HomeMy WebLinkAbout2013-11-25 MinutesPlanning Commission
November 25, 2013
Page I of 9
MINUTES OF A MEETING OF THE
PLANNING COMMISSION
A regular meeting of the Fayetteville Planning Commission was held on November 25, 2013 at 5:30 p.m. in
Room 219, City Administration Building in Fayetteville, Arkansas.
Consent.
MINUTES: October 28, 2013
Page 3
MINUTES: November 12, 2013
Page 3
ACTION TAKEN
Approved
Approved
VAC 13-4533: Vacation (2732 & 2734 WILDWOOD/LEGACY, 363):
Page 3 Approved
New Business:
ADM 13-4527: Administrative Item (731 RAZORBACK/PRESTRIDGE, 560):
Page 4 Approved
CUP 13-4535: Conditional Use Permit (1481 W. VAN ASCHE DR./NWA TOWING &
RECOVERY, 209):
Page 5 Approved
RZN 13-4538: Rezone (RAZORBACK RD.NICTORY COMMONS, 560):
Page Forwarded
RZN 13-4536: Rezone (4310 W. MARTIN LUTHER KING BLVD./EDWARDS, 594):
Page 7 Denied
ADM 13-4331: (URBAN AGRICULTURE CODE AMENDMENTS):
Page 8 Tabled
Planning Commission
November 25, 2013
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William Chesser
Porter Winston
Craig Honchell
Ron Autry
Tracy Hoskins
Kyle Cook
Blake Pennington
Sarah Bunch
STAFF PRESENT
Andrew Garner
Quin Thompson
CITY ATTORNEY
Kit Williams, City Attorney
5:30 PM— Porter Winston called the meeting to order.
MEMBERS ABSENT
Ryan Noble
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 Noble were present.
Planning Commission
November 25, 2013
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Consent.
Approval of the minutes from the October 28, 2013 meeting.
Approval of the minutes from the November 12, 2013 meeting.
VAC 13-4533: Vacation (2732 & 2734 WILDWOOD/LEGACY, 363): Submitted by BATES &
ASSOCIATES for property located at the 2732 & 2734 WILDWOOD. The property is zoned RMF -24,
RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 1. 15 acre. The request
is to vacate a utility and drainage easements.
Motion:
Commissioner Cook 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.
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November 25, 2013
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New Business:
ADM 13-4527: Administrative Item (731 RAZORBACK/PRESTRIDGE, 560): Submitted by RUSTY AND
TARA PRESTRIDGE for property located at 731 RAZORBACK ROAD. The property contains approximately
0.73 acres and is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL. The request is for a variance to
allow a temporary retail structure to remain on the property for longer than 90 days.
Quin Thompson, Current Planner, read the staff report.
Rusty Prestridge, applicant, discussed his business and offered to answer questions.
No public comment was presented.
William Chesser, Commissioner, asked why the applicant's trailer was currently in violation of the [Outdoor
Mobile Vendor] permit.
Prestridge responded that his trailer was just a few feet from the approved location.
Chesser asked staff what the concern with the location was.
Thompson responded that the business is currently inside the building setback for the property.
Motion:
Commissioner Winston made a motion to approve ADM 13-4527. Commissioner Chesser seconded the
motion. Upon roll call the motion passed with a vote of 7-0-1. (Commissioner Hoskins recused.)
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November 25, 2013
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CUP 13-4535: Conditional Use Permit (1481 W. VAN ASCHE DR./NWA TOWING & RECOVERY,
209): Submitted by AMANDA MANNING for property located at 1481 WEST VAN ASCHE DRIVE. The
property contains approximately 2.68 acres and is zoned C-2, THOROUGHFARE COMMERCIAL. The
request is to operate a towing facility and impound yard on the property.
Andrew Garner, City Planning Director, gave the staff report.
Amanda Manning and Brent Manning, applicants, were present for questions, and discussed that they will
not be adding any new lighting and agree with the conditions of approval.
No public comment was presented.
Commissioner Hoskins asked about I-540 Design Overlay District.
Garner discussed that the DOD has been removed, except for in the sign ordinance where it prevents pole signs
in the DOD.
Commissioner Hoskins asked about commercial design standards of the existing building.
Garner discussed that it is grandfathered -in and is not required to be brought into compliance with this type of
application.
Motion:
Commissioner Chesser made a motion to approve CUP 13-4535. Commissioner Hoskins seconded the
motion. Upon roll call the motion passed with a vote of 7-0-1. (Commissioner Autry recused.)
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November 25, 2013
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RZN 13-4538: Rezone (RAZORBACK RD./VICTORY COMMONS, 560): Submitted by PARADIGM
DEVELOPMENT for property located at RAZORBACK ROAD. The property is zoned I-1, HEAVY
COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 5.17 acres. The request is to rezone
the property to UT, Urban Thoroughfare.
Quin Thompson, Current Planner, read the staff report.
Public comment:
Aubrey Shepherd, Citizen, said that he had photographed the area many times and said that the area contained
drainage and wetland areas. He said that the area was a designated Army Corps of Engineers wetland, and that
as such it is critical to properties downstream all the way to Beaver Lake.
William Chesser, Commissioner, asked Shepherd if there was timber on the southern portion of the property.
Shepherd answered that there was.
No more public comment was presented.
Chesser asked Thompson if the trees would be protected.
Thompson replied that development would be reviewed by the Urban Forester, and that a minimum canopy
requirement must be met.
Porter Winston, Commissioner, stated for the record that the Commission was concerned for the environment.
Kyle Cook, Commissioner, expressed his hope that staff would review any future development to ensure that
trails and street traffic conditions would be considered carefully to improve a difficult condition.
Motion:
Commissioner Chesser made a motion to forward RZN 13-4538. Commissioner Winston seconded
the motion. Upon roll call the motion passed with a vote of 7-0-1. (Commissioner Hoskins recused.)
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November 25, 2013
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RZN 13-4536: Rezone (4310 W. MARTIN LUTHER KING BLVDJEDWARDS, 594): Submitted by
BATES & ASSOCIATES, INC. for property located at 4310 WEST MARTIN LUTHER KING
BOULEVARD. The property contains approximately 4.42 acres and is zoned R -A, Residential Agricultural.
The request is rezone the property to C-1, Neighborhood Commercial.
Andrew Garner, City Planning Director, gave the staff report.
Evan Neihues, applicant, discussed the request for C-1, and the owner's concerns for developing a drive-
through in a form -based zoning district.
Garner discussed that it is possible to develop a drive-through restaurant in a form -based zoning district, but
that the drive-through could not likely be placed between the building and the public street.
Evan Neihues, applicant, discussed the concern with lot width and 65% street frontage requirement, variances
that may have to be requested.
Garner discussed fairly recent code changes to form -based zoning districts that exempt auto -oriented
development from having to meet the minimum buildable street frontage percentage.
Public Comment:
Aubrey Shepherd discussed watershed issues and concluded that he was okay with this proposal.
No more public comment was presented.
Commissioner Hoskins asked the applicant why they were including all four acres, including the
floodplain area in the rezoning.
Evan Neihues, applicant, discussed that the proposal does not necessarily have to include all four acres.
Commissioner Hoskins asked why the Community Services zoning district will not work.
Evan Neihues discussed concerns with access and cross access.
Commissioner Winston asked about the curb cut for this property.
Garner discussed the curb cut for Career Academy and notations placed on the lot split that was filed of
record limiting this overall original tract to a total of two curb -cuts to MLK Boulevard.
Commissioner Honchell asked about the setback for Career Academy.
Garner displayed an aerial photo on the screen showing the setback for Career Academy.
Commissioner Chesser asked if there were other zonings that could facilitate the applicant's type of
development.
Garner discussed that staff felt the property was appropriate for commercial uses, just not in the suburban
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November 25, 2013
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strip commercial form. He discussed a recent drive-through doughnut store for a national franchise that staff
reviewed in the Community Services zoning district that has a drive-through lane that is not between the
building and street. It is feasible for this property to be developed in an urban form in staff s opinion.
Commissioner Honchell discussed that this is a difficult decision but that he feels there is another solution
that can work here, rather than C-1.
Kit Williams, City Attorney, gave some background from his experience on City Council and reasons why
decisions were made along this street corridor to prevent another College Avenue type of development
pattern from occurring.
Commissioner Cook also gave background from his experience on City Council and decisions along the
MLK corridor.
Motion:
Commissioner Chesser made a motion to deny RZN 13-4536. Commissioner Autry seconded the
motion. Upon roll call the motion passed with a vote of 8-0-0.
Planning Commission
November 25, 2013
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ADM 13-4331: (URBAN AGRICULTURE CODE AMENDMENTS): Submitted by SUSTAINABILITY
& STRATEGIC PLANNING staff. This request is to amend Chapters 151, 162, 163 and 164 to modify
regulations associated with Animals and Fowl, and Urban Agriculture.
STAFF RECOMMENDS TABLING THIS ITEM UNTIL THE DECEMBER 9, 2013 PLANNING
COMMISSION MEETING.
No staff report was presented.
No public comment was presented.
Motion:
Commissioner Chesser made a motion to table ADM 13-4331 to the 12-9-13 Planning Commission
meeting. 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 7.25 PM.