfinished Business: ACTION TAKEN Approved Forwarded Forwarded Approved ADM 09-3480: Administrative Item (STREAMSIDE PROTECTION ORDINANCE): Page 4 Forwarded New Business: LSD 10-3678: Large Scale Development (BRYCE DAVIS PARK, 401) Page 6 Approved CUP 10-3675: Conditional Use Permit (KIM MAGUIRE / 989 RAZORBACK RD., 560) Page 7 Approved CUP 10-3685: Conditional Use Permit (3980 WEDINGTON / PAWN SHOP, 400) Page 8 Approved CUP 10-3687: Conditional Use Permit (636 FOSTER LANE, 513) Page 9 Approved CUP 10-3688: Conditional Use Permit (2388 N COLLEGE / KUM & GO, 329) Page 10 Approved Planning Commission November 8, 2010 Page 2 of 14 LSD 09-3495: Large Scale Development (2388 N COLLEGE / KUM & GO, 329) Page 11 Approved CUP 10-3684: Conditional Use Permit (NW CORNER 45E & BOX / FIRESTONE, 372): Page 12 Approved RZN 10-3608: Rezoning (PARKER /101 EAST ALICE STREET, 213): Page 13 Tabled MEMBERS PRESENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston Matthew Cabe Andy Lack STAFF PRESENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman Karen Minkel Sarah Wrede Chris Brown CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT STAFF ABSENT 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. Planning Commission November 8, 2010 Page 3 of 14 Consent. Approval of the minutes from the Monday, October 25, 2010 meeting. VAC 10-3704: Vacation (HAPPY HOLLOW SCHOOL, 527): Submitted by CRAFTON TULL & ASSOCIATES for property located on CROSSOVER ROAD, 1/2 MILE NORTH OF HUNTSVILLE ROAD. The property is zoned P-1, INSTITUTIONAL, and the area to be vacated contains approximately 378 s.f. The request is to vacate a portion of the tree preservation area. VAC 10-3662: Vacation (OAKBROOKE III, 361): Submitted by BATES & ASSOCIATES for property located at OAKBROOKE SUBDIVISON III. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 21.50 acres. The request is to vacate a select number of the existing easements. ADM 10-3706: Administrative Item (BUBBLES CHILD CARE): Submitted by Derek Kilpatrick for property located at 4910 W. WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL - AGRICULTURAL and contains approximately 1.95 acres. The request is a variance from the parking lot paving requirements of Chapter 172, Parking & Loading, of the UDC, Unified Development Code. 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 8-0-1, Commissioner Hoskins recused. Planning Commission November 8, 2010 Page 4 of 14 Old Business: 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, Strategic Planning Director, gave the staff report. Public Comment: Halley Hoggatt asked how the 1,300 affected properties would make a difference when there are thousands of properties contributing pollution. He also stated that the trail exemption was unfair and wanted to know how this was different than an easement that would be purchased. He also wanted the other cities to get on board too. Margaret Henderson asked if the ordinance was a restriction on her property or a taking of the property. No more public comment was presented. Commissioner Lack responded that the ordinance was adding restrictions. Kit Williams, City Attorney, gave background on the 100 acre standard and stated that existing uses and structures are grandfathered in and can be rebuilt. He stated that easements are purchased because we get rights to access and construct on someone's property. However, the streamside regulations are similar to a setback that is restricted, but is private property. Commissioner Chesser asked for clarification between gardening and cultivation. Jesse Fulcher, Current Planner, stated that cultivation is associated with crops and commercial operations. Commissioner Chesser asked for clarification on the 12' wide impervious area. Fulcher stated clarified that there are two sections in the ordinance where a private property owner could construct small impervious areas. Chris Brown, City Engineer, stated that sheet flow velocity will increase as the impervious width increases, potentially resulting in erosion. Commissioner Winston asked how staff tracks a cease of use. Planning Commission November 8, 2010 Page 5 of 14 Fulcher stated that there is a policy already in place for reviewing such cases. Commissioner Honchell asked if staff had approached the affected property owners about a voluntary buffer; about how much of a difference Fayetteville is going to make in improving water quality; about parks maintenance; and if there had been any complains from Beaver Water District about water quality. Minkel gave a brief history of the agreement between the City of Fayetteville and Beaver Water District, the Geosyntech study and the nutrient reduction plan. She also stated that prevention is much less expensive than water treatment on the back -end, and that the City will have to abide by the same rules as private property owners. Commissioner Hoskins asked about how much water went into each watershed. Minkel stated that approximately 40% of the water went into Beaver Lake, but that the water was going to end up being someone's drinking water, regardless of the watershed. Dave Jurgens, Director of Utilities, stated that a streamside buffer is one of the best ways to protect water quality and is much more cost effective than water treatment. Commissioner Earnest stated that this ordinance is important and that the variance section will hep. Commissioner Chesser stated that he supports the ordinance and that someone needs to go first. Commissioner Bunch asked if the ordinance would apply to undeveloped lots and if it would show up on the title. Minkel stated that the ordinance will apply to undeveloped lots. Williams stated that the buffer restriction will not show up on a title. Commissioner Hoskins stated that he agreed with the intent of the ordinance, but was not comfortable with the way it is written. Commissioner Honchell asked what the leading pollutant was in the Illinois River. Jurgens stated that was unsure of the leading pollutant. Motion: Commissioner Earnest made a motion to forward the item to City Council. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-2-0 with Commissioners Hoskins and Honchell voting `no'. New Business: Planning Commission November 8, 2010 Page 6 of 14 LSD 10-3678: Large Scale Development (BRYCE DAVIS PARK, 401): Submitted by CITYOF FAYETTEVILLE PARKS DIVISION for property located at the BRYCE DAVIS DOG PARK/] 595 N. DARTMOUTH DRIVE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT, LINKS AT FAYETTEVILLE AND P-1, INSTITUTIONAL, and contains approximately 26.15 acres. The request is for development of a sidewalk, pavilion, and parking lot for this park. Andrew Garner, Senior Planner, gave the staff report. Alison Jumper, Park Planner discussed the background and phasing for the park. No public comment was presented. Commissioner Lack discussed that he had concerns with where the parking lot was being placed, but that after the tour of the property he understands the rationale and will be in support of the project. Commissioner Chesser agreed with Commissioner Lack's comments and discussed natural features that divide the park. Motion: Commissioner Cabe made a motion to approve the item. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Commissioner Hoskins left the meeting. Planning Commission November 8, 2010 Page 7 of 14 CUP 10-3675: Conditional Use Permit (KIM MAGUIRE / 989 RAZORBACK RD., 560): Submitted by KIM MAGUIRE for property located at 989 RAZORBACK ROAD. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT, and contains approximately 1.34 acres. The request is to operate a bar with dancing, Use Unit 29. Andrew Garner, Senior Planner, gave the staff report. Brett Maguire, applicant, stated that he was here for questions and clarified that this will be a bar, not an eating establishment. Commissioner Chesser asked if the clarification that this will be a bar will change staff's recommendation. Garner stated that Use Unit 29 permits a bar with dancing, so for the business to be primarily a bar would be allowed under Use Unit 29 and would not change staff's recommendation. No public comment was presented. Motion: Commissioner Chesser made a motion to approve the item with the conditions as recommended by staff. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission November 8, 2010 Page 8 of 14 CUP 10-3685: Conditional Use Permit (3980 WEDINGTON / PAWN SHOP, 400): Submitted by LISA RAHAT for property located at 3980 W. WEDINGTON DRIVE. The property is zoned C- 1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.8 acres. The request is for a pawn shop, Use Unit 16 in the C-1 Zoning District. Andrew Garner, Senior Planner, gave the staff report. Fred Rahat, applicant, discussed the intent and purpose for the pawn shop. No public comment was presented. Motion: Commissioner Chesser made a motion to approve the item with the conditions as recommended by staff. Commissioner Cabe seconded the motion. Upon roll call the motion to approve passed with a vote of 8-0-0 Planning Commission November 8, 2010 Page 9 of 14 CUP 10-3687: Conditional Use Permit (636 FOSTER LANE, 513): Submitted by GLENN FOSTER for property located at 636 FOSTER LANE. The property is zoned RSF-1, SINGLE FAMILY - 1 UNIT/ACRE and contains approximately 1.31 acres. The request is to build a residential accessory structure before the primary residential dwelling is constructed. Dara Sanders, Current Planner, gave the staff report. Lynn Foster, property owner, explained the request. No public comment was presented. Motion: Commissioner Winston made a motion to approve the item with the conditions as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission November 8, 2010 Page 10 of 14 CUP 10-3688: Conditional Use Permit (2388 N COLLEGE / KUM & GO, 329): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at SE CORNER OF COLLEGE AVENUE & TOWNSHIP STREET. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.22 acres. The request is for additional parking than what is allowed by ordinance for this commercial use. Dara Sanders, Current Planner, gave the staff report. Dave Tipton, representative, described the conditional use and variance requests. No public comment was presented. Commissioner Winston expressed support for the request due to the proposed improvements to the property. Commissioner Lack also expressed support for the request. Commissioner Cabe discussed his review of the proposal at the Subdivision Committee and found that the variances are deserved and justified. Motion: Commissioner Cabe made a motion to approve the item. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission November 8, 2010 Page 11 of 14 LSD 09-3495: Large Scale Development (2388 N COLLEGE / KUM & GO, 329): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at SE CORNER TOWNSHIP AND N. COLLEGE, 2396 N. COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.22 acres. The request is for approval of a gasoline station and store with the associated infrastructure. Dara Sanders, Current Planner, gave the staff report. Dave Tipton, representative, described the conditional use and variance requests. No public comment was presented. Commissioner Winston expressed support for the request due to the proposed improvements to the property. Commissioner Lack also expressed support for the request. Commissioner Cabe discussed his review of the proposal at the Subdivision Committee and found that the variances are deserved and justified. Motion: Commissioner Cabe made a motion to approve the item. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission November 8, 2010 Page 12 of 14 CUP 10-3684: Conditional Use Permit (NW CORNER 45E & BOX / FIRESTONE, 372): Submitted by H2 ENGINEERING, INC. for property located at THE NW CORNER OF MISSION BLVD., HWY 45E & BOX AVE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 1.20 acres. The request is to allow for a tire and auto repair store (Use Unit 17, Transportation Trade and Services.) Dara Sanders, Current Planner, gave the staff report. Kipp Hearne, representative, discussed the location, the zoning district requirements, and the proposed buffer and screening of the use from the residences to the north. No public comment was presented. Commission Kennedy expressed support for the development, finding that the proposal is appropriate for the location. Motion: Commissioner Winston made a motion to approve the item. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission November 8, 2010 Page 13 of 14 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. Dara Sanders, Current Planner, gave the staff report. Buckley Blew, representative, explained that the Nissan dealership to the west of the subject property intends to purchase the property for an expansion to the business. Ms. Bailey, owner of the Nissan dealership, explained the business and expansion needs. Donna Stewart, real estate agent, discussed possible restrictions on the property. Public Comment: John Darrens, neighbor, expressed opposition to the proposal and explained that the existing greenspace proposed to be rezoned has served as a buffer between the highway commercial uses to the west and the neighborhood to the east. No more public comment was presented. Commissioner Chesser supports business in Fayetteville but felt that the addition of a parking lot or C-2 closer to the neighborhood would change the neighborhood character, which outweighs expanding business opportunity. Commissioner Lack believed that the neighborhood encroached into the commercial area adjacent to College Avenue and finds that the current requirement for a visual screen in the Commercial Design Standards is sufficient. Commission Chesser and Kit Williams, City Attorney, discussed issues associated with a Bill of Assurance. Jeremy Pate, Development Services Director, explained that the previous item for a tire store discussed by the Planning Commission needed a buffer and compared the two uses. He explained staffs concern with future development of the property, as there is not a guaranty that the current location of the Nissan dealership permanent. Commissioner Chesser asked if staff might consider other zoning districts. Pate explained that staff had already suggested that the applicant request the Community Services zoning district. Commissioner Chesser stated that he can not support the request as proposed. Planning Commission November 8, 2010 Page 14 of 14 Commissioner Earnest shares staffs concern with C-2 but finds that a compromise is in order. Commissioner Cabe discussed that it could be appropriate for a commercial development to occur on the subject property but expressed hesitance to support C-2 because of the permitted uses included in the zoning district. Motion: Commissioner Chesser made a motion to table the item until the November 22, 2010 Planning Commission meeting. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. There being no further business, the meeting was adjourned at 8:15 PM.