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Home My WebLink About2011-07-11 MinutesPlanning Commission July 11, 2011 Page I of 10 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on July 11, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: June 27, 2011 Page 3 ACTION TAKEN Approved ADM 11-3873: Administrative Item (UDC AMENDMENTS TREE PRESERVATION) Page 3 Forwarded New Business: ADM 11-3884: Administrative Item (FAYETTEVILLE POLICE DEPARTMENT, 213) Page 4 Tabled CUP 11-3868: Conditional Use Permit (255 E. SUNBRIDGE/BRUCE LEE MUSEUM, 290) Page 5 Approved ADM 11-3869: Conditional Use Permit (255 E. SUNBRIDGE CURB CUT VARIANCE, 290) Page 5 Approved CUP 11-841: Conditional Use Permit (15 W. MOUNTAIN & 1 W. CENTER, 523) Page 6 Tabled CUP 11-3867: Conditional Use Permit (112 E. CENTER ST./CLUB LUSH, 484) Page 7 Tabled RZN 11-3870: Rezone (2012 W. MARTIN LUTHER KING BLVDJUSA DRUG, 520) Page 8 Forwarded RZN 11-3866: Rezone (2013 E. MISSION BLVD./RUSKIN HEIGHTS, 370/371) Page 9 Tabled MEMBERS PRESENT Craig Honchell Sarah Bunch Hugh Earnest Tracy Hoskins Chris Griffin Porter Winston Matthew Cabe Kyle Cook MEMBERS ABSENT William Chesser July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 1 of 10 Planning Commission July 11, 2011 Page 2 of 10 STAFF PRESENT Andrew Garner Jesse Fulcher Dara Sanders Jeremy Pate CITY ATTORNEY Kit Williams, City Attorney 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 with the exception of Commissioner Chesser. July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 2 of 10 Planning Commission July 11, 2011 Page 3 of 10 Commissioner Winston requested ADM 11-3884 (Fayetteville Police Department) to be pulled from the consent agent as requested by staff. Consent. Approval of the minutes from the June 27, 2011 meeting. ADM 11-3873: Administrative Item (UDC AMENDMENT CH. 167 TREE PRESERVATION AND PROTECTION): Submitted by GREG HOWE, URBAN FORESTER to amend Chapter 167, Tree Preservation and Protection with general updates, revisions and minimal new language. Motion: Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 3 of 10 Planning Commission July 11, 2011 Page 4 of 10 New Business: ADM 11-3884: Administrative Item (Masonic Drive/Fayetteville Police Department, 213): Submitted by the FAYETTEVILLE POLICE DEPARTMENT for property located at 1106 MASONIC DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0. 13 acres. The request is to amend the conditions of approval for an existing 140 foot flag -pole cellular tower approved by CUP 09-3284 Motion: Commissioner Winston made a motion to table ADM 11-3884 indefinitely. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 4 of 10 Planning Commission July 11, 2011 Page 5 of 10 CUP 11-3868: Conditional Use Permit (255 E. SUNBRIDGE DR./BRUCE LEE MUSEUM, 290): Submitted by ENGINEERING DESIGN ASSOCIATES for property located at 255 EAST SUNBRIDGE DRIVE. The property is zoned R -O, RESIDENTIAL OFFICE AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 3.38 acres. The request is for Use Unit 4, Cultural and Recreational Use, for a museum, in the R -O zoning, and for additional parking spaces above the maximum. ADM 11-3869: Administrative Item (255 E. SUNBRIDGE DR./BRUCE LEE MUSEUM, 290): Submitted by ENGINEERING DESIGN ASSOCIATES for property located at 255 EAST SUNBRIDGE DRIVE. The property is zoned R -O, RESIDENTIAL OFFICE AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 3.38 acres. The request is for a variance of UDC Section 166.08 (F) to permit access off of Sunbridge Drive, a Collector Street. Andrew Garner, Senior Planner, gave the staff report. Kim Hesse, applicant, introduced herself and described the request. Commissioner Earnest asked about using low impact development stormwater treatment, including pervious pavement, in the parking lot. Kim Hesse, applicant answered that yes they are looking at that. Motion (CUP 11-3868): Commissioner Winston made a motion to approve CUP 11-3868 as recommended by staff. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Motion (ADM 11-3869): Commissioner Winston made a motion to approve ADM 11-3869 as recommended by staff. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 5 of 10 Planning Commission July 11, 2011 Page 6 of 10 CUP 11-3841: Conditional Use Permit (15 W. MOUNTAIN AVE. & 1 W. CENTER ST./DICKEY, 523): Submitted by ALEXANDER DICKEY for properties located at 15 WEST MOUNTAIN AVENUE and 1 WEST CENTER STREET. The properties are zoned MSC, MAIN STREET CENTER and P-1, INSTITUTIONAL and are on the public sidewalk. The request is for approval of a conditional use permit to allow an 8 foot by 5 foot sidewalk vendor cart to be on the sidewalk on the north side of the Fayetteville Square. No staff report or public comment was presented. Motion: Commissioner Winston made a motion to approve CUP 11-3841, as recommended by staff. Commissioner Griffin seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 6 of 10 Planning Commission July 11, 2011 Page 7 of 10 CUP 11-3867: Conditional Use Permit (112 E. CENTER ST./CLUB LUSH, 484): Submitted by MICHAEL ANDREWS for property located at 112 W. CENTER, SUITE 100, EJ BALL BUILDING. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0. 19 acres. The request is for Use Unit 29 (Dance Hall). No staff report or public comment was presented. Motion: Commissioner Winston made a motion to table CUP 11-3867 until the July 25, 2011 Planning Commission meeting. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 8-0- 0. July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 7 of 10 Planning Commission July 11, 2011 Page 8 of 10 RZN 11-3870: Rezone (2012 W. MARTIN LUTHER KING BLVDJUSA DRUG, 520): Submitted by H2 ENGINEERING, INC. for property located at 2012 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS/ACRE and C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.97 acres. The request is to rezone 0.30 acres of the property to C-1, NEIGHBORHOOD COMMERCIAL. Jesse Fulcher, Current Planner, presented the staff report and recommendation. Commissioner Earnest asked staff about zoning the property to Urban Thoroughfare. Fulcher stated that the land use in this area is consistent with conventional highway commercial development, and rezoning the back half of the property to Urban Thoroughfare wouldn't change the development form along the front of the property that is zoned C-2. Kipp Hearn, applicant, stated that the C -I zoning is a good transition for this property and will allow the new owners to redevelop the property. Earnest stated that it looks like an opportunity for a form -based development. Commissioner Hoskins asked staff to speak about the various zoning recommendations for several properties along Martin Luther King Boulevard. Fulcher discussed several previous rezoning requests and the justification for staffs recommendations. Motion: Commissioner Winston made a motion to forward RZN 11-3870 to City Council with a recommendation for approval. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 7- 1-0 (Commissioner Earnest voting `no'). July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 8 of 10 Planning Commission July 11, 2011 Page 9 of 10 RZN 11-3866: Rezone (2013 E. MISSION BLVD./RUSKIN HEIGHTS, 370/371): Submitted by JORGENSEN & ASSOCIATES forproperty located at 2013 EAST MISSION BOULEVARD. Theproperty is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 28.93 acres. The request is to rezone the property to CS, COMMUNITY SERVICES; NC, NEIGHBORHOOD CONSERVATION; AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE. Andrew Garner, Senior Planner, presented the staff report and recommendation. Justin Jorgensen, applicant, gave background for the rezoning and requested that the planning commission table this item for two weeks to allow them to provide a Bill of Assurance and other issues to be worked out. Public Comment: JoAnne Kvamme, neighbor, discussed that that are concerned about the bank getting a rezoning. There has been no contact at all about the rezoning. She discussed hillside, erosion, tree conservation, traffic on Mission. There is no place to walk, no reference to access onto Greenview. We want a smooth gradual transition from our neighborhoods. Pamela Conner, 1686 Shadowridge, discussed that there is no plan, nothing to look at, we don't know the developer. Would you want this? Don Conner, 1686 Shadowridge, discussed that this needs to have RSF-4 adjacent to all other RSF-4, including the Greenview entrance. This needs to be brought back to the original zone until a developer presents a plan. Neighborhood Conservation would allow duplexes all the way through. Four-story apartments are permitted in Community Services. Fred Sherman, 2134 Camelot, didn't agree with the previous Planning Commission's decision on Ruskin Heights. The previous decision waived a lot of hillside and grading ordinances. There are 75 stores within a half mile of Park Place, 10 stores are vacant. Put sidewalks on both sides of Mission so we can walk to these businesses. He doesn't want to see the backs of businesses or apartments. Aubrey Shepherd, discussed watershed, hillside, and erosion issues. A zoning consideration should be tied to development. Brad Booth, 2220 Camelot, agreed that the rezoning should be tied to an actual plan, what will be there. Mike Eggleston, 2146 Camelot, his bedroom is 10 yards from Ruskin Heights. Leave it like it is or allow a similar development. Janelle Booth, 2220 Camelot, this is not a walking community on Mission, we need sidewalks on Mission. This should go back to the previous zoning of RSF-4. No more public comment was presented. Commissioner Griffin asked why they are requesting this be tabled. Justin Jorgensen, applicant, discussed that there is a potential buyer for a portion of this site and they want to make sure the zoning boundary matches the area the potential buyer is looking at. July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 9 of 10 Planning Commission July 11, 2011 Page 10 of 10 Kit Williams, City Attorney, discussed that the law requires zoning without development. You must look at what the proposed zoning would allow. Commissioner Hoskins discussed that this is similar to the recent rezoning for Summit on Township on a hillside. He has always been a fan of a PZD and discussed the reasons for a PZD. He asked about the street improvements on Mission. Jeremy Pate, Development Services Director, reviewed the various street improvements that were required and have been completed with the first phase of the Ruskin Heights development. The next development will be reviewed and similar street improvements may be required as were previously required with Ruskin Heights. Commissioner Hoskins asked about administrative approval for a form -based code. Pate discussed that a subdivision would require planning commission approval of a preliminary plat, which would likely be the first step after a rezoning of this site. Commissioner Hoskins asked if PZDs could be reinstated as they were. Williams answered, no, and explained why a PZD cannot be reinstated. He discussed that the previous owners committed to things in the PZD and there are different owners. The only way a PZD is legal is because it is an option. A PZD cannot be forced. To force someone to do a PZD would be contract zoning which is not legal. Commissioner Honchell discussed that the proposed zoning that he is looking at is very similar to what the previous Ruskin Heights proposed. Do members of the public have a way to see what the Planning Commissioners have seen? Garner discussed that all of the Ruskin Heights rezoning application materials have been posted on the City's FTP site and the neighbors have been emailed the website link. Commissioner Earnest asked the applicant to work with the neighbors. Justin Jorgensen, applicant, discussed that they will be happy to work with the neighbors Williams discussed that the previous variances for Ruskin Heights are not grandfathered for the next development on this site. Motion: Commissioner Earnest made a motion to table RZN 11-3866 until the July 25, 2011 Planning Commission meeting. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 7-1-0 (Commissioner Griffin voting `no'). There being no further business, the meeting was adjourned at 6:46 PM. July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 10 of 10