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HomeMy WebLinkAbout2012-04-09 MinutesPlanning Commission April 9, 2012 Page I of 15 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on April 9, 2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: March 12, 2012 Page 3 Old Business: ACTION TAKEN Approved ADM 12-4062: Administrative Item (3484 W. WEDINGTON/CROSS CHURCH, 401): Page 4 Tabled CUP 12-4060: Conditional Use Permit (3575 N. SHILOH DR./SIEBERT, 173): Page 5 Tabled CUP 12-4061: Conditional Use Permit (3078 N. COLLEGE AVE./SIEBERT, 252): Page 6 Tabled New Business: ADM 12-4093: Administrative Item (N. OF COBBLESTONE PH I/COBBLESTONE PH III, 246): Tabled CUP 12-4070: Conditional Use Permit (401 S. SANG AVE./FAYETTEVILLE TRACK AND FIELD, 520): Approved LSD 12-4071: Large Scale Development (401 S. SANG AVE./FAYETTEVILLE TRACK AND FIELD, 520): Approved LSD 12-4072: Large Scale Development (CMN BUSINESS PARK, LOT 9A/ACADEMY SPORTS, 173): Approved CUP 12-4066: Conditional Use Permit (431 W. PATRICIA LN./CENTER, 406): Denied CUP 12-4069: Conditional Use Permit (1629 N. CROSSOVER RD./GREENING, 410): Approved May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 1 of 16 Planning Commission April 9, 2012 Page 2 of 15 MEMBERS ABSENT Craig Honchell Sarah Bunch William Chesser Blake Pennington Tracy Hoskins Porter Winston Matthew Cabe Kyle Cook Ryan Noble STAFF PRESENT Andrew Garner Jesse Fulcher Glenn Newman ASSISTANT CITY ATTORNEY Jason Kelly, Assistant City Attorney 5:30 PM - Planning Commission Chairman Porter Winston called the meeting to order. Chairman Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 2 of 16 Planning Commission April 9, 2012 Page 3 of 15 Consent. Approval of the minutes from the March 26, 2012 meeting. Motion• Commissioner Cabe made a motion to approve the Consent Agenda. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 3 of 16 Planning Commission April 9, 2012 Page 4 of 15 NewBusiness: ADM 12-4062: Administrative Item (3484 W. WEDINGTON/CROSS CHURCH, 401): Submitted by CROSS CHRUCH FAYETTEVILLE for property located at 3484 WEST WEDENGTON DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The request is for a modification to the approved CUP 10-3501 to increase the maximum number of people attending services to 704 during peak hours. No staff report was presented. Motion: Commissioner Cook made a motion to table ADM 12-4062 until the April 23, 2012 Planning Commission meeting. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 4 of 16 Planning Commission April 9, 2012 Page 5 of 15 CUP 12-4060: Conditional Use Permit (3575 N. SHILOH DR./SIEBERT, 173): Submitted by ERIC SIEBERT for property located at 3575 NORTH SHILOH DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.61 acres. The request is to allow for a temporary retail structure to remain on the property for longer than 90 days (Use Unit 2). No staff report was presented. Motion: Commissioner Cabe made a motion to table CUP 12-4060 indefinitely. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 5 of 16 Planning Commission April 9, 2012 Page 6 of 15 CUP 12-4061: Conditional Use Permit (3078 N. COLLEGE AVEJSIEBERT, 252): Submitted by ERIC SIEBERT for property located at 3078 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.88 acre. The request is to allow for a temporary retail structure to remain on the property for longer than 90 days (Use Unit 2). No staff report was presented. Motion: Commissioner Chesser made a motion to table CUP 12-4061 indefinitely. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 6 of 16 Planning Commission April 9, 2012 Page 7 of 15 ADM 12-4093: Administrative Item (N. OF COBBLESTONE PH I/COBBLESTONE PH I11, 246): Submitted by JORGENSEN AND ASSOCIATES for property located NORTH OF COBBLESTON PHASE I. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 25 acres. The request is for variances of the block length and master street plan cross section requirements for development of Phase III of the Cobblestone Subdivision. Andrew Garner, Senior Planner, gave the staff report. Blake Jorgensen, applicant, passed out revised plans. He discussed that water and sewer is in some locations. Plans are already done. This would be a complete re -do to make the plans meet the City ordinance. He discussed their proposal to add traffic calming at mid -blocks. He discussed the variances. Charlie Sloan, developer, discussed that the rules have changed and that they are trying to build affordable homes. Mark Marquist, developer, discussed that he purchased Phases I and II Cobblestone. He discussed the spirit of the subdivision has been successful. We don't need to change what has been successful. No public comment. Commissioner Chesser asked about block length. Blake Jorgensen, applicant, discussed the block lengths. Commissioner Chesser asked about the existing infrastructure. Blake Jorgensen, applicant, discussed the existing infrastructure. Commissioner Hoskins asked about the width of streets and why they are opposed to shrinking the streets. Blake Jorgensen, applicant, discussed that the plans are already done. Commissioner Hoskins discussed that he doesn't support bump -outs. He doesn't have a problem with their street widths. Commissioner Honchell discussed that these types of roads have been built all over town. Jason Kelley, Assistant City Attorney, discussed the criteria for a hardship to be met for a variance. Commissioner Honchell discussed the continuity of the neighborhood. Commissioner Chesser asked about the purpose of the street cross sections. Garner discussed the purpose of the street cross sections. Commissioner Chesser discussed that he can't find a hardship. This has not been built yet. Commissioner Hoskins asked the developer how they felt about building some new streets. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 7 of 16 Planning Commission April 9, 2012 Page 8 of 15 Mark Marquis, developer, discussed that they would be okay with new streets. Motion #1: Commissioner Chesser made a motion to deny ADM 12-4093. Commissioner Cabe seconded the motion. Upon roll call the motion failed with a vote of 4-5-0 (Commissioners Honchell, Winston, Bunch, Noble, Hoskins voting `no'). Motion #2: Commissioner Cabe made a motion to table ADM 12-4093 to the next meeting. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 8 of 16 Planning Commission April 9, 2012 Page 9 of 15 CUP 12-4070: Conditional Use Permit (401 S. SANG AVE./FAYETTEVILLE TRACK AND FIELD, 520): Submitted by CRAFTON TULL AND ASSOCIATES, INC. for property located at 401 SOUTH SANG AVENUE. The property is zoned P-1, INSTITUTIONAL and contains approximately 19.94 acres. The request is for shared and offsite parking for a new track and field facility. LSD 12-4071: Large Scale Development (401 S. SANG AVE./FAYETTEVILLE TRACK AND FIELD, 520): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located at 401 SOUTH SANG AVENUE. The property is zoned P-1, INSTITUTIONAL and contains approximately 19.94 acres. The request is for a development of a track and field. Andrew Garner, Senior Planner, gave the staff report for both CUP 12-4070 and LSD 12-4071. Jonathan Ely, applicant's representative, discussed the proposed shared parking. He discussed the sidewalk requirement along Sang Avenue and shared parking. Vicki Thomas, Fayetteville School District Superintendent, discussed pre -planning meetings. She discussed that the sidewalk would cause significant hardship. There is a fixed amount for this project. The cost of the sidewalk could derail this project. Public Comment: Aubrey Shepherd, citizen, discussed the idea of the smaller sidewalk. No more public comment was presented. Commissioner Honchell discussed the photo of the sidewalk with the electric pole in the sidewalk. He discussed that while this project is being built on this site we should take the opportunity to do it right. He discussed the pedestrian impact of this project and the school. Motion: Commissioner Cabe made a motion to approve CUP 12-4070. Commissioner Hoskins seconded the motion. Commissioner Hoskins discussed undue hardship and the cost of the sidewalk compared with the project. He doesn't see an undue hardship. Will the existing sidewalk be removed? Glenn Newman, staff engineer, discussed that yes the existing sidewalk would be removed. Jonathan Ely, applicant's representative, discussed that the cost of the sidewalk is minimal, it is the cost of storm drainage and the sidewalk together would be about $100,000.00. Glenn Newman, staff engineer, discussed that the City Engineering Division is in support of the sidewalk and drainage improvements. Commissioner Cabe discussed that this is a federal ADA requirement and that it is a no-brainer. Commissioner Winston asked when Ramay would be remodeled. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 9 of 16 Planning Commission April 9, 2012 Page 10 of 15 Vicki Thomas, School Superintendent, said they have no plans. Upon roll call the motion to approve CUP 12-4070 passed with a vote of 8-0-1 (Commissioner Pennington recused). Motion• Commissioner Cook made a motion to approve LSD 12-4071. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-1. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 10 of 16 Planning Commission April 9, 2012 Page 11 of 15 LSD 12-4072: Large Scale Development (CMN BUSINESS PARK, LOT 9A/ACADEMY SPORTS, 173): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at LOT 9A, CMN BUSINESS PARK. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 14.53 acres. The request is for a development of 71,640 square foot building. Jesse Fulcher, Current Planner, read the staff report and asked the commission to remove condition #4. The applicant may request this variance in the future. Ryan Gill, applicant, had no additional comments. No public comment. Commissioner Cabe stated that he was glad that the items from Subdivision Committee had been resolved. Commissioner Hoskins asked if staff thought the building met commercial design standards. Fulcher stated that the building met the minimum requirements under those standards. Commissioner Cabe asked about the location of the loading dock and that it appeared to be in a different location. Gill stated that the dock was moved to the south of the building after the initial submittal. Commissioner Cook stated that he agreed with the concerns mentioned about the design standards, but that he had seen many other buildings of similar design approved in the past. Motion: Commissioner Cook made a motion to approve LSD 12-4072 as recommended by staff. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 8-0-1. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 11 of 16 Planning Commission April 9, 2012 Page 12 of 15 CUP 12-4066: Conditional Use Permit (431 W. PATRICIA LN./CENTER, 406): Submitted by BASSETT MIX AND ASSOCIATES, INC. for property located at 431 WEST PATRICIA LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.25 acres. The request is to allow for a duplex, Use Unit 9, in the RSF-4 zoning district. Jesse Fulcher, Current Planner, read the staff report. Dana Lamar, applicant, stated that she was representing the sellers. The mother had the house built and listed as a single-family residence last year. The house wouldn't sell and she couldn't make the mortgage payment. She requested an additional address and began renting both parts of the house. The house will sit vacant if it is not approved. Public comment: Erick Parkensen, neighbor, stated that he is a Park Hill POA representative and that the neighbors object to the request. This is not a rental neighborhood and they want to protect the integrity of the neighborhood. Steve Erwin, neighbor, stated that he is against the request. Kathlyn Riggs, neighbor, stated that she is against the request. There have been six cars parked in the driveway, cars parked on both sides of the street and loud parties. Carol Witter, neighbor, stated that there were problems with large parties, mailboxes being blocked, and that it wasn't safe for kids to be in the front yard. No more public comment was received. Commissioner Cabe stated that he didn't see how he could support a bad decision and make this a legal situation. Commissioner Hoskins asked staff to explain what happened with the permitting. Fulcher reiterated that the applicant that pulled the building permit for the house in August 2007 was the same person that had just attended the Planning Commission meeting where the request for a duplex was denied. The building new that a duplex was not permitted, but include many extra utilties in the house, such as washers and dryers. I approached the builder about the permit and confirmed that this was not going to be duplex, but for use by a mother and son who simply wanted separate areas in the house. The definition for a two-family unit requires that the units be physically separated and the proposed housed was not separated. Therefore staff had to approve the permit. Commissioner Hoskins asked if there were any other options to approve two units. Fulcher stated that an accessory dwelling units could be requested, but that would required a variance, a conditional use permit, which is what is being requested, or rezoning the property to May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 12 of 16 Planning Commission April 9, 2012 Page 13 of 15 allow a two-family unit by right. Commissioner Hoskins asked if parking was sufficient for a duplex. Fulcher stated that parking was something that had come up during the first conditional use and that there was insufficient parking for six bedrooms. They could fit them on the lot, but they would be stacked and likely not function well. This might result in parking in the yard or on the street, neither of which could be permitted. Commissioner Chesser asked for a definition of family. Fulcher read the definition from Chapter 151. Commissioner Chesser stated that he didn't support a duplex after the decision was already made five years ago. Motion: Commissioner Chesser made a motion to deny CUP 12-4066. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 13 of 16 Planning Commission April 9, 2012 Page 14 of 15 CUP 12-4069: Conditional Use Permit (1629 N. CROSSOVER RD./GREENING, 410): Submitted by TAMBERLY GREENING for property located at 1629 NORTH CROSSOVER ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.83 acres. The request is to allow for limited business, Use Unit 12, in a RSF-4 zoning for an antique/retail store. Jesse Fulcher, Current Planner, read the staff report. Tamberly Greening, applicant, stated that she thought this was a good use for the historic home. They have been cleaning the property and think that it will be a compliment to the neighborhood. The requirement to widen the driveway will require removing a lot of trees and likely cause the root cellar to collapse. Public comment: John Baker, neighbor, stated that they don't want a lot of transients near their pool (Boardwalk Subdivision), or overflow parking into the subdivision. Traffic accidents in this area along Crossover are also high. There are also vacant storefronts down on the commercial portion of Crossover. Kim Petrone, neighbor, stated that she has lived next door for nine years and she is worried about the proximity of the business to their pool. Bob Smith, neighbor, stated that six parking spaces isn't enough and they should deny the request. No more public comment was presented. Commissioner Chesser stated that he is not convinced that an antique store will generate that much traffic and that the use is probably appropriate. Not sure about the requirement to widen the driveway or build a new fence. Commissioner Winston stated that the driveway widening needs to occur. Ed Greening, applicant, commented about the requirement to widen the driveway. John Hummel, neighbor, stated that there is plenty of room for parking because there is a huge field to use. How will the applicants maintain this area when it is wet? This business will change the quality of life for the neighborhood. Commissioner Cook asked if the parking area could be smaller. Fulcher stated yes. Commissioner Honchell asked the applicant about the tree removal concerns. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 14 of 16 Planning Commission April 9, 2012 Page 15 of 15 Mrs. Greening stated that there were trees on both sides of the existing driveway. Commissioner Honchell stated that he didn't see traffic problems being a concern. Mrs. Petrone commented about the traffic incident report provided by her from the police department. Commissioner Chesser asked staff if the there was a minimum depth that the driveway needed to be. Fulcher stated that there wasn't a specific depth, but that cars needed to be able to pull off of Crossover while a car was parked waiting to exit onto Crossover. Commissioner Hoskins asked the applicant if they had looked at moving or adding a separate drive in another location. Mr. Greening stated that the project probably won't happen with these requirements. Motion: Commissioner Chesser made a motion to approve CUP 12-4069 with condition of approval #2 struck and replaced to state that the driveway be widened to 20', extending 30' from Crossover. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 6-3-0. There being no further business, the meeting was adjourned at 8:55 PM. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 15 of 16 May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 16 of 16