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HomeMy WebLinkAbout2012-01-09 MinutesPlanning Commission January 9, 2012 Page I of 14 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on January 9, 2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: December 12, 2011 Page 3 ACTION TAKEN Approved PLANNING COMMISSION BYLAW AMENDMENT Approved ADM 11-4017: Administrative Item (NORTHEAST CORNER OF FIFTH STREET/SOUTH SCHOOL/SYCAMORE LOFTS PH II, 523) Approved Page 3 New Business: ADM 11-4019: Administrative Item (NORTH SIDE OF MLK BETWEEN BLOCK AND EAST AVENUES/JACOBS, 523) Page 4 Denied ADM 11-4020: Administrative Item (333 W. LAFAYETTE ST./UNIVERSITY BAPTIST CHURCH, 484) Page 5 Approved LSD 11-3992: Large Scale Development (ECO DOWNTOWN, 484) Page 6 Approved CUP 11-4006: Conditional Use Permit (415 N. BROYLES AVE./RECYCLING DROP- OFF/EDUCATIONAL FACILITY, 476) Page 8 Approved LSD 11-4007: Large Scale Development (415 N. BROYLES AVE./RECYCLING DROP- OFF/EDUCATIONAL FACILITY, 476) Page 9 Approved CUP 11-3998: Conditional Use Permit (716 W. SYCAMORE ST./CANINE CONNECTION, 366) Page 10 Approved CUP 11-4010: Conditional Use Permit (131 W. ELM ST./MOLDENHAUER, 367) Page 12 Denied RZN 11-3999: Rezone (2514 W. LORI DR./RAZORBACK PARK GOLF COURSE, 285) Page 13 Forwarded Planning Commission January 9, 2012 Page 2 of 14 ADM 11-4018: Administrative Item (UDC CH. 172.10: BICYCLE PARKING RACK REQUIREMENTS) Page 12 Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Chris Griffin Porter Winston Matthew Cabe Kyle Cook STAFF PRESENT Andrew Garner Jesse Fulcher Data Sanders Glenn Newman CITY ATTORNEY Kit Williams, City Attorney Forwarded MEMBERS ABSENT Craig Honchell 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 January 9, 2012 Page 3 of 14 Consent. Approval of the minutes from the December 12, 2011 meeting. ADM 11-4017: Administrative Item (NORTHEAST CORNER OF FIFTH STREET/SOUTH SCHOOL/SYCAMORE LOFTS PH II, 523): Submitted by APPIAN, INC. for property located at the NORTHEAST CORNER OF FIFTH STREET/SOUTH SCHOOL AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.23 acre. The request is for approval of a shared parking agreement. Motion: Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission January 9, 2012 Page 4 of 14 New Business: ADM 11-4019: Administrative Item (NORTH SIDE OF MLK BETWEEN BLOCK AND EAST AVENUES/JACOBS, 523): Submitted by APPIAN, INC. for property located ON THE NORTH SIDE OF MARTIN LUTHER KING BOULEVARD BETWEEN BLOCK AVENUE AND EAST AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.00 acre. The request is for a variance of the Access Management Ordinance to allow for a curb cut onto Martin Luther King Boulevard, a Collector Street, when the property also has frontage onto lower classification streets. Andrew Garner, Senior Planner, presented the staff report. Evan Neiheus, applicant, discussed the request. No public comment was presented. Commissioner Earnest asked for clarification on the variance process and access management. Kit Williams, City Attorney, described the variance procedures listed in both chapters 166 and 156 of the Fayetteville Unified Development Code. Garner discussed the variance process and staff s recommendation for this request. Commissioner Earnest discussed reasons why he did not agree with the variance request. Commissioner Hoskins asked about the design of the homes addressing the side streets instead of MLK. Evan Neihues, applicant, discussed that what they are proposing will be a good situation and that the shared drive will function like a center alley. Commissioner Hoskins asked about property values being diminished by not addressing MLK and discussed safety issues with accessing MLK. Evan Neihues, applicant, discussed the proposed efficiency and design of the six lots and preservation of trees within the platted alley adjacent to the north. Garner discussed that there is a platted undeveloped alley along the north property line, however it was somewhat of an economic hardship for the applicant to construct a public alley along the north property line and then construct the rear shared driveway for these lots as proposed. Commissioner Hoskins stated that they have made a good case. Commissioner Cabe discussed that MLK carries a lot of traffic and disagrees with staff and is not in support of the variance. Commissioner Earnest discussed mature trees along the north property line, and concerns with this not meeting the access management ordinance. Commissioner Cabe discussed that the developer created the hardship and that there are other options to access this site. Planning Commission January 9, 2012 Page 5 of 14 Commissioner Chesser gave reasons for the variance including that this was one curb cut for six units. It is somewhat unreasonable to eliminate every single curb cut for this block onto MLK. Motion• Commissioner Winston made a motion to approve ADM 11-4019. Commissioner Chesser seconded the motion. Upon roll call the motion failed with a vote of 3-5-0 (Commissioners Cabe, Bunch, Cook, Hoskins, Earnest voting `No'). Planning Commission January 9, 2012 Page 6 of 14 ADM 11-4020: Administrative Item (333 W. LAFAYETTE STJUNIVERSITY BAPTIST CHURCH, 484): Submitted by MCCLELLAND CONSULTING ENGINEERING for property located at 333 WEST LAFAYETTE STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.47 acres. The request is for a shared parking agreement for 62 parking spaces. LSD 11-3992: Large Scale Development (ECO DOWNTOWN, 484): Submitted by MCCLELLAND CONSULTING ENGINEERING for property located southwest of intersection of WEST LAFAYETTE STREET AND NORTH CAMPBELL AVENUE (ECO DOWNTOWN). The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.47 acres. The request is for a multi -family apartment building containing 250 units and an enclosed parking garage. Dara Sanders, Current Planner, presented the staff report. Seth Mims, applicant, presented the project, expressed agreement with conditions of approval, discussed the ways in which the proposal meets the guiding policies of City Plan 2030, and addressed the variance request from the height regulations of the DG, Downtown General, zoning district. Public Comment: Joe (inaudible), neighbor, discussed the project's location within the Entertainment District Parking Program, use of the parking lot for motorcycles during Bikes Blues and Barbeque, and construction traffic associated with the development of the site. Mikel Lolley, Fayetteville resident, discussed his support for the development, the Transportation Oriented Development aspects of the project, and the way in which the project works to frame the view of Old Main, which strengthens the view instead of detracting from it. He discussed the importance of walkability and attainable housing and encouraging diversity. Stephan Pollard, neighbor, discussed the walkability of the downtown area and the subject property and expressed support for the project. No more public comment was presented Commissioner Cabe and Sanders discussed the effect of the Entertainment District Parking Program on the subject property and that the subject property is not subject to the residential parking passes, the impacts of the development on the motorcyclists' ability to park within the Bikes, Blues, and Barbeque event boundary. Commissioner Cabe and Glenn Newman, Staff Engineer, discussed the ability and implications of utilizing Lafayette Street as a construction entrance. Commissioner Chesser discussed with staff the height of the structure, the way in which height is measured, and elements that are excluded from the building height. He believes that the height measurement is a poorly written ordinance. He discussed the proposed design of the building fagades and his support for the project. Commissioner Earnest discussed the advantages of the project and encouraged the developer to participate in on-site recycling. Commissioner Winston believes that this project is moving the City closer toward a walkable community and made a motion to approve the project. Planning Commission January 9, 2012 Page 7 of 14 Commissioner Cabe believes that one of the elevations is too tall but will support the project. Commissioner Cook has concerns with traffic flow to and from the site but will support the project. Motion: Commissioner Winston made a motion to approve LSD 11-3992 finding in favor of all conditions of approval as recommended by staff in the staff report. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Motion: Commissioner Winston made a motion to approve LSD 11-4020 finding in favor of all conditions of approval as recommended by staff in the staff report. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission January 9, 2012 Page 8 of 14 CUP 11-4006: Conditional Use Permit (415 N. BROYLES AVE./RECYCLING DROP- OFF/EDUCATIONAL FACILITY, 476): Submitted by THE CITY OF FAYETTEVILLE for property located at 415 NORTH BROYLES AVENUE. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 3.00 acres. The request is to allow Community Recycling Drop off Facility, Use Unit 2, in an R -A zoning district. Jesse Fulcher, Current Planner, presented the staff report Zane Lewis and Allison Atha, applicants, where present. No public comment was presented. Commissioner Earnest asked about the hours of operation Atha stated that they had studied the other facility and the heaviest use occurred between 7 a.m. and 4 p.m. The facility can't be open all the time, since the city is staffing this site. Commissioner Hoskins asked if the containers would be screened, similar to commercial developments. Fulcher stated that the containers were different than dumpsters that had to be screened, and the idea was for this facility to be open and visible to the public. Dara Sanders, current planner, stated that this was a institutional facility and not subject to commercial design standards. Motion: Commissioner Chesser made a motion to approve CUP 11-4006 with all recommended conditions. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission January 9, 2012 Page 9 of 14 LSD 11-4007: Large Scale Development (415 N. BROYLES AVE./RECYCLING DROP- OFF/EDUCATIONAL FACILITY, 476): Submitted by THE CITY OF FAYETTEVILLE for property located at 415 NORTH BROYLES AVENUE. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 3.00 acres. The request is for a community recycling drop-off and educational facility. Jesse Fulcher, Current Planner, presented the staff report. Zane Lewis and Allison Atha, applicants, where present. No public comment was presented. Motion: Commissioner Chesser made a motion to approve CUP 11-4007 with all recommended conditions. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. CUP 11-3998: Conditional Use Permit (716 W. SYCAMORE ST./CANINE CONNECTION, 366): Planning Commission January 9, 2012 Page 10 of 14 Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at 716 WEST SYCAMORE STREET. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.88 acre. The request is to allow Animal Boarding and Training, Use Unit 43, in a C-2 zoning district. Andrew Garner, senior planner, presented the staff report. Bob Kelley, applicant's architect, discussed the proposed project and issues with dog barking being covered under existing laws. Kit Williams, City Attorney, discussed the regulation of dog barking and that even though dog barking is regulated under a different ordinance that issue could be considered by the commissioners under this conditional use. Bob Kelley, applicant, stated that they do not have ugly dogs and that the dogs will be kept behind fences. The intent is to keep dogs about 50 yards away from things that they would bark at. He discussed that the adjoining property owners have no problem with this request and read and passed out emails from these owners. Valorie Murphy, owner/applicant, discussed their business and the reasons that they need to move and expand. She discussed the outdoor greenspace that will be used by the dogs. Commissioner Griffin stated that he currently has a dog in this facility's training program and asked the City Attorney if that is a conflict for him to discuss and vote on this item. Williams discussed that because Commissioner Griffin does not have a financial interest in this business that him being a customer of this business does not disqualify him. The other commissioners gave a general consensus that they also did not think Commissioner Griffin needed to recuse. Julia Dora, customer of the applicant, discussed that she has been a customer of Valerie's for many years and that the dogs are not loud all the time. Dianna Nagle, co -trainer at Canine Connection, discussed outdoor dog training in the outdoor space during evenings and that they do not tolerate barking. No more public comment was presented. Commissioner Griffin discussed his dog is in a class at this business now. He discussed that the dogs that do agility training do not bark as much as typical dogs. This is a very professional operation. He is not concerned with the noise from barking. The apartments around here will make more noise than this business and that the storage facility to the west will not be an issue. Commissioner Chesser discussed that this is a fairly noise area. He is not swayed from the letters from the property manager as they do not live in the surrounding apartments. Commissioner Cabe asked how many dogs would be outside at one time. Planning Commission January 9, 2012 Page 11 of 14 Valorie Murphy discussed that 15 dogs at one time would be outside. Commissioner Cabe asked about a previous dog day care application several years ago and a condition of approval related to dog barking. Garner discussed a condition of approval related to dog barking could be included. Williams read a potential condition of approval regarding dog barking. Valorie Murphy stated that they could agree to the condition of approval read by the City Attorney because they have to let their dogs outside before 8 AM in the morning. Commissioner Chesser discussed that noise in this area from a train coming by at 5:30 AM would be compounded by dogs going outside at 6:30 AM. Commissioner Winston that we have denied some of these in the past and that it is time to do an experiment and approve one and see if it works. Motion: Commissioner Winston made a motion to approve CUP 11-3998 with all recommended conditions, and with the addition of Condition #7 stating that no more that five dogs shall be allowed outside between the hours of 9 PM and 6:30 AM. Commissioner Cook seconded the motion. Williams read Condition #7 as added by Commissioner Winston as follows: "No more than five dogs shall be allowed in the play area outside the building during the hours of9 PMto 6,-30 AM daily. If the facility, its owner or operator, is convicted for excessive noise or other violations, this conditional use may be revoked or further conditions imposed. " Upon roll call the motion passed with a vote of 8-0-0. CUP 11-4010: Conditional Use Permit (131 W. ELM ST./MOLDENHAUER, 367): Submitted by BATES AND ASSOCIATES for property located at 131 WEST ELM STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 1.84 acres. The Planning Commission January 9, 2012 Page 12 of 14 request is to allow a tandem lot. Andrew Garner, senior planner, presented the staff report. Derrick Thomas, applicant, discussed that they understood for a while that staff was recommending denial but was looking for direction and a decision from the commission on the proposed tandem lot. He discussed that the applicant only wanted one large lot at the back. Commissioner Hoskins asked if a street could be built or if there were site constraints such as evidence of springs or wetlands. Derrick Thomas, applicant, discussed that he was the surveyor and described drainage patterns going through this property and that was why he included a drainage ditch on the survey, although it was not a stream. He said there could potentially be wetlands. Commissioner Chesser asked about the tandem lot findings, lot size and street frontage. Garner discussed the tandem lot findings and that the proposed lot size was comparable to surrounding areas but that a street could be feasibly constructed. Commissioner Winston discussed that he does not have enough information to vote for or against this application because he is not sure whether or not a road could be built through the property. He would need to walk the property to evaluate this further. Motion#1 : Commissioner Winston made a motion to table CUP 11-4010. Commissioner Earnest seconded the motion. Upon roll call the motion failed with a vote of 3-4-1 (Cook recused). Motion #2: Commission Griffin made a motion to approve CUP 11-4010 with all recommended conditions. Commissioner Hoskins seconded the motion. Upon roll call the motion failed with a vote of 2-5-1 (Cook recused). Request denied RZN 11-3999: Rezone (2514 W. LORI DR./RAZORBACK PARK GOLF COURSE, 285): Submitted by RON CAVINESS for property located at 2514 WEST LORI DRIVE. The property is zoned RSF-1, RESIDENTIAL SINGLE-FAMILY, 1 UNIT PER ACRE and contains approximately 37.11 acres. The request is to rezone a portion of the property to R -A, RESIDENTIAL AGRICULTURAL. Planning Commission January 9, 2012 Page 13 of 14 Jesse Fulcher, Current Planner, presented the staff report. Ron Caviness, applicant, stated that the rezoning was necessary to build new facilities for the course. No public comment was presented. Motion: Commissioner Chesser made a motion to forward with a recommendation for approval. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. ADM 11-4018: Administrative Item (UDC CH. 172.10: BICYCLE PARKING RACK REQUIREMENTS): Submitted by THE CITY OF FAYETTEVILLE PLANNING DIVISION. The request is for an ordinance to amend and clarify the Unified Development Code section 172.10: Bicycle Parking Rack Requirements. Planning Commission January 9, 2012 Page 14 of 14 Leif Olson, Strategic Planning, presented the staff report. No public comment was presented. Commissioner Hoskins asked that the item be tabled for additional discussion about ratios for certain uses, such as funeral parlors, body shops, etc. There are some locations where bicycle parking doesn't make sense. Commissioner Cabe stated that the ordinance was clearer. Motion: Commissioner Cabe made a motion to forward with a recommendation for approval. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 6-2-0 (Hoskins and Griffin voting `no') There being no further business, the meeting was adjourned at 8:10 PM.