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HomeMy WebLinkAbout2011-01-24 MinutesPlanning Commission January 24, 2011 Page I of 9 MINUTES OF A MEETING OF THE PLANNING COMMISSION A special meeting of the Fayetteville Planning Commission was held on January 24, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ACTION TAKEN New Business: MINUTES: January 10, 2011 Page 3 Approved VAC 10-3735: Vacation (1965 BOX AVE., 372): Page 4 Forwarded ADM 11-3751: Administrative Item (VANTAGE CENTER LANDSCAPE VARIANCE, 135): Page 5 Approved ADM 10-3754: Administrative Item (1211 EAST RIDGEWAY, 409): Page 6 Approved CUP 10-3733: Conditional Use Permit (902 SOUTH SCHOOL, 562): Page 7 Approved RZN 10-3732: Rezoning (2600 CROSSOVER ROAD, 326): Page 8 Forwarded MEMBERS PRESENT Craig Honchell William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston Matthew Cabe Andy Lack STAFF PRESENT Andrew Garner Dara Sanders MEMBERS ABSENT Sarah Bunch STAFF ABSENT Jeremy Pate Jesse Fulcher Glenn Newman Karen Minkel Matt Casey Planning Commission January 24, 2011 Page 2 of 9 CITY ATTORNEY Kit Williams, City Attorney 5:30 PM - Planning Commission Chair Audy 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 January 24, 2011 Page 3 of 9 New Business: Approval of the minutes from the January 10, 2011 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. Commissioner Winston arrived after the approval of the minutes. Planning Commission January 24, 2011 Page 4 of 9 VAC 10-3735: Vacation (1965 BOX AVEMIRESTONE, 372): Submitted by H2 ENGINEERING, INC. for property located at 1965 BOX AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 1.23 acres. The request is to vacate approximately 240 square feet of an existing utility easement. Dara Sanders, Current Planner, gave the staff report. Kipp Hearne, Representative, introduced himself and agreed to the conditions of approval. No public comment was presented. Motion: Commissioner Winston made a motion to approve the item. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission January 24, 2011 Page 5 of 9 ADM 11-3751: Administrative Item (VANTAGE CENTER LANDSCAPE VARIANCE, 135): Submitted by VANTAGE CENTER for property located on east Shepard Drive and contains approximately 4.68 acres. The request is for a variance of the landscape regulations for street tree plantings. Andrew Garner, Senior Planner, gave the staff report. Hugh Jarratt, applicant, had no problems with the recommended conditions. He discussed that they are here trying to solve the problem. No public comment was presented. Commissioner Hoskins asked about the trees being maintained into perpetuity. Hugh Jarratt answered that `yes' they are intending on maintaining the trees. Kit Williams, City Attorney, discussed legal concerns with the trees being maintained into perpetuity and recommended the commission specify a number of years the trees would be required to be maintained by the applicant. Commissioner Winston added that he would be in favor of requiring the trees to be maintained for 20 years. Commissioner Lack stated that he would be comfortable with maintaining the trees for 5 years. Motion: Commissioner Chesser made a motion to approve the item, adding a condition of approval #2, stating that the applicant maintain the trees for 10 years. This would supercede the maintenance period specified by the Urban Forester in the attached memo. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 6-1-1, Commissioner Cabe voting `No' and Commissioner Kennedy recusing. Planning Commission January 24, 2011 Page 6 of 9 ADM 11-3754: Administrative Item (1211 EAST RIDGEWAY DRIVE/STEVE GRAGE, 409): Submitted by STEVE GRAGE for property located at 1211 EAST RIDGEWAY DRIVE. The property is zoned RSF-4, SINGLE-FAMILY - 4 UNITS/ACRE and contains approximately 0.43 acre. The request is for a variance from the requirement for an accessory dwelling unit to have separate water and sewer service from the primary dwelling. Dara Sanders, Current Planner, gave the staff report. Steven Grage, applicant, introduced himself and explained the request. He stated that he could withdraw the request for the separate water tap, as he didn't realize the water main was easily accessible. No public comment was presented. Commission Lack asked if the revised request to exclude the water tap would change staff s recommendation. Andrew Garner, Senior Planner, stated that it would not and explained the history and justification for the requirement. Commissioner Lack asked if the requirement is different for an attached ADU. Garner stated that the requirements are the same. Commissioner Hoskins discussed his opinion of existing site constraints with the applicant, including trees along the north side and a driveway along the south side. Commissioner Cabe stated that he doesn't support the request, as there are other ways to run a sewer line without disturbing the existing driveway. Commissioner Chesser asked staff to describe the reasons for which a Planning Commission variance may be granted. Garner read the variance section of the ADU ordinance. Motion: Commissioner Chesser made a motion to deny the request for the water line variance, and to approve the request for the sewer line variance. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 6-2-0 (Commissioners Cabe and Earnest voted "no"). Planning Commission January 24, 2011 Page 7 of 9 CUP 10-3733: Conditional Use Permit (902 S. SCHOOL/KELSEY, 562): Submitted by DAVID KELSEY for property located at 902 SOUTH SCHOOL AVENUE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 1.43 acres. The request is an automobile repair shop (Use Unit 17, Transportation Trades and Services). Dara Sanders, Current Planner, gave the staff report. David Kelsey, applicant, explained his request and stated that he will not leave stagnant vehicles on the property. No public comment was presented. Commissioner Lack discussed the hours of operation with the applicant Commissioner Hoskins discussed the conditions of approval with staff and the applicant and stated that he would prefer that the hours of operation be extended to 8:00 a.m. to 6:00 p.m. in order to allow more flexibility in the applicant's operation. Motion: Commissioner Hoskins made a motion to approve the item, changing condition of approval 91 to allow the applicant to be open until 6 PM. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission January 24, 2011 Page 8 of 9 RZN 10-3732: Rezoning (2600 CROSSOVER RD./BROWN, 326): Submitted by BEN ISRAEL for property located at 2600 CROSSOVER ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 0.66 acre. The request is to rezone the subject property to R -O, Residential Office. Andrew Garner, Senior Planner, gave the staff report. Ben Israel, applicant, described the taking of some of this property required for the Crossover Road project and for his original intention to build some office on this property. Public Comment: Bob Sigafoos, 2689 East Hardy Lane, takes exception to the recommendation by City staff and Mr. Israel and is opposed to this rezoning. He made some personal comments about the commissioners. He discussed access along Crossover. This is a negative property for commercial because of the access. A portion of this property is currently used for grazing horses. He discussed that Highway 265 has a chance to remain a nice rural road. Dennis Bailey, 2748 East Mockernut Crossing (Hickory Park Subdivision), stated that he was grateful to the commissioner's volunteer time. He discussed that he is troubled by this request. He discussed previous plans to keep commercial uses to certain location around intersections on Crossover Road. He discussed issues with land use and zoning policy in the City of Fayetteville over the years and bad decisions over the decades. Patrick Brown, 2716 North Candlewood Drive, is directly adjacent to this property and is in support of the rezoning. This would not be detrimental to the Candlewood Subdivision. He requested that evergreen trees be planted along the property line bordering this property from Candlewood. Daphna Chandler, 2796 East Hardy Lane, lives directly across the street. She is concerned with office use in this location and would like it to stay residential. No more public comment was presented. Kit Williams, City Attorney, discussed that conditions such as requiring tree planting, cannot be required with a rezoning. Garner discussed the buffer requirement when a non-residential development occurs adjacent to a residential development. Commissioner Honchell discussed that he cannot support this, stating agreement with some of the public comments. He explained that until Crossover Road is improved he could not support this type of zoning. Commissioner Winston asked about the Neighborhood Services zoning district Garner explained that the Neighborhood Service zoning district is a form -based zoning which requires a build - to zone. With the long narrow configuration of this parcel it would not be possible to development this site under the Neighborhood Service zoning district because the build -to requirement could not be met and because parking would not be allowed in the build -to zone which would extend the full length of this parcel's street frontage. He discussed the rationale for why staff felt the R -A zoning was not appropriate and why the R -O zoning would be appropriate. He discussed that due to the shape and constraints on this parcel any development would be small scale and compatible with the surrounding neighbors, in staff s opinion. Planning Commission January 24, 2011 Page 9 of 9 Winston pointed out that the median island in front of this parcel would limit traffic in and out of this parcel. Commissioner Hoskins pointed out that there are other non-residential uses along Crossover Road including a church and a gymnastics center in the immediate in this area. Commissioner Chesser asked about Use Unit 12, Limited Business Garner read the description and some of the uses in Use Unit 12. Commissioner Chesser responded to one of the neighbor's comments that we are now trying to have more of a mix of uses that in the past. He discussed the undesireable area along North College Avenue mentioned by the neighbor was caused because uses were separated, forcing all of the automobile commercial uses in one area. He discussed that he felt the R -O zoning would be an transitional zoning between a busy road and a neighborhood. Kit Williams, City Attorney, pointed out that Use Unit 12, Limited Business, is a conditional use permit within the residential single family zonings and could be an option for this property. This would permit small offices as use as a conditional use, where the R -O zoning permits offices as -of -right. Motion: Commissioner Chesser made a motion to forward the item to the City Council with a recommendation for approval. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 7-1- 0, Commissioner Honchell voting `No'. There being no further business, the meeting was adjourned at 7.10 PM.