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HomeMy WebLinkAbout2012-07-23 MinutesPlanning Commission July 23, 2012 Page I of 15 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on July 23, 2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: July 9, 2012 Page 3 ACTION TAKEN Approved PPL 12-4159: Preliminary Plat (W. VAN ASCHE DR/TWIN CREEK PH III LOT 19A, 172): Page 3 Approved LSP 12-4154: Lot Split (NORTH ROBSHIRE LNJAGEE, 453): Page 3 Approved LSP 12-4153: Lot Split (S. OF 4625 E. BRIDGEWATER LN./REO HOLDINGS, 219): Page 3 Approved Old Business: ADM 12-4168: Administrative Item (3825 N. SHILOH DR./BUCK NEKKID BBQ, 174): Page 4 Tabled RZN 12-4146: Rezone (4054 W. STARRY NIGHT VIEW/OAKBROOK III PZD, LOTS 52, 53, & 54,361): Page 5 New Business: Forwarded ADM 12-4182 Administrative Item (2518 MLK/AAF CAR SALES, 558): Page 6 Tabled CUP 12-4163: Conditional Use Permit (1201 S. MORNING SIDE DRIVE/NANTUCKET PH 4,563): Page 7 Approved CUP 12-4165: Conditional Use Permit (2925 OLD MISSOURI RD./GOOD SHEPHERD LUTHERAN CHURN, 253): Page 8 Approved RZN 12-4164: Rezone (1420 N. GARLAND AVE./BONDS, 405): Page 9 Forwarded Planning Commission July 23, 2012 Page 2 of 15 RZN 12-4166: Rezone (S. OF BROOKBURY CROSSING/RIGGINS, 294): Page 10 Forwarded ADM 12-4171: Administrative Item (AMEND UDC CH.166; DEVELOPMENT, 523): Page 11 Forwarded ADM 12-4173: Administrative Item (AMEND UDC SECTION 166.04/ACCESS TO PUBLIC WATER AND SEWER): Page 12 Withdrawn Planning Commission July 23, 2012 Page 3 of 15 William Chesser Tracy Hoskins Craig Honchell Porter Winston Kyle Cook Ryan Noble Matthew Cabe Blake Pennington STAFF PRESENT Andrew Garner Jesse Fulcher CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT Sarah Bunch 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 except for Commissioner Bunch. Planning Commission July 23, 2012 Page 4 of 15 Consent. Approval of the minutes from the July 9, 2012 meeting. PPL 12-4159: Preliminary Plat (W. VAN ASCHE DR/TWIN CREEK PH III LOT 19A,172): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located on WEST VAN ASCHE DRIVE (CMN BUISNESS PARK). The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 9.15 acres. The request is for a commercial subdivision with 8 lots. LSP 12-4154: Lot Split (NORTH ROBSHIRE LN./AGEE, 453): Submitted by BLEW AND ASSOCIATES for property located at NORTH ROBSHIRE LANE. The property is in the PLANNING AREA and contains a total of 20.07 acres. The request is for a variance of the lot width requirements in the Planning Area. LSP 12-4153: Lot Split (S. OF 4625 E. BRIDGEWATER LN./REO HOLDINGS, 219): Submitted by BLEW AND ASSOCIATES for property located SOUTH OF 4625 EAST BRIDGEWATER LANE. The property is in the PLANNING AREA and contains a total of 9.99 acres. The request is for a variance of the lot width requirements in the Planning Area. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 5-0-0 Commissioner Bunch arrived after consent agenda. Planning Commission July 23, 2012 Page 5 of 15 Old Business: ADM 12-4168: Administrative Item (3825 N. SHILOH DR./BUCK NEKKID BBQ,174): Submitted by DEVELOPMENT SERVICES STAFF for property located at 3825 N. SHILOH DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.61 acres. The request is to revoke the approval of CUP 12-4084 due to violations of the conditional use permit. Andrew Garner, Senior Planner gave the staff report. Joe Brooks, applicant, gave an update. Harley Hunt, Fire Marshall, discussed that he did not see a problem with placing the outdoor music area across the drive aisle as there are other fire access points. No public comment was presented. Motion: Commissioner Cabe made a motion to table ADM 12-4168 until 8-13-12. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission July 23, 2012 Page 6 of 15 RZN 12-4146: Rezone (4054 W. STARRY NIGHT VIEW/OAKBROOK III PZD, LOTS 52, 53, & 54, 361): Submitted by PARADIGM DEVELOPMENT ENTERPRISES, INC. for properties located at 4054 & 4076 WEST STARRY NIGHT VIEW AND 1907 NORTH BEST FRIEND LANE. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONNING DISTRICT (OAKBROOK III) and contain approximately 1.80 acres. The request is to rezone the subject properties to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. Jesse Fulcher, Current Planner, gave the staff report. Wayne Kobash, applicant, had no additional comments. Motion: Commissioner Chesser made a motion to forward RZN 12-4146 to City Council. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-1, with Commissioner Hoskins recusing. New Business: Planning Commission July 23, 2012 Page 7 of 15 ADM 12-4182 Administrative Item (2518 MLK/AAF CAR SALES, 558) Submitted by KIM FUGITT for property located at 2518 MARTIN LUTHER KING BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.70 acres. The applicant requests a variance of the I-540 Design Overlay District standards to allow direct lighting for a sign (message board sign). No staff report or public comment was presented as the applicant had requested this item be tabled. Motion: Commissioner Cook made a motion to table ADM 12-4182 until 8-13-12. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission July 23, 2012 Page 8 of 15 CUP 12-4163: Conditional Use Permit (1201 S. MORNING SIDE DRIVE/NANTUCKET PH 4,563): Submitted by CIVIL DESIGN ENGINEERS for property located at 1201 SOUTH MORNING SIDE DRIVE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.36 acres. The request is for a conditional use permit for offsite and shared parking. Andrew Garner, Senior Planner, gave the staff report. Ferdinand Fourie, applicant, was present for any questions. No public comment was presented. Motion: Commissioner Chesser made a motion to approve CUP 12-4163 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission July 23, 2012 Page 9 of 15 CUP 12-4165: Conditional Use Permit (2925 OLD MISSOURI RDJGOOD SHEPHERD LUTHERAN CHURH, 253): Submitted by DEMX ARCHITECTURE for property located at 2925 OLD MISSOURI ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 3.80 acres. The request is to allow a church addition, Use Unit 4, in RSF-4 zoning district. Andrew Garner, Senior Planner, gave the staff report. Cara Mikaly was present for the applicant. No public comment was presented. Commissioner Chesser asked staff about rezoning the site to P-1. Garner stated that was discussed with the church but they elected to move forward with the conditional use permit because it was a quicker process. Motion: Commissioner Chesser made a motion to approve CUP 12-4165 as recommended by staff. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission July 23, 2012 Page 10 of 15 RZN 124164: Rezone (1420 N. GARLAND AVE./BONDS, 405): Submitted by BOB BONDS for property located at 1420 NORTH GARLAND AVENUE. The property is zoned RMF -24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE and contains approximately 0.28 acres. The request is to rezone the property to NS, NEIGHBORHOOD SERVICES. Jesse Fulcher, Current Planner, gave the staff report Bob Bonds, applicant, stated that he agreed with staff's recommendation. Commissioner Cook asked staff to describe the uses allowed in Use Unit 12. Fulcher gave a brief description of the uses and sizes allowed. Motion: Commissioner Chesser made a motion to forward RZN 12-4164 to City Council. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission July 23, 2012 Page 11 of 15 RZN 12-4166: Rezone (S. OF BROOKBURY CROSSING/RIGGINS, 294): Submitted by ENGINEERING SERVICES, INC. for property located SOUTH OF BROOKBURY CROSSING. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 20.99 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. Andrew Garner, Senior Planner, gave the staff report. Mickey Harrington, attorney for the property owner, agreed with staff s comments. Commissioner Winston requested the City Attorney mention the items that were allowed to be considered and discussed by the Planning Commission for a rezoning. Kit Williams, City Attorney, discussed the items that were allowed to be considered in a rezoning and referred to a memo that he had prepared and distributed. Public Comment: Eva Madison, Candlewood Subdivision, spoke for the neighborhood. She discussed the proposal was inconsistent with the surrounding neighborhoods. She discussed the old R-1 zoning that is different than the current RSF-4 zoning. The proposed RSF-4 zoning is different than the surrounding properties. Charlie Collins, 3225 Pipers Glen, POA President of Brookbury, discussed that it is virtually unanimous regarding the opposition to this rezoning by the surrounding neighborhoods. Christin Bellcamp, President of Brookbury, agreed with the comments by Eva Madison. We have obtained 96 signatures to downzone our neighborhood to RSF-2. She discussed Brookbury Crossing was the sole means of access. She discussed that zoning and development are tied together. She discussed traffic flow problems, fire safety problems, and issues with density and compatibility. Skillern Road has traffic and site distance issues. Brookbury would not meet the fire code today as it has 95 homes on a dead end street. Adding approximately 40 more additional homes on this site, even with sprinkler systems, would be a problem. The private interest should not override the public interest for safety. James McGinty, President of Savannah, discussed support for the residents of Brookbury and Candlewood. He discussed traffic on Skillern Road. Savannah will also proposal to downzone to RSF-2. Jimmy Roy, 3074 Brookbury, read an exert from the City Attorney's memo, "public opposition that is logical and reasonable" can be considered. He also discussed that traffic is a problem. There are too many homes. Christine Smith, Brookbury and Idlewood Way, Brookbury is already in a dangerous situation. Children ar all crossing in a blind area. It is a 25 mph speed limit but people exceed the limit. It will be worse if Brookbury is extended. She discussed a dangerous intersection in the Brookbury neighborhood. Jason Fourie, 3475 Township, asked if the actual density was considered. Laurie Covell, teacher at McNair, discussed traffic issues that occurred when a truck for a pool construction blocked the round backing up traffic in Brookbury. No more public comment was presented Planning Commission July 23, 2012 Page 12 of 15 Commissioner Hoskins asked about the property owner information. Micky Harrington responded that the owner is requesting the rezoning. Commissioner Hoskins discussed that the lack of a street connection is a problem. A full-fledged connection is needed. This could potentially have 80 residences or 800 average daily trips. He is pro smart -development and until a complete connection is made he can't support this. Commissioner Winston discussed the R -A is not appropriate as it is surrounded by neighborhoods. Kit Williams, City Attorney, discussed that the old R -I zoning was almost identical to the current RSF-4 zoning. It allowed up to four units per acre. Commissioner Hoskins discussed surrounding properties have RSF-2 type density. He discussed the lack of cross connection. Commissioner Winston discussed the need to disconnect the two things. Commissioner Chesser referred to the City Attorney's memo and whether this request meets or does not meet those criteria. He requested all of the neighborhood representatives to come back up and answer a question. Would you be opposed to this if there were a second street connection? Eva Madison responded that their arguments were made based on density. Jimmy Roy discussed that safety, density, and traffic are their biggest issues. Charlie Collins discussed that if it were only an additional 10 homes it would not be dramatically worse Commissioner Chesser asked the applicant about the proposed density and zoning. Micky Harrington discussed that there are other issues besides density that require the RSF-4 zoning such as lot dimensions and lot size. Commissioner Chesser asked about a connection Township. Brian Moore, Engineering Services Incorporated, discussed that yes a connection to the south is our intent with a stub -out. Commissioner Honchell thanked everyone one for participating and being here. He discussed that he won't be able to support RSF-4. Jeremy Pate, Development Services Director, discussed the differences between RSF-4 and RSF-2. He also discussed that if Brookbury were rezoned to RSF-2 it would create nonconformities because very few of the lots are large enough to meet the RSF-2 requirements. Commissioner Hoskins discussed a need for RSF-4 zoning because of bulk and area regulations. He also discussed that a Bill of Assurance would be an option for the applicant to limit the overall density. He would support a rezone to RSF-0.5. Planning Commission July 23, 2012 Page 13 of 15 Micky Harrington discussed that they would offer a Bill of Assurance to limit the density to two units per acre. Kit Williams, City Attorney, discussed that the Planning Commission cannot require a Bill of Assurance and that one has not been offered. It would have to be offered in writing and notarized. Commissioner Pennington discussed that the rezoning would not be incompatible, but public safety is a concern and he would be in support of RSF-0.5. Motion: Commissioner Pennington made a motion to forward RZN 12-4166 to City Council with a recommendation for RSF-0.5. Commissioner Hoskins seconded the motion. Commissioner Hoskins asked if RSF-0.5 would be considered a spot -zone. Kit Williams, City Attorney, discussed that did not think an RSF-0.5 could be considered a spot -zone. Commissioner Winston asked about fire code issues. Harley Hunt, Fire Marshall, discussed the rationale behind the enforcement of fire access roads to this property and the existing condition that is already in place. Upon roll call the motion passed with a vote of 8-1-0, with Commissioner Chesser voting no. Planning Commission July 23, 2012 Page 14 of 15 ADM 12-4171: Administrative Item (AMEND UDC CH.166; DEVELOPMENT, 523): Submitted by THE CITY OF FAYETTEVILLE PLANNING STAFF to amend the Unified Development Code (UDC) Chapter 166: Development to clarify the applicability of Non -Residential Design Standards for form based zoning district. Andrew Garner, Senior Planner, gave the staff report. No public comment was presented. Motion: Commissioner Chesser made a motion to forward ADM 12-4171 to City Council. Commissioner Noble seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission July 23, 2012 Page 15 of 15 ADM 12-4173: Administrative Item (AMEND UDC SECTION 166.04/ACCESS TO PUBLIC WATER AND SEWER): Submitted by CITY PLANNING STAFF. The request is to amend UDC Section 166.04 to clarify the requirements for access to public water and sewer. THIS ITEM WAS WITHDRAWN BY STAFF. There being no further business, the meeting was adjourned at 8:02 PM.