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HomeMy WebLinkAbout2013-09-09 MinutesPlanning Commission September 9, 2013 Page I of 14 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on September 9, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: August 26, 2013 Page 3 Old Business: ACTION TAKEN Approved RZN 13-4438: Rezone (845 N. 46 at AVE./WEDINGTON, 438): Page 4 Tabled CUP 13-4469: Conditional Use Permit (845 N. 46TH STREET, 438): Page 5 Approved CUP 13-4440: Conditional Use Permit (2008 N. CLEVELAND ST./BOYD, 442): Page 6 Approved CUP 13-4454: Conditional Use Permit (1001 W MARTIN LUTHER KING BLVD., 522): Page 7 Tabled CUP 13-4456: Conditional Use Permit (ADVENTURE SUBARU/2269 HENBEST RD, 324): Page 8 Tabled New Business: PPL 13-4404: Preliminary Plat (W. OF N. 54TH ST. AND E. OF W. PERSIMMON ST./LEGACY PH V, 475): Page 9 Approved CUP 13-4470: Conditional Use Permit (1755 FALLBROOK, 359): Page 10 Approved RZN 13-4467: Rezone (MOUNT COMFORT AND SHILOH/KUM & GO, 324): Page 11 Forwarded ADM 13-4486: Administrative Item (UNIFIED DEVELOPMENT CODE AMENDMENT TO CHAPTER 178, OUTDOOR VENDORS): Page 12 Tabled Planning Commission September 9, 2013 Page 2 of 14 MEMBERS PRESENT Sarah Bunch Ryan Noble Kyle Cook Craig Honchell Porter Winston Ron Autry William Chesser Tracy Hoskins Blake Pennington STAFF PRESENT Andrew Garner Jesse Fulcher Quin Thompson Glenn Newman CITY ATTORNEY Kit Williams, City Attorney 5:30 PM— Porter Winston called the meeting to order. MEMBERS ABSENT 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 Commissioners Hoskins and Pennington Hoskins arrived after roll call. Planning Commission September 9, 2013 Page 3 of 14 Consent. Approval of the minutes from the August 12, 2013 meeting. Motion: Commissioner Winston made a motion to approve the consent agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Pennington arrived after the minutes. Planning Commission September 9, 2013 Page 4 of 14 Old Business: RZN 13-4438: Rezone (845 N. 46`h AVE./WEDINGTON, 438): Submitted by CIVIL DESIGN ENGINEERS, INC. for property located at 845 NORTH 46TH AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains 12.42 acres The request is to rezone the property to RMF -12, RESIDENTIAL MULTI- FAMILY, 12 UNITS PER ACRE, NC, NEIGHBORHOOD CONSERVATION, AND RSF-7, RESIDENTIAL SINGLE FAMILY SEVEN UNITS PER ACRE. THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED INDEFINITELY Motion: Commissioner Chesser made a motion to table RZN 13-4438 as requested by the applicant. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September 9, 2013 Page 5 of 14 CUP 13-4469: Conditional Use Permit (845 N. 46TH STREET, 438): Submitted by CIVIL DESIGN ENGINEERINGS, INC. for property located at 845 N. 46TH STREET. The property is zoned NC, NEIGHBORHOOD CONSERVATION and RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 13.47 acres. The request is to allow an accessory structure on a property without a principal structure. Quin Thompson, Current Planner, gave the staff report. Ferdie Fourie, Applicant, discussed the request, saying that the owner would like to reserve the use of the existing barn during development of the property. William Chesser, Commissioner, questioned the intent of staff recommended conditions, and made a motion to clarify. Tracy Hoskins, Commissioner, noted that he felt that the existing agricultural use of the barn should be expressly added to conditions of approval. Motion: Commissioner Chesser made a motion to approve CUP 13-4469, modifying condition #2 to specify that the building may be used as material and equipment storage during development of the property, in addition to the existing agricultural uses. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September 9, 2013 Page 6 of 14 CUP 13-4440: Conditional Use Permit (2008 N. CLEVELAND ST./BOYD, 442): Submitted by ALAN REID AND ASSOCIATES for property located at 2008 NORTH CLEVELAND STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains one lot totaling 1.86 acres. The request is for a conditional use permit to allow a tandem lot. Jesse Fulcher, Current Planner, read the staff report. George Faucette, applicant, stated he was surprised by the recommendation. He discussed the property layout, landscaping and the impacts to the property that would result if the lot line had to be moved over to create a 70' wide lot. Bob Wisnent, neighbor, stated he was opposed to the request. This area and property are very marshy and a number of property owners have foundation problems, including his own. Development of this property will make the situation worse and devalue his property. Pat Lowe, neighbor, stated she was concerned with the upkeep of the drive and new utilities. Commissioner Hoskins asked the applicant about existing yard. Faucette stated that they won't be able to install a fence around the trees adjacent to the pool if the lot line is moved over. Commissioner Hoskins asked if the lot would be larger than surrounding lots. Faucette stated that it would. Commission Hoskins stated the hardship was in the limited amount of frontage. Commission Chesser stated that a house could be built, it's just about what the lot layout will be. The odd shape of the lot and existing pool are unique and moving the lot line over would radically alter the use of the property. Wisnent reiterated that approval only makes development of the lot easier on a lot that shouldn't be built on. Commissioner Noble asked if staff looked at this issue. Fulcher stated that the review was limited to the conditional use request. Drainage patterns will be reviewed at the time of development. Planning Commission September 9, 2013 Page 7 of 14 Commissioner Hoskins asked if the lot could be developed without the conditional use approval. Fulcher stated that it could. Motion: Commissioner Winston made a motion to approve CUP 13-4440. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 8-1-0, with Commissioner Noble voting "no". CUP 13-4454: Conditional Use Permit (1001 W MARTIN LUTHER KING BLVD., 522): Submitted by JOHN DAVIDSON for property located at 1001 W MARTIN LUTHER KING BLVD. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 4.67 acres. The request is for a conditional use for a parking lot. Motion: Commissioner Chesser made a motion to table CUP 13-4454 to the September 23'd meeting. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September 9, 2013 Page 8 of 14 CUP 13-4456: Conditional Use Permit (ADVENTURE SUBARU/2269 HENBEST RD, 324): Submitted by JORGENSEN & ASSOCIATES for property located at 2269 HENBEST RD. The property contains approximately 4.55 acres. The request is for Conditional Use for an off-site parking lot/vehicle display area in the Community Services zoning district. Motion: Commissioner Chesser made a motion to table CUP 13-4456 to the September 23rd meeting. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September 9, 2013 Page 9 of 14 PPL 13-4404: Preliminary Plat (W. OF N. 54TH ST. AND E. OF W. PERSIMMON STJLEGACY PH V, 475): Submitted by BATES AND ASSOCIATES for property located WEST OF NORTH 54TH STREET AND EAST OF WEST PERSIMMON STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 32.83 acres. The request is for a residential subdivision with 108 single family lots. Andrew Garner, Senior Planner, gave the staff report. In particular he discussed that this subdivision would generate traffic directly to 54"' Street and the subsequent need for off-site improvements to 54" Street that and a three-way stop at the existing 54"/Persimmon Street intersection. He also discussed the Master Street Plan designating Persimmon Street as is a Minor Arterial through this project and City ordinance requiring the right-of-way dedication at this time. He described the applicant's request for a lesser dedication of right-of- way along this future street and staff s recommendation of denial. Geoff Bates, applicant, discussed their request including that they request the improvements along 54`" Street to be paid with fees in lieu of actually constructing the improvements because there is not enough right-of- way for the improvements. He also discussed their request for a lesser dedication of right-of-way for Persimmon Street and that if they had to dedicate 77 feet of right-of-way instead of 70 feet they would lose nine lots along Persimmon. Commissioner Hoskins asked about the rationale for the offsite improvements to 54" Street. Kit Williams, City Attorney, discussed that staff described increased traffic from this subdivision that would be using that stretch of road on 54`" and the improvements were needed and appropriate. However, his opinion was that the applicant's offer for 70 feet of right-of-way for the internal Persimmon Street was adequate. He discussed further that 70 feet of right-of-way is good for the City, is what the City needs, and is as much as we can require. This development does not generate the need for additional right-of-way dedication. The need for additional right-of-way is generated because of a major street going through this property. Normally we only have a local street going through a subdivision. Here they are already offering above and beyond what would normally be required. You need to see if what they have offered meets the rough proportionality test. Because they are offering substantially more than what is normally required because of the Master Street Plan being there, it is making it where the citizens do not have to pay for that, it is a pretty fair offer what they have made. Commissioner Hoskins clarified that staff is making them dedicate 77 feet of right-of-way and the developer is only offering to dedicate 70 feet of right-of-way. Kit Williams stated that the 70 feet that they are offering is as much as what we likely could require of them because I don't think this development itself justifies a much larger right-of-way dedication. You need to consider if what they are offering does not exceed the rough proportionality test. If what we are requiring is beyond the rough proportionality test then it is not constitutional and you should not demand that. They 70 feet they are offering seems pretty reasonable to me. Commissioner Hoskins stated that this is where he was going with this. The 70 feet variance they are asking for seems fair to me. I agree with Kit that they are being very, very generous. Commissioner Winston discussed that he was on the Subdivision Committee and the future extension of Persimmon Street was recommended. Garner discussed the overall Master Street Plan and the future alignment of Persimmon Street and that a large portion of Persimmon to the east has not been constructed. Planning Commission September 9, 2013 Page 10 of 14 Commissioner Autry asked about the right-of-way for the future alignment of Persimmon Street. Garner clarified the right-of-way dimension. Commissioner Winston asked what the City would do if Persimmon were only 70 feet. Garner indicated that it would not meet the Master Street Plan cross section and a future street project would have to be evaluated to see what type of street improvements we would want given that reduced right-of-way amount. A Minor Arterial has four lanes for cars, two bike lanes, greenspace separation, and sidewalk on both sides of the street. He discussed that if the City only had 70 feet he was not sure what types of improvements could be completed. Commissioner Autry agreed with everything so far and this right-of-way would have tremendous impact on the development. Commissioner Chesser clarified the right-of-way to the east and west of this development. The City attorney makes a fair point. While it would be great for the City, I'm not sure. He asked the applicant about existing utilities in the subdivision. Geoff Bates, applicant, discussed the existing utilities in the subdivision Commissioner Chesser discussed he finds himself leaning towards allowing the applicant the right-of-way variance. He agrees that the developer is being generous by giving money for the improvements to 54" Street. Garner discussed that we do not have a dollar amount for the assessment for 54th Street as requested by the applicant. Staff does not recommend this be improved without a dollar amount and the commission understanding what is being required. Staff would recommend tabling this item until an actual cost estimate for the work is provided for the commission to review. Geoff Bates, applicant, discussed that they can't afford additional delays for this project. He discussed working with staff on construction cost estimates and feels comfortable paying an assessment. Staff and us know what is reasonable. Kit Williams asked the applicant if they would feel comfortable having staff approve the dollar amount. Geoff Bates, applicant, indicated yes. Motion: Commissioner Winston made a motion to approve PPL 13-4404, findings on the conditions of approval as follows: #1: Recommendation in favor of applicant's request for lesser dedication of right-of-way. #2: Determine in favor of staff's recommendations; however modifying E.1 for the applicant to pay money -in -lieu for improvements to 54th Street, the amount to be agreed upon with City Engineering staff and the applicant, and should they not come to an agreement it could come back to the Planning Commission for a final determination. Planning Commission September 9, 2013 Page 11 of 14 #4: Add a sentence to the condition stating: "The applicant shall remove the designation of Lot 33 as parkland from the plat". Finding agreement with all other conditions of approval as listed in the staff report. Commissioner Pennington seconded the motion. . Commissioner Cook discussed that he disagreed on the 77 feet of right-of-way and that he feels the right-of- way is necessary especially since this is designated as a Minor Arterial on the Master Street Plan; for that reason he won't support the motion. Upon roll call the motion passed with a vote of 8-1-0, with Commissioner Cook voting "no". Planning Commission September 9, 2013 Page 12 of 14 CUP 13-4470: Conditional Use Permit (1755 FALLBROOK, 359): Submitted by CANDICE SAWIN for property located at 1755 FALLBROOK WAY. The property is zoned RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0. 19 acres. The request is for a home daycare. Jesse Fulcher, Current Planner, read the staff report. Candice Sawin, applicant, stated she has operated a child care facility in Farmington since 2006. They closed on this property on Friday. Commission Chesser asked the applicant if she was okay with a limit of 7 children. Sawin stated yes. Commission Hoskins asked if the limit include her other children. Fulcher stated that applicant has 3 older children that go to school every day and aren't included in the 7 allowed within the day care. Motion: Commissioner Chesser made a motion to approve CUP 13-4470 with all conditions as recommended by staff. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September 9, 2013 Page 13 of 14 RZN 13-4467: Rezone (MOUNT COMFORT AND SHILOH/KUM & GO, 324): Submitted by CEI ENGINEERING for property located at THE NORTHWEST CORNER OF MOUNT COMFORT AND SHILOH. The property is zoned R -A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE. and contains approximately 1.65 acres. The request is rezone the property to C-1, NEIGHBORHOOD COMMERCIAL. Jesse Fulcher, Current Planner, read the staff report. Rob Waddell, applicant, went through a Power Point presentation and described the traffic count in the area, surrounding land uses, and the lack of services in the area. Commissioner Chesser stated he liked the Kum & Go stores, but agrees with staff that another zoning district would be more appropriate. Fulcher stated that staff only reviewed the request for C-1. There are other zoning districts available that would allow a gas station. Commissioner Chesser asked the applicant if they looked at a more walkable zoning district. Waddell stated that they can't change pushing the building to the street with a $4 million dollar development cost. Andrew Garner, Senior Planner, discussed the new development standards for gas stations in form -based zoning districts. Commission Chesser stated he couldn't support request. Commission Hoskins stated the area is underserved and the site is being used for commercial purposes already. It makes sense to put a gas station here, and there is still area to provide a transition. Commission Autry stated the site is in poor condition currently and needs to be improved. This is an appropriate zoning for the property. Commission Pennington stated he lives in the area and this is something that is needed. Commmissioner Bunch stated this will provide a service that people can walk to. The mobile home park will provide a transition between uses. Motion: Commissioner Winston made a motion to forward RZN 13-4467 for approval. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-1-0, with Commissioner Chesser voting "no". Planning Commission September 9, 2013 Page 14 of 14 ADM 13-4486: Administrative Item (UNIFIED DEVELOPMENT CODE AMENDMENT TO CHAPTER 178, OUTDOOR VENDORS): Submitted by SUSTAINABILITY AND STRATEGIC PLANNING STAFF to amend chapter 178, Outdoor Vendors. Several changes are proposed including the allowance of outdoor mobile vendor courts and an increase in the permit timeframe. Motion: Commissioner Chesser made a motion to table ADM 13-4486 to the October 14th meeting. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. There being no further business, the meeting was adjourned at 7.15 PM.