HomeMy WebLinkAbout2013-11-12 MinutesPlanning Commission
November 12, 2013
Page I of 10
MINUTES OF A MEETING OF THE
PLANNING COMMISSION
A regular meeting of the Fayetteville Planning Commission was held on November 12, 2013 at 5:30 p.m. in
Room 219, City Administration Building in Fayetteville, Arkansas.
ACTION TAKEN
Consent:
ADM 13-4528: Administrative Item (112 W. BOLES STJOLD BUILDING, 484):
Page 3 Approved
ADM 13-4541: Administrative Item (4520 N CROSSOVER/NELSON-BERNA, 99):
Page 3 Approved
New Business:
ADM 13-4526: Administrative Item (617 N. COLLEGE AVE./MGB PHOTO, 445):
Page 4 Approved
CUP 13-4507: Conditional Use Permit (1923 E. JOYCE BLVD.BUTTERFIELD TRAIL
VILLAGE, 175):
Page 5
Approved
LSD 13-4490: Large Scale Development (1923 E. JOYCE BLVD./BUTTERFIELD TRAIL
VILLAGE, 175):
Page 6
Approved
CUP 13-4522: Conditional Use Permit (3399 W. BLACK FOREST DR./NW MEDICAL CLINIC,
440):
Page 7
Approved
LSD 13-4523: Large Scale Development (3399 W. BLACK FOREST DR./NW MEDICAL CLINIC,
440):
Page 8
Approved
RZN 13-4520: Rezone (S. OF MARTIN LUTHER KING BLVD. AND EAST OF S.
BEECHWOOD/EATON, 560):
Page 9 Forwarded
RZN 13-4521: Rezone (2468 N. CROSSOVER RD./LYNWOOD ESTATES, 294):
Page 10 Denied
Planning Commission
November 72, 2013
Page 2 of 10
William Chesser
Ryan Noble
Craig Honchell
Ron Autry
Tracy Hoskins
Kyle Cook
STAFF PRESENT
Andrew Garner
Jesse Fulcher
Quin Thompson
Glenn Newman
CITY ATTORNEY
Kit Williams, City Attorney
5:30 PM— Tracy Hoskins called the meeting to order.
MEMBERS ABSENT
Blake Pennington
Sarah Bunch
Porter Winston
Tracy Hoskins requested all cell phones to be turned off and informed the audience that listening devices
were available.
Upon roll call all members except Pennington, Bunch, and Winston were present.
Planning Commission
November 72, 2013
Page 3 of 10
Consent.
ADM 13-4528: Administrative Item (112 W. BOLES ST./OLD BUILDING, 484): Submitted by OLD
BUILDINGS, LLC for property located at 112 W. BOLES STREET. The property contains approximately 0.08
acres and is zoned NC, NEIGHBORHOOD CONSERVATION. The request is a variance to allow a curb -cut
variance.
ADM 13-4541: Administrative Item (4520 N CROSSOVER/NELSON-BERNA, 99): Submitted by
ENGINEERING SERVICES, INC. for property located at 4520 N. CROSSOVER ROAD. The property
contains approximately 3.07 acres and is zoned R -O, RESIDENTIAL OFFICE. The request is for a variance of
the Access Management Ordinance.
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.
Planning Commission
November 72, 2013
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New Business:
ADM 13-4526: Administrative Item (617 N. COLLEGE AVE./MGB PHOTO, 445): Submitted by
MALLORY BERRY for property located at 617 NORTH COLLEGE AVENUE. The property contains
approximately 0.25 acres and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is for a variance
to allow a temporary retail structure (airstream trailer) to remain on the property for longer than 90 days.
Quin Thompson, Current Planner, read the staff report.
Mallory Berry, Applicant, was present to answer questions.
No public comment was presented.
Tracy Hoskins, Commissioner, said, in response to staff's assertion that location was not an important factor
when clients select a wedding or portrait photographer, that if location is not important then it would not hurt
the business to relocate. He asked the applicant if she had any intention to move into a `permanent' location.
Malory Berry stated that she had no such intention, that the airstream trailer was an important part of her
`brand' in an oversaturated market. She stated that her only plans to relocate were a move to Chicago in a few
years.
Hoskins said that this was a case of `perpetual renewal' of a mobile business and that he could not support the
variance.
Motion:
Commissioner Cook made a motion to approve ADM 13-4526. Commissioner Chesser seconded the
motion. Upon roll call the motion passed with a vote of 5-1-0. (Commissioner Hoskins voted "no".)
Planning Commission
November 72, 2013
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CUP 13-4507: Conditional Use Permit (1923 E. JOYCE BLVD./BUTTERFIELD TRAIL VILLAGE,
175): Submitted by CRAFTON TULL for property located at 1923 EAST JOYCE BOULEVARD. The
property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains
approximately 9.26 acres. The request is for a conditional use permit to allow an Assisted Living Facility (Use
Unit 4), in a RMF -24 zoning.
Jesse Fulcher, Senior Planner, read the staff report.
No public comment was presented.
Diego Garcia, applicant, was present.
Motion:
Commissioner Chesser made a motion to approve CUP 13-4507. Commissioner Hoskins seconded the
motion. Upon roll call the motion passed with a vote of 6-0-0.
Planning Commission
November 72, 2013
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LSD 13-4490: Large Scale Development (1923 E. JOYCE BLVD./BUTTERFIELD TRAIL VILLAGE,
175): Submitted by CRAFTON TULL for property located at 1923 EAST JOYCE BOULEVARD. The
property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains
approximately 9.26 acres. The request is to build a fitness center and assisted living center with associated
parking.
Jesse Fulcher, Senior Planner, read the staff report.
No public comment was presented.
Diego Garcia, applicant, was present.
Commissioner Hoskins asked the applicant if the tree next to the building had been preserved as requested by
the Urban Forester.
Garcia stated that the plans had been modified to preserve the tree.
Motion:
Commissioner Chesser made a motion to approve LSD 13-4490. Commissioner Hoskins seconded the
motion. Upon roll call the motion passed with a vote of 6-0-0.
Planning Commission
November 72, 2013
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CUP 13-4522: Conditional Use Permit (3399 W. BLACK FOREST DR./NW MEDICAL CLINIC, 440):
Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 3399 WEST BLACK
FOREST DRIVE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and
contains approximately 1.83 acres. The request is for parking above the maximum allowed by UDC.
LSD 13-4523: Large Scale Development (3399 W. BLACK FOREST DR./NW MEDICAL CLINIC, 440):
Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 3399 WEST BLACK
FOREST DRIVE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and
contains approximately 1.83 acres. The request is to build 13,477 sq. ft. medical clinic with associated parking.
Andrew Garner, City Planning Director, gave the staff report for both CUP 13-4522 and LSD 13-4523.
Sammi May, applicant, was present for any questions and agreed with all conditions.
No public comment was presented on either CUP 13-4522 or LSD 13-4523.
Commissioner Hoskins if they agreed to not only attempt to preserve the tree in the parking lot island but
mitigate for its potential loss.
Sammi May, applicant, stated, yes, they have included the mitigation trees on their plan.
Commissioner Hoskins discussed that they have gone above and beyond what is required.
Commissioner Chesser stated agreement with Commissioner Hoskins and asked about shared parking with
Wal -mart.
Garner discussed that the applicant had already indicated that Wal -mart is not willing to share any parking
spaces with them.
Motion for CUP 13-4522:
Commissioner Chesser made a motion to approve CUP 13-4522 with all conditions as recommended by
staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-0-0.
Motion for LSD 13-4523:
Commissioner Chesser made a motion to approve LSD 13-4523 with all conditions as recommended by
staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-0-
0.
Planning Commission
November 72, 2013
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RZN 13-4520: Rezone (S. OF MARTIN LUTHER KING BLVD. AND EAST OF S.
BEECHWOOD/EATON, 560): Submitted by JORGENSEN & ASSOCIATES for property located
SOUTH OF MARTIN LUTHER KING BOULEVARD AND EAST OF SOUTH BEECHWOOD. The
property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains
approximately 12.48 acres. The request is to rezone the property to CS, COMMUNITY SERVICES.
Quin Thompson, Current Planner, read the staff report.
No public comment was presented.
Tracy Hoskins, Commissioner, said that in his opinion this was the perfect zone in the perfect place.
Kyle Cook, Commissioner, concurred with Hoskins.
Motion:
Commissioner Hoskins made a motion to forward RZN 13-4520 to City Council. Commissioner
Chesser seconded the motion. Upon roll call the motion passed with a vote of 6-0-0.
Planning Commission
November 72, 2013
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RZN 13-4521: Rezone (2468 N. CROSSOVER RD./LYNWOOD 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 rezone the property to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE.
Andrew Garner, City Planning Director, gave the staff report.
Ben Israel, applicant, gave background for the request.
Public Comment:
Fanny Long, POA president for Edenbrook. Discussed that Mr. Jones request says 26 homes, however
the drawing he showed them shows only 17. We do not know what will happen there. The fronts of the
homes are only 30 feet back from Crossover Road. The proposed internal street is too tight for emergency
vehicles. She discussed problems with the layout of the Hickory Park subdivision across the street. She
discussed concerns with the median being in Crossover Road allowing only right turns causing u -turns at
Township or a turnaround in their private drive. She has concerns that this type of development will not
attract buyers at $400,000.00 per house when you can buy the same house for $220,000.00 on Zion Road.
This is speculative and does not fit in to the neighborhood, and is not marketable.
Leslie Camron, lives in Hickory Park. She discussed that just because the developer wants the zoning
does not mean the City owes it to them. She discussed that the existing zoning is appropriate and he can
do what he wants for what it is zoned for.
Ann Rose Bailey, lives on the west side across from the rezoning. I hope you listen to the citizens and
vote against this request.
Brian Runnels, read a quote about zoning. He discussed the surrounding lot size, compaction from this
development on his property, and that he would hate to lose his big trees.
Jerry Jones, owner/applicant, discussed the development pattern across from Park Place on Mission
Boulevard with a mix of uses including duplexes and apartments next to the larger homes. I don't see
things run down over there, the property values haven't gone down. It is an easy flowing highway now.
We are looking to construct 16-17 units. This is a more compatible single family home. I don't
understand traffic concerns, right turns from this development will be safe. We are trying to make the
land marketable.
Caleb Critite (sp?), president of the Hickory Park subdivision. He read the purpose statement in the RSF-
8 zoning. He lives directly across from the proposal. This is more appropriate in a downtown area. I don't
know what will go there. He does not think RSF-8 fits this side of town.
Dennis Bailey, lives in Hickory Park. He discussed challenges with the design of the Hickory Park
subdivision such as 18 wheelers blocking the road and issues with trash people. This is not ideal planning
or design. This will be rental houses. He discussed the duplexes across the street from Butterfield
Elementary school that are now a slum. He discussed concerns with trucks and noise. There are problems
here. Vote against this.
Planning Commission
November 72, 2013
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No more public comment was presented.
Commissioner Hoskins discussed driveway points and internal streets and various development
scenarios. He discussed design and access management. There would be no conflicting turning
movements. Compatibility is not the same as identical, this is compatible. He discussed the density of
Hickory Park and this potentially being a similar density. He discussed the Guiding Principles of City
Plan 2030. I don't see this negatively affecting the surrounding property. High density will buffer the
property to the east. I will support this.
Commissioner Chesser agreed with Commissioner Hoskins. This is consistent with City Plan 2030. We
need to increase density in order to meet our City goals.
Commissioner Honchell discussed that he cannot support this. He discussed concems with the purpose
statement of the RSF- zoning. RSF-2 zoning is appropriate, and maybe a maximum zoning should be
RSF-4 here. We are creating a u -turn hazard and there is a stacking problem at Township. His primary
concern is safety.
Commissioner Autry agreed with Commissioner Honchell. He also discussed the definition of RSF-8
and his concern with it. He agreed with residents in the area.
Garner gave background of the RSF-8 zoning and discussed the purpose statement that was read and
discussed that this is not a problem legally or from a planning perspective to apply the RSF-8 zoning
outside of downtown, and it has been applied in other subdivisions outside of downtown.
Commissioner Hoskins asked about staff's concerns with density in this location and access to
Crossover Road.
Garner discussed that staff is not concerned that the zoning would be overly dense and that access would
be limited through our access management and reviewed in detail at the time of development..
Kit Williams, City Attorney, discussed his concerns with multiple driveways onto Crossover Road from
this development and the access management ordinance.
Commissioner Hoskins discussed that because of the multiple driveway issues he will not support it and
might suggest a PZD.
Motion:
Commissioner Chesser made a motion to forward RZN 13-4521 to City Council with a
recommendation for approval. Commissioner Hoskins seconded the motion. Upon roll call the
motion failed with a vote of 1-5-0. (Commissioners Autry, Hoskins, Honchell, Cook, and Noble voted
"no".)
There being no further business, the meeting was adjourned at 6:56 PM.