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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 Page 4 of 10 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 Page 5 of 10 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 Page 6 of 10 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 Page 7 of 10 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 Page 8 of 10 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 Page 9 of 10 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 Page 10 of 10 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.