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HomeMy WebLinkAbout2011-05-09 MinutesPlanning Commission May 9, 2011 Page I of 12 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on May 9, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: May 9, 2011 Page 3 New Business: ACTION TAKEN Approved CUP 11-3825: Conditional Use Permit (1633, 1641, and 1645 DEANE ST., 365) Page 4 Approved CUP 11-3811: Conditional Use Permit (339 WEST AVENUE/ROCK BOTTOM, 484) Page 5 Tabled 11-3790: Conditional Use Permit (2356 N. COLLEGE/MONTES, 329) Page 6 Approved RZN 11-3804: Rezone (EAST SQUARE DEVELOPMENT, 523) Page 7 Forwarded RZN 11-3805: Rezone (FALLING WATERS, 685) Page 8 Forwarded RZN 11-3806: Rezone (WOODBURY, 137) Page 9 Forwarded RZN 11-3807: Rezone (CHAMPIONS CLUB CONDOS, 599) Page 11 Forwarded RZN 11-3808: Rezone (WESTSIDE STORAGE, 400) Page 12 Forwarded Planning Commission May 9, 2011 Page 2 of 12 Craig Honchell William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston Matthew Cabe Kyle Cook STAFF PRESENT Andrew Garner Dara Sanders CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT Sarah Bunch STAFF ABSENT Jeremy Pate Jesse Fulcher Glenn Newman Karen Minkel Matt Casey 5:30 PM- Planning Commission Chair Matthew Cabe called the meeting to order. Commissioner Cabe 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 May 9, 2011 Page 3 of 12 Consent. Approval of the minutes from the May 9, 2011 meeting. 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 7-0-0. (Commissioner Chesser arrived after the consent agenda.) Planning Commission May 9, 2011 Page 4 of 12 New Business: CUP 11-3825: Conditional Use Permit (1633, 1641, AND 1645 DEANE STREET, 365): Submitted by JORGENSEN AND ASSOCIATES for property located at 1633, 1641, AND 1645 DEANE STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE and contains approximately 1.69 acre. The request is to allow a tandem lot on the subject property. Andrew Garner, Senior Planner gave the staff report, requesting that the commission strike condition of approval #6. Tim Brisiel, applicant discussed their request and stated agreement with the recommended conditions of approval. No public comment was presented. Commissioner Cook asked if this was a similar request as the last one. Garner stated that yes it was almost identical to the previous request. Kit Williams, City Attorney, discussed condition of approval #6 is not needed because it is required by ordinance. Motion: Commissioner Cook made a motion to approve CUP 11-3825 striking condition of approval #6. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission May 9, 2011 Page 5 of 12 CUP 11-3811: Conditional Use Permit (339 WEST AVENUE/ROCK BOTTOM, 484): Submitted by ZAC WOODEN for property located at 339 WEST AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.75 acre. The request is for outdoor music in the parking lot which requires a conditional use permit for Use Unit 35, Outdoor Music, and a reduction of required parking spaces pursuant to Chapter 172, Parking and Loading. Andrew Garner, Senior Planner, gave the staff report discussing that staff is working with the applicant to modify this request and that staff recommends this item be tabled. Paula Marinoni, neighbor, discussed that music at this location has always been a problem. The neighbors are against outdoor music. Motion: Commissioner Chesser made a motion to table this request until the May 23, 2011 Planning Commission meeting. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8-0- 0. Planning Commission May 9, 2011 Page 6 of 12 CUP 11-3790: Conditional Use Permit (2356 N. COLLEGEIMONTES, 329): Submitted by CHRIS SHIRLEY for property located at 2356 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.61 acre. The request is for parking in excess of that permitted in Chapter 172, Parking and Loading. Dara Sanders, Current Planner, gave the staff report discussing that staff is working with the applicant to modify this request and that staff recommends this item be tabled. Chris Shirley, applicant, discussed that there is adequate parking for both businesses. No public comment was presented. Commissioner Winston discussed that it appeared there was an adequate number of spaces. Commissioner Cook asked about shared parking for surrounding businesses. Motion: Commissioner Winston made a motion to approve CUP 11-3790. Commissioner Kennedy seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission May 9, 2011 Page 7 of 12 RZN 11-3804: Rezone (EAST SQUARE DEVELOPMENT, 523): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for property located at the NORTHWEST CORNER OF MOUNTAIN STREET AND COLLEGE AVENUE. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT 05-1610 and contains approximately 1.01 acres. The request is to revoke the PZD pursuant to 166.06(C) and rezone the subject property to DC, DOWNTOWN CORE. Dara Sanders, Current Planner, gave the staff report No public comment was presented. Commissioner Hoskins, discussed expired PZDs and asked about vacant lots in PZD developments. Andrew Garner, Senior Planner, discussed the phasing process and deadlines for different types of PZDs. Commissioner Hoskins stated that in general he felt it would be better to leave PZDs dead. Sanders stated that staff felt this site was appropriate to be rezoned to DC, Downtown Core. Commissioner Kennedy asked about how the approved PZD related to what is proposed. Sanders discussed the difference in height between the approved PZD and proposed DC zoning. Motion: Commissioner Chesser made a motion to forward RZN 11-3804 to City Council with a recommendation of approval. Commissioner Kennedy seconded the motion. Upon roll call the motion passed with a vote of 8- 0-0. Planning Commission May 9, 2011 Page 8 of 12 RZN 11-3805: Rezone (FALLING WATERS, 685): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for property located EAST OF DEAD HORSE MOUNTAIN ROAD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 05-1635 and contains approximately 13 6.70 acres. The request is to revoke the PZD pursuant to 166.06(C) and rezone the subject property to R -A, RESIDENTIAL AGRICULTURAL. Andrew Garner, Senior Planner, gave the staff report. No public comment was presented. Motion: Commissioner Kennedy made a motion to forward RZN 11-3805 to City Council with a recommendation of approval. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0- 0. Planning Commission May 9, 2011 Page 9 of 12 RZN 11-3806: Rezone (WOODBURY, 137): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for property located SOUTH OF ZION ROAD AND EAST OF TALIESIN LANE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 06-2190 and contains approximately 11.66 acres. The request is to revoke the PZD pursuant to 166.06(C) and rezone the subject property to NC, NEIGHBORHOOD CONSERVATION. Dara Sanders, Senior Planner, gave the staff report. Marla Williams, lives on Taliesin Lane west of this neighborhood as what the Neighborhood Conservation zoning means? Sanders described the Neighborhood Conservation zoning district. Commissioner Hoskins asked about public notification. Sanders explained that the standard notification requirements for a rezoning were met. No more public comment was presented. Commissioner Hoskins discussed the existing infrastructure in this neighborhood and the difficulty of developing under the Neighborhood Conservation zoning. Kit Williams, City Attorney, discussed that he was in favor of rezoning these properties. The PZD has expired and the property needs to be zoned something that can be utilized. Commissioner Kennedy asked about the email from Debbie Santeford regarding street lights and private streets. Andrew Garner, Senior Planner, discussed private street requirements. Williams discussed that maintenance of private streets are the responsibility of the POA. Commissioner Chesser discussed that in the fixture if someone wants to do a PZD with private streets that maybe the City could require a guarantee up front to ensure that these issues are avoided. Commissioner Honchell asked about the rights of existing property owners in the neighborhood. Williams discussed that he doesn't think the City is taking away rights with the proposed rezoning. Commissioner Hoskins, discussed reasons of concern for rezoning this expired PZD. He recommended that on something like this if it needs to be rezoned it should go back to the R -A zoning that was in place before the PZD. Williams discussed background for private covenants within neighborhoods. Commissioner Hoskins discussed that that one majority vote, the bank, could outvote all the existing property owners that own houses in this neighborhood Planning Commission May 9, 2011 Page 10 of 12 Motion• Commissioner Chesser made a motion to forward RZN 11-3806 to City Council with a recommendation of approval. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 6-2- 0 (Commissioners Honchell and Hoskins voting `No'). Planning Commission May 9, 2011 Page 11 of 12 RZN 11-3807: Rezone (CHAMPIONS CLUB CONDOS, 599): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for property located at the SOUTHWEST CORNER OF RAZORBACK ROAD AND 15TH STREET, EAST OF THE CROWNE APARTMENT. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 07-2551 and contains approximately 4.42 acres. The request is to revoke the PZD pursuant to 166.06(C) and rezone the subject property to UT, URBAN THOROUGHFARE. Andrew Garner, Senior Planner, gave the staff report. No public comment was presented. Commissioner Cook, asked about this expired PZD reverting back to the original zoning Kit Williams, City Attorney, discussed that his initial opinion was that expired PZDs should revert back to the previous zoning, however, he stated that this project is a good example of why it shouldn't automatically revert back to the original zoning because it would go back to an Industrial zoning, which is not appropriate at this time. Motion: Commissioner Kennedy made a motion to forward RZN 11-3807 to City Council with a recommendation of approval. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 8- 0-0. Planning Commission May 9, 2011 Page 12 of 12 RZN 11-3808: Rezone (WESTSIDE STORAGE, 400): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for property located at 1192 RUPPLE ROAD. The property is zoned I-PZD, INDUSTRIAL PLANNED ZONING DISTRICT 08-3062 and contains approximately 5.05 acres. The request is to revoke the PZD pursuant to 166.06(C) and rezone the subject property to R -O, RESIDENTIAL OFFICE. Dara Sanders, Senior Planner, gave the staff report discussing that staff is working with the applicant to modify this request and that staff recommends this item be tabled. No public comment was presented. Commissioner Cook, asked about comments from the property owner. Andrew Garner, Senior Planner, discussed that he had not personally spoken with the property owner, but that he believed the Development Services Director had talked to the property owner who discussed that he hoped the I-PZD project would go through, but understood the rationale for it going back to R -O since the PZD has expired. Commissioner Kennedy asked about access Kit Williams, City Attorney, discussed previous Bills of Assurance addressed issues regarding access and tree preservation. He recommended that these previous Billis of Assurance be discussed further before the rezoning is approved. Motion: Commissioner Cook made a motion to forward RZN 11-3808 to City Council with a recommendation of approval. Commissioner Hoskins 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 7.00 PM.