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HomeMy WebLinkAbout2013-10-14 MinutesPlanning Commission October 14, 2013 Page I of 12 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on October 14, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent: MINUTES: September 23, 2013 Page 3 ACTION TAKEN Approved VAC 13-4491: Vacation (2315 & 2319 N. MARKS MILL LN./ZWEIG, 329): Page 3 Approved VAC 13-4493: Vacation (491 E. FAIRWAY LN./JARRETT, 680): Page 3 Approved VAC 13-4501: Vacation (3466 E. JASPER LN./KINNEY, 061): Page 3 Approved VAC 13-4503: Vacation (516 & 518 S. EASTERN AVEJU OF A, 521): Page 3 Approved ADM 13-4525: Administrative Item (CORNER OF W. WATSON ST. & N. ST. CHARLES AVE./PARKING VARIANCE, 484): Page 3 New Business: Approved ADM 13-4489: Administrative Item (617 N. COLLEGE AVEJBOUCHEE BISTRO, 134): Page 4 Approved PPL 13-4437: Preliminary Plat (CORNER OF N. OAKLAND AND ZION RDJOAK CREEK ESTATES, 257): Page 5 Approved CUP 13-4499: Conditional Use Permit (4081 N. CROSSOVER RD./NAPLES, 138): Page 6 Approved ADM 13-4510 Administrative Item (CHAPTER 166.08 ACCESS MANAGEMENT) Page 7 Tabled ADM 13-4511 Administrative Item (CHAPTER 151.01 DEFINITIONS) Page 8 Forwarded ADM 13-4486: Administrative Item (UNIFIED DEVELOPMENT CODE AMENDMENT TO CHAPTER 178, OUTDOOR VENDORS): Page Forwarded Planning Commission October 14, 2013 Page 2 of 12 MEMBERS ABSENT Blake Pennington Ryan Noble Craig Honchell Ron Autry Tracy Hoskins Porter Winston Kyle Cook William Chesser Sarah Bunch STAFF PRESENT Andrew Garner Jesse Fulcher Quin Thompson CITY ATTORNEY Kit Williams, City Attorney 5:30 PM— Porter Winston called the meeting to order. Porter 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. Consent. Planning Commission October 14, 2013 Page 3 of 12 Approval of the minutes from the September 23, 2013 meeting. VAC 13-4491: Vacation (2315 & 2319 N. MARKS MILL LN./ZWEIG, 329): Submitted by ALAN REID AND ASSOCIATES for properties located at 2315 AND 2319 NORTH MARKS MILL LANE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contains a total of 0.36 acres. The request is to vacate a utility easement. VAC 13-4493: Vacation (491 E. FAIRWAY LN./JARRETT, 680): Submitted by GRAY ROCK, LLC for property located at 491 EAST FAIRWAY LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains a total of 1.15 acres. The request is to vacate a utility easement. VAC 13-4501: Vacation (3466 E. JASPER LN./KINNEY, 061): Submitted by ERIC HELLER for property located at 3466 EAST JASPER LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains a total of 0.32 acres. The request is to vacate a drainage easement. VAC 13-4503: Vacation (516 & 518 S. EASTERN AVEJU OF A, 521): Submitted by MCGOODWIN, WILLIAMS & YATES for properties located at 516 AND 518 SOUTH EASTERN AVENUE. The properties are zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains a total of 5.66 acres. The request is to vacate a right-of-way and two alleys on the subject property. ADM 13-4525: Administrative Item (CORNER OF W. WATSON ST. & N. ST. CHARLES AVE./PARKING VARIANCE, 484): Submitted KAREN KING for property located at the CORNER OF WEST WATSON STREET AND NORTH SAINT CHARLES AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.98 acres. The applicant proposes to remove three parking spaces that were approved as off-site parking spaces for Theo's restaurant on their property in 2005. The applicant requests a parking variance to pay money -in -lieu for these three spaces. 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 9-0-0. New Business: Planning Commission October 14, 2013 Page 4 of 12 ADM 13-4489: Administrative Item (617 N. COLLEGE AVEJBOUCHEE BISTRO, 134): Submitted by VINCE PIANALTO for property located at 617 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acre and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is a variance to allow for a temporary retail structure (airstream trailer) to remain on the property for longer than 90 days. Quin Thompson, Cuurent Planner, read the staff report. Vincenzo Pianalto, applicant, was present to answer questions, and stated that his intention of is to establish the business and then move into a permanent location. Tracy Hoskins, Commissioner, asked staff to verify that there are no similar brick and mortar businesses in the area. Thompson indicated that staff review had not found any restaurants with a French Bistro style menu in the area. Motion: Commissioner Hoskins made a motion to approve ADM 13-4489. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission October 14, 2013 Page 5 of 12 PPL 13-4437: Preliminary Plat (CORNER OF N. OAKLAND AND ZION RD./OAK CREEK ESTATES, 257): Submitted by MILHOLLAND COMPANY for property located at the CORNER OF NORTH OAKLAND AND ZION ROAD. The property is in the PLANNING AREA and contains approximately 16.21 acres. The request is for a residential subdivision with 9 single family lots. Andrew Garner, Senior Planner, gave the staff report. Mel Milholland, applicant, was present for any questions and discussed the septic permit issue. No public comment was presented. Commissioner Hoskins asked about the Skillern Road Master Street Plan amendment. Garner discussed that the extension of Skillern Road east of Oakland Zion Road would be removed from the Master Street Plan, although local street connection would still be provided. Commissioner Pennington asked about sidewalk being installed on both sides of the street in the future. Garner discussed that sidewalk on both sides of the street would not be likely in this area of the county. Motion: Commissioner Chesser made a motion to approve PPL 13-4437 in favor of all conditions of approval in the staff report as recommended by staff. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. CUP 13-4499: Conditional Use Permit (4081 N. CROSSOVER RD./NAPLES, 138): Submitted by Planning Commission October 14, 2013 Page 6 of 12 JORGENSEN AND ASSOCIATES for property located at 4081 NORTH CROSSOVER ROAD. The property contains approximately 6 acres zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE AND R -O, RESIDENTIAL -OFFICE. The request is for a conditional use permit to allow a tandem lot. Andrew Garner, Senior Planner, gave the staff report. Kyle Napes was present for the applicant. No public comment was presented. Commissioner Chesser asked if this property could be legally split without the tandem lot. Garner discussed that, yes, it could. Commissioner Chesser asked about property ownership of the different homes. Commissioner Hoskins discussed that this configuration appeared unusual and that maybe a private street would be appropriate. Commissioner Chesser asked about selling the homes without a lot split. Garner discussed a horizontal property regime scenario. Motion #1: Commissioner Chesser made a motion to deny CUP 13-4499. Commissioner Pennington seconded the motion. Upon roll call the motion failed with a vote of 4-5-0 (Commissioners Winston, Bunch, Noble, Autry, and Hoskins voting `no'). Motion #2: Commissioner Winston made a motion to approve CUP 13-4499, adding condition #4 that driveways for the homes shall be placed in a shared access easement. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 6-3-0 (Commissioners Chesser, Pennington, Cook voted `no'). Planning Commission October 14, 2013 Page 7 of 12 ADM 13-4510 Administrative Item (CHAPTER 166.08 ACCESS MANAGEMENT). Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapter 166.08. The proposal is to amend block layout and connectivity requirements. Jesse Fulcher, Current Planner, presented the staff report. Commissioner Hoskins about the double -frontage section of the code and what would happen with houses facing busier street. Fulcher described various design scenarios that could be used. Commissiner Hoskins asked about multiple driveways on arterial roads. Fulcher described a street layout to limit the need for multiple driveways. The Planning Commission will see these layouts because they will be part of a preliminary plat. Commissioner Hoskins asked about the 600 and 800 foot block length. Fulcher state that we are proposing only one at 660 feet. Commission Chesser described the tunnel effect that can be created when streets are lined with fences. I would like to avoid this design situation. There are some situations where we would want to allow a double frontage lot, due to unique circumstances. It appears that the code will allow us that leeway. Fulcher stated there are times when you might want to vary this section and the code will allow that. Commissioner Chesser stated the code will require more creativity up front and may make costs go up. Fulcher stated that density could be increased to offset additional costs, or the linear feet of street could be reduced as a cost savings measure. Commissioner Hoskins asked about multiple driveways on a busy street. I think we need to look at this ordinance a little more before forwarding it on. Commissioner Chesser asked about preserving access rights to a public street. Kit Williams, City Attorney, stated that each property owner has access rights to an adjacent street. We have a problem of two competing interests. We don't want the fences down the street, or a lot of driveways. The developer probably spent more money because people don't want their house to face a arterial road. Commissioner Chesser asked if the Planning Commissioner would get a chance to review these situations. Fulcher stated that most of these situations will be presented to the Commission as a preliminary plat. You could balance the pros and cons of double -frontage lots and multiple driveways along a busy street. Commissioner Chesser stated that the current code can't prevent the double frontage lot configuration. The Planning Commission October 14, 2013 Page 8 of 12 proposal at least gives the Commission the option to review it. Fulcher describes the current variance sections in the access management code. Williams stated that the two code sections won't cover this particular requirement. Commissioner Chesser stated he supports the direction of the ordinance and would like staff to work with the City Attorney to address the variance section. Motion#1: Commissioner Chesser made a motion to forward ADM 13-4510. Commissioner Chesser withdrew the motion. Motion #2: Commissioner Chesser made a motion to table ADM 13-4510. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission October 14, 2013 Page 9 of 12 ADM 13-4511 Administrative Item (CHAPTER 151.01 DEFINITIONS). Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapter 151.01. The proposal is to amend the definition of a tandem lot. Jesse Fulcher, Current Planner, read the staff report. Commissioner Hoskins asked about lots that were made conforming by the Board of Adjustment. Fulcher described the difference between a conforming lot or one that has been made conforming by the Board of Adjustment, and a lot that has the required frontage under the zoning code. There is a difference between the two. The current code only allows the "required" frontage. Kit Williams asked about conforming vs. nonconforming lots. Fulcher stated that the Board of Adjustment can't solve the issue with the current definition by recognizing a nonconforming lot. This amendment will address this issue by stating "conforming" instead of "required." Motion: Commissioner Chesser made a motion to forward ADM 13-4511. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission October 14, 2013 Page 10 of 12 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. Peter Nierengarten, Sustainability Director, gave the staff report. Public Comment: Matthew Petty, Ward 2 Representative, gave background for this request and proposed changes to the ordinance. He discussed the economic benefits and political background to this code change. He discussed that no permanent business have been put out of business by food trucks. This ordinance would help vacant lots to be activated. He wants to see food trucks on vacant lots turn into permanent development. Cynthia Morris, Yacht Club owner, discussed that the proposed code would help them. This would reduce the Planning Commission's valuable time by reducing the number of vendors that request variances. Aubry Shepherd discussed than any previously paved area should be allowed to have this type of use. He was in favor of using a grass lot for this. He is in support. Amber Henley is a future food truck owner looking to move to Bentonville if she can't be in Fayetteville. The food truck ordinance would give her the ability to move around to different locations. No more public comment was presented. Commissioner Chesser discussed the difficulty in determining what similar vendors are around a location. Nierengarten discussed that we know many of these areas and will be easily able to determine similar businesses and products. Garner discussed the enforcement process if vendors present false information in the application, that the annual permit could be revoked or brought back to the Planning Commission. Kit Williams, City Attorney, discussed the revocation section of the code. Commissioner Chesser asked about how the determination of the primary food or beverage will be determined. Williams responded that the Zoning Development Administrator makes that determination Commissioner Chesser asked about food truck locations. Nierengarten described the process for moving a truck to multiple locations. Commissioner Chesser asked about vending in public parks. Planning Commission October 14, 2013 Page 11 of 12 Garner indicated that it was not permitted and not currently proposed Commissioner Chesser discussed concerns about a restaurant opening next to a mobile vendor. He also discussed he would like this to go further to allow vendors on streets and public property. Commissioner Hoskins discussed that he has never been anti -mobile vendor. He discussed the current permit process. He is concerned because where the code now says "an unfair advantage" has been removed. He is opposed when a temporary business becomes a perennial business and does not meet the same requirements as a permanent business. He discussed the development codes for permanent businesses that a mobile/temporary business does not comply. Food truck and mobile vendors should be the same in the ordinance. The six month permit right off the bat, he is not in support. We are taking the responsibility off of staff to list the surrounding businesses and putting it on the applicant. Why make them list similar business at this point when the annual permit cannot be denied because of it. The old language had a test, the new language doesn't have the same test. It is now more of an unfair advantage to permanent businesses that have to meet development regulations. Nierengarten recommended an amendment that the temporary vendors have to meet the same standard as the food trucks. Commissioner Autry highly commended staff on this proposal. The Yacht Club has been a perfect scenario. We want to keep businesses here and revenue here in Fayetteville. I highly recommend we solve this tonight. Commissioner Chesser discussed that he is glad language for comparison has been removed. He was never comfortable determining what is an unfair advantage. He asked Matthew Petty how he felt about tabling. Matthew Petty, Ward 2 Representative, discussed there is some pressure to get this passed sooner rather than later. Some compromises have already been made on our side based on political considerations. Commissioner Pennington stated that he supports this and the changes. He discussed protection is needed for the mobile vendors that have an existing permit and a permanent business comes in next door. Commissioner Winston stated that he supports the ordinance and that he agreed with other comments that mobile vendors and food trucks should be treated the same way. Commissioner Honchell asked Nierengarten about potential changes to the code based on comments already heard. Nierengarten discussed potential changes to the proposal. Commissioner Honchell discussed the lack of design standards for mobile vendors. He discussed concerns with vacant lots filling up with mobile/temporary buildings and food trucks. I don't see in this proposal any place where we say, okay it has been here for a certain number of years and it can't be here any more. People can get rooted in these places for years. It could be a damper to a permanent business going in. Nierengarten discussed a pod of mobile vendors coming through once, then every year they come back Planning Commission October 14, 2013 Page 12 of 12 for another annual permit the site is improved incrementally over time. Commissioner Honchell discussed that there needs to be a point where the mobile vendor/building can't be there any more, say permitting them a time of four years. Then you have to build a building there. Commissioner Autry discussed the advantages/disadvantages of brick -and -mortar versus mobile businesses. Commissioner Chesser made a motion to forward the item to city council with a recommendation for approval modifying the proposed code changes as follows: "The mobile vendor shall not match or duplicate the primary food or beverage offerings sold by permanent businesses located upon property immediately adjacent to and on the same side of the street of the proposed mobile vendor location unless the original permit held by the mobile vendor predates the establishment of the aforementioned permanent business." "Also striking the similar statement found under food trucks and replacing it with the same language as above except substituting food truck for mobile vendor in the two places in which it appears." Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 7-2-0 (Commissioners Honchell and Hoskins voting "no"). There being no further business, the meeting was adjourned at 8:14 PM.