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HomeMy WebLinkAbout2013-10-28 MinutesPlanning Commission October 28, 2013 Page I of]] MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on October 28, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent: MINUTES: October 14, 2013 Page 3 VAC 13-4516: Vacation (BRENDA DRIVE, ALLEY/UNIVERSITY OF ARKANSAS, 482): Page 3 New Business: ACTION TAKEN Approved COURT STREET, WALTON STREET, Approved ADM 13-4512: Administrative Item (WEDINGTON DRIVE AND SALEM ROAD/FOREST HILLS PZD MODIFICATION TO PLANNING AREA 2,440): Page 4 Forwarded ADM 13-4513: Administrative Item (WEDINGTON DRIVE AND SALEM ROAD/FOREST HILLS PZD MODIFICATION TO PLANNING AREA 5,440): Page 5 Forwarded ADM 13-4539: Administrative Item (4732 CASTLEWOOD LN, 99): Page 6 Denied CUP 13-4514: Conditional Use Permit (1728 E. MISSION BOULEVARD/FAIRVIEW MEMORIAL CEMETERY, 370): Page 7 Approved CUP 13-4519: Conditional Use Permit (2070 N. GARLAND AVENUE/CHILD CARE CENTER, 174): Page 8 Approved ADM 13-4510 Administrative Item (CHAPTER 166.08 ACCESS MANAGEMENT). Page 10 Forwarded ADM 13-4529: Administrative Item (PLANNING AREA BOUNDARY): Page 11 Forwarded Planning Commission October 28, 2013 Page 2 of 11 Blake Pennington Ryan Noble Craig Honchell Ron Autry Tracy Hoskins Porter Winston 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. MEMBERS ABSENT Kyle Cook 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 Kyle Cook were present. Planning Commission October 28, 2013 Page 3 of 11 Consent. Approval of the minutes from the October 14, 2013 meeting. VAC 13-4516: Vacation (BRENDA DRIVE, COURT STREET, WALTON STREET, ALLEY/UNIVERSITY OF ARKANSAS, 482): Submitted by DEVELOPMENT CONSULTANTS, INC. for properties located at WEST OF RAZORBACK ROAD AND NORTH OF CENTER STREET. The request is to vacate the right-of-way of Brenda Drive, Court Street, Walton Street, and a 30 -foot wide alley off of Hotz Drive. Motion• Commissioner Chesser made a motion to approve the consent agenda. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission October 28, 2013 Page 4 of 11 New Business: ADM 13-4512: Administrative Item (WEDINGTON DRIVE AND SALEM ROAD/FOREST HILLS PZD MODIFICATION TO PLANNING AREA 2,440): Submitted by MORRISON SHIPLEY ENGINEERS for property located in the Forest Hills Development at Wedington Drive and Salem Road. The property is zoned R-PZD FOREST HILLS. The request is to modify the zoning criteria for Planning Area 2 to change the density and use. Jesse Fulcher, Senior Planner, read the staff report. Sammi May, applicant, stated she agreed with the conditions. No public comment was presented. Commissioner Chesser stated he understood the need for the change. Motion: Commissioner Chesser made a motion to forward ADM 13-4512 with a recommendation for approval. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission October 28, 2013 Page 5 of 11 ADM 13-4513: Administrative Item (WEDINGTON DRIVE AND SALEM ROAD/FOREST HILLS PZD MODIFICATION TO PLANNING AREA 5,440): Submitted by MORRISON SHIPLEY ENGINEERS for property located in the Forest Hills Development at Wedington Drive and Salem Road. The property is zoned R-PZD FOREST HILLS. The request is to modify the zoning criteria for Planning Area 5 to change the density and layout Jesse Fulcher, Senior Planner, read the staff report. Sammi May, applicant, stated she agreed with the conditions. No public comment was presented. Commissioner Chesser stated he was sorry to see the townhouse concept go, but appreciated the increased tree preservation area. Motion: Commissioner Chesser made a motion to forward ADM 13-4513 with a recommendation for approval. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission October 28, 2013 Page 6 of]] ADM 13-4539: Administrative Item (4732 CASTLEWOOD LN, 99): Submitted by BLEW AND ASSOCIATES for property located at 4732 CASTLEWOOD LANE. The property is zoned R -O, Residential Office and contains approximately 0.58 acres. The request is for a variance of the 15 -foot greenspace requirement between the street right-of-way and parking lot. Quin Thompson, current Planner, read the staff report. Mike Parker, Applicant, explained his reasons for the request, and offered to answer questions. No public comment was presented. William Chesser, Commissioner, said that he felt that the request was the very definition of a `sefl-imposed' hardship, and that he could not support the request. Porter Winston, Commissioner, noted that a request to add more landscape area than required had been granted (CVS Pharmacy) recently in exchange for reduced landscape requirement in certain areas. Indicated that he would not support staff recommendation. Tracy Hoskins, Commissioner, cited reasons he felt the CVS Pharmacy request was substantially different and met the test for `hardship.' Craig Honchell, Commission Chair, asked staff if the parking and site layout was feasible and safe. Thompson replied that in staff opinion it was neither feasible nor safe as proposed. Motion #1: Commissioner Chesser made a motion to deny ADM 13-4539. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 6-2-0. (Commissioners Winston and Autry voting `no'). Planning Commission October 28, 2013 Page 7 of]] CUP 13-4514: Conditional Use Permit (1728 E. MISSION BOULEVARD/FAIRVIEW MEMORIAL CEMETERY, 370): Submitted by RAYMOND SMITH for property located at 1728 E. MISSION BOULEVARD. The property is zoned R -A RESIDENTIAL AGRICULTURAL and contains approximately 28.13 acres. The request is for a conditional use permit to bring the existing cemetery into compliance and for construction of a new columbaria. Quin Thompson, current Planner, read the staff report. Mr. Smith, attorney for applicant, explained the request. Public comment: Linda Pirtle, neighbor, expressed concerns about materials and garbage stored at the site. No more public comment was presented. Andrew Garner, Planning Director, said that he felt that if any issue concerning garbage would be a code violation and not relevant to the specific item (CUP) on the table. Scott Berna, owner, said that he does store dirt in the location described by Ms. Pirtle, as well as building supplies related to the proposed columbarium project. William Chesser, Commissioner, stated that he felt the project would benefit from a re -zone to bring the business into zoning conformance. Thompson stated that cemetery use required Conditional Use Approval in all zones. [Note: This last statement is incorrect. Cemetery use does not require CUP in all zones, and is allowed wherever Use Unit 4 is allowed by right. A Re -zone is therefore possible if the applicant requests one.] Motion: Commissioner Chesser made a motion to approve CUP 13-4514. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission October 28, 2013 Page 8 of 11 CUP 13-4519: Conditional Use Permit (2070 N. GARLAND AVENUE/CHILD CARE CENTER, 174): Submitted by MARSHA BILDERBACK for property located at 2070 N. GARLAND AVENUE. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 4. 10 acres. The request is for a conditional use permit to allow a child care facility (Use Unit 4). Andrew Garner, Senior Planner, gave the staff report. Marsha Bilderback, applicant, was present for questions. Public Comment: Zara Thomas owns 15 acres next to this. They haven't been to my house. I don't approve of them taking over. No more public comment was presented. Commissioner Winston asked the applicant about the number of employees. Marsh Bilderback discussed that they may need to get more employees in the future. ? Thomas, son of the adjacent property owner that just spoke, indicated that his dad is concerned with the maintenance of the driveway to his property that the church can use. Commissioner Winston asked about improvements to the private drive. Garner discussed concern that the size and impact of this daycare in the church did not meet the rough proportionality test of improvements to the driveway, in his opinion. Commissioner Hoskins asked the applicant about traffic flow using the private drive. Marsh Bilderback, applicant, discussed that she is not sure how many people use the private drive. Commissioner Chesser stated that he felt the private road needed consideration. Maybe we should take a look at the road in a year and see if there has been enough damage to warrant improvements. Commissioner Autry asked Mr. Thomas if he has reported damage to the roadway because of the church. Mr. Thomas indicated there have been no reports of damage. Motion #1: Commissioner Chesser made a motion to add condition of approval #7 to CUP 13-4519 stating that the applicant shall return to the commission in a year for review of the condition of the gravel road adjacent to the north property line of the church. Commissioner Winston seconded the motion. Planning Commission October 28, 2013 Page 9 of 11 Commissioner Autry discussed that if we require the church/daycare to improve this private gravel drive we are saying there is a problem when there is not really one. There have been no reports of complaints or damage to the driveway in 40 years of the adjacent property owner living there. Commissioner Pennington discussed that there is more use on the church side of things than the day care, and we could have asked for road improvements when the church received their recent conditional use permit Upon roll call the motion failed with a vote of 2-6-0. (Commissioners Hoskins, Pennington, Honchell, Bunch, Noble and Autry voting `no'). Motion #2: Commissioner Winston made a motion to add condition of approval #7 to CUP 13-4519 stating that the applicant shall place a sign inside the daycare business directing customers to use the paved driveway and not the gravel driveway. Commissioner Chesser seconded the motion. Upon roll call the motion failed with a vote of 2-6-0 (Commissioners Hoskins, Pennington, Honchell, Bunch, Noble and Autry voting `no'). Motion #3: Commissioner Chesser made a motion to approve CUP 13-4519 with conditions as recommended by staff. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 7-1-0. (Commissioner Winston voting `no'). Note: the applicant clarified during the meeting that the project description should be changed slightly to allow for the number of employees to be expanded beyond two as needed to account for increased demand. Planning Commission October 28, 2013 Page 10 of 11 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, Senior Planner, discussed the amended language provided by the City Attorney. Kit Williams, City Attorney, read the new language to the commission. Commissioner Pennington stated he supported the new language, had concern with the "tunnel" being created along some streets that are lined with fences. Commissioner Chesser stated he was in favor of the ordinance at the last meeting and likes the new language that's been added. Motion #1: Commissioner Pennington made a motion to amend the language in ADM 13-4510 for double -frontage lots as proposed and distributed by the City Attorney. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Motion #2: Commissioner Chesser made a motion to forward ADM 13-4510 to City Council with a recommendation for approval with the language as amended in Motion #1. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission October 28, 2013 Page 11 of II ADM 13-4529: Administrative Item (PLANNING AREA BOUNDARY): Submitted by City Staff for revisions to the Planning Area boundary map to be consistent with recent changes in state statute. Jeremy Pate, Development Services Director, discussed the changes to the Planning Area boundary. Motion: Commissioner Chesser made a motion to forward ADM 13-4529 to City Council with a recommendation for approval. Commissioner Pennington 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 8:25 PM.