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Home My WebLink About2013-03-25 MinutesPlanning Commission March 25, 2013 Page I of 9 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on March 25, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: March 11, 2013 Page 3 ACTION TAKEN Approved ADM 13-4354: Administrative Item (800 W MAPLE ST./KAPPA KAPPA GAMMA, 444): Page 3 Old Business: Approved PPL 13-4312: Preliminary Plat (S. OF GULLEY RD. AND E. OF N. OAKLAND -ZION RD./BUFFINGTON S/D, 176): Page 4 New Business: Denied CUP 13-4333: Conditional Use Permit (1650 N. WHEELER RD./MCNAIR, 407): Page 5 Approved ADM 13-4330: Administrative Item (SW CORNER 15TH STREET AND RAZORBACK ROAD, 599): Page 6 Tabled ADM 13-4345: Administrative Item (1326 N. TRINITY DR./HAWG DWELLINGS, 399): Page 7 Withdrawn ADM 13-4353: (FORM BASED CODE AMENDMENTS): Page 8 Tabled April 8, 2013 Planning Commission PC Minutes 3-25-2013 Agenda Item 1 Page 1 of 10 Planning Commission March 25, 2013 Page 2 of 9 Tracy Hoskins (present after consent agenda) Kyle Cook Craig Honchell William Chesser Blake Pennington Porter Winston Matthew Cabe STAFF PRESENT Quin Thompson Andrew Garner Glenn Newman Sarah Wrede CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT Sarah Bunch Ryan Noble 5:30 PM - Planning Commission Chairman Craig Honchell called the meeting to order. Chairman Honchell requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Noble, Hoskins and Bunch were present. April 8, 2013 Planning Commission PC Minutes 3-25-2013 Agenda Item 1 Page 2 of 10 Planning Commission March 25, 2013 Page 3 of 9 Consent. Approval of the minutes from the March 11, 2013 meeting. ADM 13-4354: Administrative Item (800 W MAPLE STJKAPPA KAPPA GAMMA, 444): Submitted by RETAIL REALTY GROUP, LLC for property located at 800 W MAPLE STREET. The property is zoned RMF -40, MULTI -FAMILY RESIDENTIAL, 40 UNITS PER ACRE and contains approximately 6 acres. The request is for a variance from chapter 166.23 Urban Residential Design Standards. Motion: Commissioner Chesser made a motion to approve the consent agenda. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. April 8, 2013 Planning Commission PC Minutes 3-25-2013 Agenda Item 1 Page 3 of 10 Planning Commission March 25, 2013 Page 4 of 9 Commissioner Hoskins arrived. Old Business: PPL 13-4312: Preliminary Plat (S. OF GULLEY RD. AND E. OF N. OAKLAND -ZION RD./BUFFINGTON S/D, 176): Submitted by JORGENSEN AND ASSOCIATES for property located SOUTH OF GULLEY ROAD AND EAST OF NORTH OAKLAND -ZION ROAD. The property is in the PLANNING AREA and contains approximately 26.51 acres. The request is for a residential subdivision with 43 single family units and a community septic system. Andrew Garner, Senior Planner, read the staff report Jared Ingram of Jorgensen Associates was present to answer questions Colleen Gaston asked whether the septic system and leach field location was appropriate in relation to a creek, which is a Mud Creek tributary at the south portion of the property. Aubrey Shephard stated that he feels it is appropriate to assess impact of this development on the watershed. Glen Newman, staff engineer, said that the septic system would be of a common type of gravity system with a pumping station and septic field. He showed the proposed location, and demonstrated that it was not proximate to the creek. William Chesser, Planning Commissioner, said that it is important to guarantee future sidewalk construction to City standards. He stated that the street stub out and associated bridge should be assesses as recommended by staff, and that in his opinion 50% of the estimated cost is a fair share for the developer to pay at this time. Kyle Cook, Planning Commissioner, said that he was in agreement with Commissioner Chesser, that the sidewalk should be bonded, and that the Commission should require assessment for future connectivity. Matthew Cabe, Planning Commissioner, said that he agreed with previous comments, and that future street connection should be required, adding that the assessment should be reviewed by the Planning Commission if the adjacent property has not been developed within a specified period. He suggested a time period similar to that required for off—site improvements. Andrew Garner said that there is a 5 year time limit for required off-site improvements after which time an assessment is reviewed for potential return to property owners, adding that it is not typical to return money for required on-site development, which is considered a payment to the City for future construction. Commissioner Chesser said that while the required stub -out connection and bridge are technically not off-site improvements, in practice they are due to the location of the creek at the south property line. Craig Honchell, Chair, stated that he agreed that sidewalks should be bonded. Coleen Gaston said that this type of development is typically a package water treatment system with diffusion. She indicated her concern about the preliminary nature of the design and the amount of land provided for this. Glenn Newman said that the final design is typically approved at the time of construction. April 8, 2013 Planning Commission PC Minutes 3-25-2013 Agenda Item 1 Page 4 of 10 Planning Commission March 25, 2013 Page 5 of 9 Andrew Garner noted that the design review is a State review process, and not reviewed by the City or County. Motion # 1: Commissioner Winston made a motion to approve item 13-4312 with all staff recommended conditions of approval, revising condition of approval No. 2 for the Planning Commission to be able to re-evaluate the assessment for the south street stub -out after 8 years, at the request of the applicant/owner, if the street connection with bridge has not been made; and determining on condition of approval No. 3 that the sidewalks may be guaranteed, not constructed, prior to final plat. Commissioner Cook seconded the motion. Motion # 2: Commission Chesser made a motion to amend motion #1, changing the time period for assessment review from 8 to 10 years. Commission Hoskins seconded the motion. Upon roll call the motion passed with a vote of 5-2-0, with Cabe and Pennington voting "no". Upon roll call, amended motion #1 passed with a vote of 7-0-0. April 8, 2013 Planning Commission PC Minutes 3-25-2013 Agenda Item 1 Page 5 of 10 Planning Commission March 25, 2013 Page 6 of 9 New Business: CUP 13-4333: Conditional Use Permit (1650 N. WHEELER RD./MCNAIR, 407): Submitted by BLEW AND ASSOCIATES for property located at 1650 NORTH WHEELER ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 8.93 acres. The request is for a tandem lot associated with LSP 13-4326. Quin Thompson, Current Planner, read the staff report. Buckley Blew, applicant's representative, was present to answer questions. Commissioner Winston asked what potential would be for additional lots if the CUP were approved. Andrew Garner responded that that was no provision for additional lots to be split without a preliminary plat and associated review process. Motion #1: Commissioner Chesser made a motion to approve CUP 13-4333. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. April 8, 2013 Planning Commission PC Minutes 3-25-2013 Agenda Item 1 Page 6 of 10 Planning Commission March 25, 2013 Page 7 of 9 ADM 13-4330: Administrative Item (SW CORNER 15TH STREET AND RAZORBACK ROAD, 599): Submitted by Crafton & Tull for property located at the SW CORNER OF 15r'' STREET AND RAZORBACK ROAD. The property is zoned Urban Thoroughfare and contains approximately 4.42 acres. The request is for a variance of the Streamside Protection Zones. Andrew Garner, Senior Planner, read the staff report. Steven Beam and Derek Davisson, applicant's representatives, were present to support the request. Beam said that his client purchased the property before the recession and received permission to build under a PZD in 2007 before the Stream Side Ordinance was enacted. He said that the current project represents a reduced encroachment into the stream side protection zones than the original designed, proposed before the ordinance. He stated that further reduction of beds and parking space was not feasible, and that the new design includes proposals for mitigation of any impacts into zones protected by the Stream Side Ordinance. He said that the ordinance affects 37% of the site. Davisson stated that the developer has attempted to meet current ordinances, but that due to the economy the approved project was not built. He stated that his client wishes to develop the property to its `highest and best use.' He notified that Commission of the applicant's intention to pursue approval, including a determination of the constitutionality of City ordinances, and read legal arguments as required. Aubrey Shepherd stated that in his opinion the `highest and best use' of the property may well be to leave it as it is. He discussed several species that inhabit the site, including Milkweed and the Monarch butterflies that feed on the plant annually. He reminded that Commission that the Stream Side ordinance is already a compromise by Fayetteville citizens when compared to similar ordinances in other cities. Colleen Gaston, Beaver Water District Representative, stated that the BWD has not completed a technical review of the project, but was present to express support for the Stream Side Ordinance, "which has come under attack tonight." She stated that variances should be the exception rather than the rule. Commissioner Hoskins asked staff how much of the site is in the floodway. Sarah Wrede, City Flood Plain Administrator, stated that the site is entirely in the flood plain, but that 3/4 acre is affected by the ordinance in question, or approximately 17% of the site. Beam stated that 25% of the site is unbuildable due to the ordinance, correcting his previous statement. Hoskins asked if the property had changed ownership since 2007. Beam said that it had not. Commissioner Winston asked the height of the proposed buildings. Beam said that they were to be 4 stories. Kit Williams, City Attorney, asked whether structured parking had been considered in order to move parking out of protected zones. Beam answered that the 2007 project had included structured parking, but that it was not an affordable option April 8, 2013 Planning Commission PC Minutes 3-25-2013 Agenda Item 1 Page 7 of 10 Planning Commission March 25, 2013 Page 8 of 9 Williams noted that the property owner had one year from approval of the Stream Side Ordinance to develop the property according to pre -ordinance regulations, and that development is not prevented on this site in anyway by the ordinance. Cook asked the applicant if there was room for negotiation in terms of units and parking space numbers Beam felt that there was not, according to instructions from his client, and requested a PC vote. Newman reminded the Commission that the proposed design should be considered in the conceptual design stage, that it had not been submitted for review by staff for complete review, citing concerns that Urban Forester and Engineering reviews had not been completed. Cook noted that variances have never to his knowledge been approved that encroached into the inner protection zones of the Stream Side Ordinance. Wrede asked for direction from the PC if they should vote to table the item in order to work out a compromise with the applicant. Chesser said that staff should prefer preservation of the Stream Side Ordinance to parking requirements. Hoskins asked the applicant to move all parking spaces out of the Streamside Protection Zone. Motion: Commissioner Chesser made a motion to table ADM 13-4330. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. April 8, 2013 Planning Commission PC Minutes 3-25-2013 Agenda Item 1 Page 8 of 10 Planning Commission March 25, 2013 Page 9 of 9 ADM 13-4345: Administrative Item (1326 N. TRINITY DR./HAWG DWELLINGS, 399): Submitted by ELY CONSTRUCTION SERVICES LLC for property located at 1326 NORTH TRINITY DRIVE. The property is zoned RT -12, RESIDENTIAL TWO AND THREE FAMILY and contains approximately 0.25 acres. The request is for a variance to chapter 166.23 Urban Residential Design Standards. 11:11Cf 10 D16 LIMA VA I 10.111:91=1 ADM 13-4353: (FORM BASED CODE AMENDMENTS): Submitted by CITY PLANNING STAFF. The request is to amend Chapters 151, 161, 164 and 172 to clarify build -to zone requirements, modify building height in certain zoning districts, and provide design requirements for auto -oriented commercial facilities. Andrew Garner, Senior Planner, read the staff report. Motion: Commissioner Chesser made a motion to table ADM13-4353. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. There being no further business, the meeting was adjourned at 7:45 PM. April 8, 2013 Planning Commission PC Minutes 3-25-2013 Agenda Item 1 Page 9 of 10 April 8, 2013 Planning Commission PC Minutes 3-25-2013 Agenda Item 1 Page 10 of 10