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HomeMy WebLinkAbout2013-07-08 MinutesPlanning Commission June 10, 2013 Page I of]] MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on July 8, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent: MINUTES: June 24, 2013 Page 3 ACTION TAKEN Approved ADM 13-4409: Administrative Item (2630 E. CITIZENS DR./SAM'S SNOW CONES, 371): Page 3 New Business: Approved RZN 13-4410: Rezone (2468 N. CROSSOVER RD./LYNNWOOD ESTATES, 294): Page 4 Forwarded ADM 13-4433: Administrative Item (330 - 390 W. 5TH STREET/SYCAMORE PHASE H, 523): Page 7 Approved ADM 13-4434: Administrative Item (500 N. VANDEVENTER STREET, 445): Page 8 Approved CUP 13-4419: Conditional Use Permit (1851 E. HUNTSVILLE RD./KUM AND GO, 565): Page 9 Tabled LSD 13-4414: Large Scale Development (1851 E. HUNTSVILLE RD./KUM AND GO, 565): Page 10 Tabled CUP 13-4416: Conditional Use Permit (1418 E. RODGERS DR./COODY, 526): Page 11 Approved Planning Commission June 10, 2013 Page 2 of 11 MEMBERS PRESENT Tracy Hoskins Ron Autry Kyle Cook Porter Winston Craig Honchell Sarah Bunch STAFF PRESENT Andrew Garner Quin Thompson Jesse Fulcher Alison Jumper CITY ATTORNEY Kit Williams, City Attorney 5:30 PM - Porter Winston called the meeting to order. MEMBERS ABSENT Blake Pennington William Chesser Ryan Noble Porter Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Noble, Pennington, and Chesser were present. Planning Commission June 10, 2013 Page 3 of 11 Consent. Approval of the minutes from the June 24, 2013 meeting. ADM 13-4409: Administrative Item (2630 E. CITIZENS DR./SAM'S SNOB' CONES, 371): Submitted by SAMANTHA KAMINSKI for property located at 2630 EAST CITIZENS DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains a total of 8.91 acres. The request is a variance to allow for a temporary retail structure to remain on the property for longer than 90 days. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Commissioner Pennington arrived after the consent agenda. Planning Commission June 10, 2013 Page 4 of 11 New Business: RZN 13-4410: Rezone (2468 N. CROSSOVER RD./LYNNWOOD ESTATES, 294): Submitted by BEN ISRAEL for property located at 2468 NORTH CROSSOVER ROAD. The property is zoned RSF-2, RESIDENTIAL SINGLE-FAMILY, 2 UNITS PER ACRE and contains approximately 4.66 acres. The request is to rezone the property to R -O, RESIDENTIAL OFFICE. Andrew Garner, Senior Planner, gave the staff report. Ben Israel, applicant's representative, discussed the request, that the property to the north was recently zoned R -O. He described the various land uses along Crossover Road from Lake Fayetteville south to Mission Boulevard. Public Comment: Brian Runnels, 2396 Crossover Road, adjacent neighbor to the east of the subject property, disccussed that we should preserve the 265 corridor. We should prevent further commercial encroachment into this area between Mission and Joyce/Zion Road. He discussed that because of a lack of a left turn will limit commercial viability. Lynn Lorrimer, 2320 Crossover Road, lives about one block south. Discussed changes over Crossover Road over the years. The property in question will have a median and not be able to turn left. I bought this land 23 years ago because it was a beautiful area. It is still a quiet, residential area. He is against any kind of commercial or offices in this area. It will increase traffic flow and the noise. Paul Henry, live on Township just south. Crossover is a double -wide lane now. He is concerned with traffic ingress. The lot on the southern corner is left out. Casey's and Kum and Go may now look at this corner if R - O is approved. The applicant has a nice sized property. He discussed letting commercial use creep into this area, and that C-1 is usually near R -O and that would be the next logical step which would not be appropriate. Change is good, but this type of change in this area of Crossover Road would not be good. No more public comment was presented. Commissioner Hoskins asked about the property to the north that was rezoned last year. Garner discussed the property to the north was a very different situation. He described the state taking a large portion of this property making it not viable with a single family residence. Staff agreed with the applicant that because of the close proximity the state highway close to his house, it would be more viable and appropriate to allow a small office use. Commissioner Hoskins discussed the limited intensity on that property to the north because of the small triangular shape. This is a different situation than the proposed property that is quite a bit bigger and would allow more development. Planning Commission June 10, 2013 Page 5 of 11 Commissioner Winston asked about the Bill of Assurance and about a worst case scenario development. Garner discussed the applicant's Bill of Assurance limiting the use, the roof height, could potentially be a three-story office building with a pitched roof. Commissioner Winston asked about the median affecting the use of the property. Garner discussed that with the improvements to Crossover Road including a median, left turn in or out would not be permitted. Safe access would not be an issue and the road is capable of supporting the traffic. It is a land use plan and compatibility issue from staffs perspective. Commissioner Winston asked about the median being set in stone, or could it be modified. Garner indicated that it was set as -is. Kit Williams, City Attorney, discussed that the City asked the state whether or not they would be willing to look at a change for a new street coming in and the state said `no'. Commissioner Cook pointed out that Residential Neighborhood Areas in the Future Land Use Plan does speak about residential, but also encourages non-residential uses along corridors and connecting corridors. He asked for staff's opinion. Garner responded discussed that the intent it not to segregate residential from non-residential. The big picture of City Plan 2030 it is provide complete communities, where people are not isolated from non- residential. Staff's concern was more looking along the corridor and the opinion that this stretch of Crossover Road was more appropriate for residential land uses. Commissioner Hoskins asked about utilizing other form -based zoning districts such as Community Services. Garner discussed potential issues with Community Services because it would allow much more intensive uses and multi -family apartments. Commissioner Hoskins about other less intensive zoning districts. Garner discussed the Neighborhood Services zoning district would permit non-residential uses in structures of up to 3,000 square feet, which would be a step below R -O zoning. Commissioner Hoskins asked the applicant about utilizing the Neighborhood Services zoning district Ben Israel, applicant, indicated that `no' he hadn't considered other zoning districts. He asked what assurances Commissioner Hoskins would want to get the zoning approved. He discussed that the property owners offered these to make the neighbors happy. I think it is an excellent area for a stand-alone office, such as a 3,000 square foot dental office. There is no where else out there to accommodate that in this area of the city. Planning Commission June 10, 2013 Page 6 of]] Commissioner Winston discussed that he felt comfortable with the proposed rezoning with the Bill of Assurance and felt that it met the goals of City Plan 2030. Motion: Commissioner Winston made a motion to forward RZN 13-4410 to the City Council with a recommendation for approval, Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 6- 1-1 (Commissioner Honchell voted `no' and Commissioner Chesser abstained). Commissioner Chesser arrived after RZN 13-4410. Planning Commission June 10, 2013 Page 7 of]] ADM 13-4433: Administrative Item (330 - 390 W. 5T" STREET/SYCAMORE PHASE II, 523): Submitted by JACOBS &NEWELL COMPANY for property located at 330-390 WEST FIFTH STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0. 13 acres. The request is variances of the Downtown Design Overlay District standards for front stoops and a colonnade for a new building. Andrew Garner, Senior Planner, gave the staff report. Todd Jacobs, applicant, was present for questions. No public comment was presented. Motion: Commissioner Winston made a motion to approve ADM 13-4433 as recommended by staff. Commissioner Bunch seconded the motion. Commissioner Hoskins asked about the Downtown Design Overlay District boundary. Garner discussed the DDOD boundary, and the location of this property in relation to the boundary. Commissioner Hoskins discussed different options for this development to meet code and that he did not see a particular hardship in this situation. Upon roll call the motion passed with a vote of 6-1-1, with Commissioner Hoskins voting "no", and Commissioner Chesser abstaining. Planning Commission June 10, 2013 Page 8 of 11 ADM 13-4434: Administrative Item (500 N. VANDEVENTER STREET, 445): Submitted by BLEW & ASSOCIATES for property located at 500 N. Vandeventer Street. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY and contains approximately 0. 19 acres. The request is for variance of the Access Management Ordinance for driveway location and of the Tree Preservation Ordinance minimum canopy requirement. Quin Thompson, Current Planner, read the staff report. Jorge DuQuesne, Applicant, commented on design process and difficulties of development caused by the topography of the site. William Chesser, Planning Commissioner, stated that good points were made by both staff and applicant. He moved to hear the variance requests separately. He requested to hear more from the applicant about opportunities to shift the building and preserve tree 12. DuQuesne stated that the driveway slope requires grading that lowers the entire site by two feet, including the area around the base of tree 12. He offered that it may be possible to use a retaining wall to keep some of that soil in place. Chesser asked the Urban Forester whether the project could be considered to save the tree in that case. Alison Jumper, Urban Forester, indicated that the building was still located under a considerable portion of canopy and therefore could not be considered to be preserved, and a variance would still be required. Tracy Hoskins, Planning Commissioner, commented on the relationship of parking to the building. He suggested moving the building north on the site in order to preserve tree canopy. Porter Winston, Planning Commissioner, stated that the site did not appear to have exhausted all design options, and moved to table the project. Chesser stated that he remained concerned about the preservation of tree 12, and urged the applicant to `flex some creative muscles' in rethinking the design such that the tree might be preserved. Winston noted that Mr. DuQuesne was not the first applicant to be asked for a better design solution through re -design. Hoskins suggested that Mr. DuQuesne bring the Architect and more information in support of his statements about topography and impact on the site, including sections, elevations, et c. Motion #1: Commissioner Chesser made a motion to approve the driveway location variance for ADM 13-4434. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Motion #2: Commissioner Winston made a motion to table the tree preservation variance for ADM 13-4434. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission June 10, 2013 Page 9 of 11 CUP 13-4419: Conditional Use Permit (1851 E. HUNTSVILLE RD./KUM AND GO, 565): Submitted by CEI ENGINEERING for property located at 1851 EAST HUNTSVILLE ROAD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.93 acres. The request is for additional parking. Motion: Commissioner Chesser made a motion to table CUP 13-4419. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission June 10, 2013 Page 10 of 11 LSD 13-4414: Large Scale Development (1851 E. HUNTSVILLE RD./KUM AND GO, 565): Submitted by CEI ENGINEERING for property located at 1851 EAST HUNTSVILLE ROAD. The property is zoned C- 1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.93 acres. The request is to build a 4,991 square foot gas station with associated parking. Motion: Commissioner Chesser made a motion to table LSD 13-4414. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission June 10, 2013 Page 11 of 11 CUP 13-4416: Conditional Use Permit (1418 E. RODGERS DR./COODY, 526): Submitted by DAN COODY for property located at 1418 EAST RODGERS DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, and contains approximately 29.36 acres. The request is to allow three tandem lots. Jesse Fulcher, Current Planner, read the staff report. Dan Coody, applicant, no additional comments. Kit Williams, City Attorney asked why the plan was color coded. Fulcher stated it was for clarity. Motion: Commissioner Chesser made a motion to approve CUP 13-4416. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. There being no further business, the meeting was adjourned at 6:45 PM.