The URL can be used to link to this page

Home My WebLink About2013-12-09 MinutesPlanning Commission December 9, 2013 Page I of 14 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on December 9, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: November 25, 2013 Page 3 ACTION TAKEN Approved VAC 13-4544: Vacation (HARVEY'S HILL/CENTER & DUNCAN, 522): Approved Page 3 ADM 13-4566: Administrative Item (3145 W. SALEM RD./RAVEN LANE AMENDMENT, 206): Page 3 Approved New Business: ADM 13-4542: Administrative Item (617 N. COLLEGE AVE./KONA COAST, 445): Page 4 Approved LSD 13-4483: Large Scale Development (1707 W. NETTLESHIP ST./UNIVERSITY BROWNSTONES, 520): Pages Approved LSD 13-4524: Large Scale Development (INTERSECTION OF W. CENTER ST. & S. HILL AVE./HARVEY'S HILL, 483): Page 6 Tabled RZN 13-4546: Rezone (4377 HUNTSVILLE ROAD/BALDWIN CHURCH OF CHRIST, 569): Page 7 Forwarded RZN 13-4547: Rezone (MLK/BEECHWOOD/EATON, 521): Page 8 Forwarded RZN 13-4548: Rezone (MCMILLAN ESTATES, 441): Forwarded Page 9 January 13, 2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 1 of 14 Planning Commission December 9, 2013 Page 2 of 14 RZN 13-4552: Rezone (PARK WEST, 209): Forwarded Page 10 RZN 13-4553: Rezone (WEDINGTON CIRCLE, 404): Forwarded Page 11 ADM 13-4565: Administrative Item (UDC AMENDMENT: LARGE SCALE DEVELOPMENT/PARKLAND DEDICATION APPLICABILITY): Forwarded Page 12 ADM 13-4331: (UDC AMENDMENT: URBAN AGRICULTURE CODE AMENDMENTS): Page 13 MEMBERS PRESENT William Chesser Porter Winston Craig Honchell Ron Autry Tracy Hoskins Kyle Cook Ryan Noble STAFF PRESENT Andrew Garner Quin Thompson Jesse Fulcher Glenn Newman CITY ATTORNEY Kit Williams, City Attorney 5:30 PM— Porter Winston called the meeting to order. Tabled MEMBERS ABSENT Sarah Bunch Blake Pennington 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 Bunch and Pennington were present. January 13, 2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 2 of 14 Planning Commission December 9, 2013 Page 3 of 14 Consent. Approval of the minutes from the November 25, 2013 meeting. VAC 13-4544: Vacation (HARVEY'S HILL/CENTER & DUNCAN, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at the INTERSECTION OF WEST CENTER STREET AND SOUTH HILL AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE and DG, DOWNTOWN GENERAL and contains approximately 2.08 acres. The request is to vacate a 25' utility easement. ADM 13-4566: Administrative Item (3145 W. SALEM RD./RAVEN LANE AMENDMENT, 206): Submitted by MIKE MUCCIO for property located at 3145 WEST SALEM ROAD. The property is in the PLANNING AREA and contains approximately 6.53 acres. The request is for a slight realignment of Raven Lane on the Master Street Plan. 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 7-0-0. January 13, 2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 3 of 14 Planning Commission December 9, 2013 Page 4 of 14 New Business: ADM 13-4542: Administrative Item (617 N. COLLEGE AVE./KONA COAST, 445): Submitted by ABBIE ROSE 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 longer than 90 days. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Abbie Rose, applicant, stated she was requesting an extension Commissioner Hoskins asked if there were any similar businesses nearby. Fulcher stated no. Commissioner Winston asked how many extensions had been requested in 2013. Fulcher stated five and at least one has moved to a brick and mortar location. Andrew Garner, City Planning Director, asked the Commissioners if they had any input concerning possible site improvements for 2014 if we continue to see extension requests. Commissioner Hoskins stated that parking lot improvements or a bathroom facility are two items to look at next year. Motion: Commissioner Winston made a motion to approve ADM 13-4542. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 6-0-1. (Commissioner Honchell recused.) Commissioner Pennington arrived after this item. January 13, 2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 4 of 14 Planning Commission December 9, 2013 Page 5 of 14 LSD 13-4483: Large Scale Development (1707 W. NETTLESHIP ST.1UNIVERSITY BROWNSTONES, 520): Submitted by BLEW AND ASSOCIATES for property located at 1707 WEST NETTLESHIP STREET. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 1.00 acre. The request is to construct two buildings with 13 residential units. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Glenn Carter, applicant, stated he agree with the conditions of approval. Commissioner Autry discussed the Subdivision Committee meeting. The west side of the building has been updated since then. Commissioner Hoskins asked about the driveway width near the dumpster. Carter stated that it will be tight for the last unit. Motion: Commissioner Winston made a motion to approve LSD 13-4483 in favor of all conditions. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. January 13, 2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 5 of 14 Planning Commission December 9, 2013 Page 6 of 14 LSD 13-4524: Large Scale Development (INTERSECTION OF W. CENTER ST. & S. HILL AVE./HARVEY'S HILL, 483): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at the INTERSECTION OF WEST CENTER STREET AND SOUTH HILL AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE and DG, DOWNTOWN GENERAL and contains approximately 2.08 acres. The request is to build 175 units with a parking deck. No staff report or public comment were presented. Motion: Commissioner Chesser made a motion to table LSD 13-4524 to the 1-13-14 meeting. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. January 13, 2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 6 of 14 Planning Commission December 9, 2013 Page 7 of 14 RZN 13-4546: Rezone (4377 HUNTSVILLE ROADBALDWIN CHURCH OF CHRIST, 569): Submitted by JORGENSEN & ASSOCIATES for property located at 4377 HUNTSVILLE ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY FOUR UNITS PER ACRE and contains approximately 2.07 acres. The request is to rezone the property to P-1, INSTITUTIONAL. Quin Thompson, current planner, read the staff report. No public comment was presented. Justin Jorgensen, applicant, reiterated the main points of the staff report, offered to answer questions. Motion: Commissioner Cook made a motion to forward RZN 13-4546 to City Council with a recommendation for approval. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. January 13, 2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 7 of 14 Planning Commission December 9, 2013 Page 8 of 14 RZN 13-4547: Rezone (MLK/BEECHWOOD/EATON, 521): Submitted by JORGENSEN & ASSOCIATES for property located at 1541/1555/1561 MARTIN LUTHER KING BLVD. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 1.54 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. Justin Jorgensen, applicant, reiterated the main points of the staff report, offered to answer questions. He noted that the request is related to property recently rezoned to the south, and that he felt the zoning to be appropriate for the area. Tracy Hoskins, Planning Commissioner, asked Mr. Jorgensen why the request was for CS, Community Services, rather than UT, Urban Thoroughfare. Jorgensen responded that there was no particular reason, other than the CS zone meets the goals of the owner. Hoskins asked staff about differences between UT and CS zones. Andrew Garner, Planning Director, responded that the main difference would be that UT would allow for larger retailers (big box stores.) Kyle Cook, Planning Commissioner, stated for the record that when the area is developed, staff should consider that existing streets remain for beneficial connectivity in an area of difficult traffic conditions, and that curb cuts on MLK BLVD should be reduced wherever possible for safety. Motion: Commissioner Chesser made a motion to forward RZN 13-4547 to City Council with a recommendation for approval. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. January 13, 2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 8 of 14 Planning Commission December 9, 2013 Page 9 of 14 RZN 13-4548: Rezone (MCMILLAN ESTATES, 441): Submitted by JORGENSEN & ASSOCIATES for property located at the SOUTHEAST CORNER OF I-540 AND WEDINGTON DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 19.61 acres. The request is to rezone the property to UT, Urban Thoroughfare. Andrew Garner, City Planning Director, gave the staff report. Justin Jorgensen, applicant, was present for any questions. No public comment was presented. Commissioner Winston asked about the property to the west near the trail. Justin Jorgensen, applicant, responded that the property in question was a detention pond which was unbuildable and is left out of the rezoning. Commissioner Cook discussed limited access to Wedington and Futrall for this parcel. He discussed concerns with higher traffic volumes with the proposed UT zoning district. Commissioner Chesser discussed that he did not think UT would have a substantially different traffic impact than the existing C-2 zoning. Motion: Commissioner Chesser made a motion to forward RZN 13-4548 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. January 13, 2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 9 of 14 Planning Commission December 9, 2013 Page 10 of 14 RZN 13-4552: Rezone (PARK WEST, 209): Submitted by ENGINEERING SERVICES for property located at HWY 112, NORTH OF TRUCKERS DRIVE. The property is zoned R-PZD PARK WEST and contains approximately 25.90 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Bo Wilkins, applicant, had no comments. Commissioner Chesser asked about the remainder of the property zoned PZD. Andrew Garner, City Planning Director, stated that there is no plan to rezone the rest at this time. Kit Williams, City Attorney, asked if there was one owner of the entire property. Wilkins stated there was only one owner currently. Williams stated that the owner should talk to staff about rezoning the rest from the expired PZD. Motion: Commissioner Chesser made a motion to forward RZN 13-4552 to City Council with a recommendation for approval. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. January 13, 2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 10 of 14 Planning Commission December 9, 2013 Page 11 of 14 RZN 13-4553: Rezone (WEDINGTON CIRCLE, 404): Submitted by JOHN SCHMELZLE for property located WEST OF WEDINGTON DRIVE AND GARLAND AVENUE. The property is zoned R-PZD WEDINGTON CIRCLE and contains approximately 6.12 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Clinton Bennett, representing applicant, had no comments. Commissioner Chesser stated that access to this property is very challenging, but the zoning request is appropriate. Motion: Commissioner Hoskins made a motion to forward RZN 13-4553 to City Council with a recommendation for approval. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. January 13, 2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 11 of 14 Planning Commission December 9, 2013 Page 12 of 14 ADM 13-4565: Administrative Item (UDC AMENDMENT: LARGE SCALE DEVELOPMENT/PARKLAND DEDICATION APPLICABILITY): Submitted by CITY PLANNING AND PARKS DEPARTMENT STAFF for revisions to the Unified Development Code, Chapters 151, 166 and the City Code §94.06 to amend the definition of and applicability for parkland dedication for certain large scale development applications. Andrew Garner, City Planning Director, gave the staff report. Alison Jumper, Park Planning Superintendent, discussed the background and justification behind the proposed code changes. Kit Williams, City Attorney, discussed that this is levelling the playing field and really so everybody pays their fair share. He discussed the background behind the parkland dedication ordinance and why the 24 units per acre was chosen in this code change. Commissioner Honchell discussed that he was surprised that it took this long for it to go through. Commissioner Hoskins asked the City Attorney how projects less than an acre are exempt from parks fees. Williams discussed the applicability of the parks fees section of the code and why we should change the code the way it is being proposed. Commissioner Hoskins asked about applying parks fees to smaller scale projects. Williams discussed the rationale for our parks impacts fees and retaining the option for dedicating land instead of paying fees, and if we required smaller projects to be subject to parks fees, it would not be feasible to dedicate land for parks on these very small projects. No public comment was presented. Motion: Commissioner Chesser made a motion to forward ADM 13-4565 to City Council with a recommendation for approval. Commissioner Pennington seconded the motion. Commissioner Winston asked about the trend of building units with more bedrooms, or only one bedroom. Why would we look at this in terms of units instead of bedrooms. Williams discussed that it would be easier to count units instead of bedrooms. Upon roll call the motion passed with a vote of 8-0-0. ADM 13-4331: (UDC AMENDMENT: URBAN AGRICULTURE CODE AMENDMENTS): Submitted by SUSTAINABILITY & STRATEGIC PLANNING staff. This request is to amend Chapters 151, 162, 163 January 13, 2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 12 of 14 Planning Commission December 9, 2013 Page 13 of 14 and 164 to modify regulations associated with Animals and Fowl, and Urban Agriculture. Peter Nierengarten, Sustainability and Strategic Planning Director on the background and details related to the proposed changes to UDC: - Chapter 164.10: Garage Sales - Adding agricultural and produce sales as an allowed use; - Chapter 162:01 Use Units - Including the sales of home produced agricultural products as an allowable home occupation. This use unit is a conditional use in all residential zoning districts; - Chapter 163.08: Home Occupation Use Conditions - Allow sales to take place in accessory structures and regulate signage in residential zoning districts. - Chapter 164:04: Animals and Fowl — Expand currently allowed fowl, allow bees and goats on certain lots meeting zoning, setback and other criteria Public Comment: Don Bennett, Executive Director of Tri -cycle Farms, was in support of the proposed ordinance and helped to provide clarity on the definition/size of beehives. Joanna Pollock, member and neighbor of Tri -cycle Farms. No more public comment was presented. Commissioner Autry discussed that he likes principals of the ordinance and wants to find a way to make it work. He is concerned that goats could jump fences, concerned about unsigned beehives, and does not like goats being allowed in front yards. Commissioner Honchell stated that he supported the intent of ordinance. How big is a hive and what defines a hive? He wants signage or registration requirement for beehives. We need to deal with waste disposal of manure. He wants the ability to track home grown and home produced food products. He does not like goats being allowed in front yards. Commissioner Hoskins does not like goats being allowed in front yard because it may encourage chain link and tall fences in front yards. What defines a hive and how large are they? He would like staff to look at examples from other cities. He has concerns about how people would store products for extended periods of time for 4 times per year garage sales. He wanted to know if other cities' ordinances were looked at in developing these recommendations. He has concerns that total lot area may not be the best way of determining how many animals are allowed on a lot. Does not want to vote tonight because he thinks the ordinance is too loose. Commissioner Pennington discussed that he does not want goats in front yard and wants physical separation of bees from property lines. Commissioner Chesser wanted to see the map shown and explained again. Based on map, he does not believe that goats will be allover town. He thinks goats should be allowed on larger lots in front yard. He is concerned that the wording that prohibits outside slaughter of fowl is confusing. He is comfortable passing ordinance tonight. He recognizes concerns about bees but pointed out that bees already exist (naturally) in Fayetteville. Commissioner Cook asked if you would you have to get a business license to have a home occupation and/or sell produce at a garage sale? He wanted to know how this ordinance might affect water quality and would January 13, 2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 13 of 14 Planning Commission December 9, 2013 Page 14 of 14 animals be allowed in the stream side protection zone. He likes the ordinance and thinks it will be good for Fayetteville. Commissioner Winston asked what is the trigger to request that staff investigate animal abuse? Motion #1: Commissioner Chesser made a motion to forward ADM 13-4331 to the City Council with a recommend for approval. Commissioner Cook seconded the motion. Kit Williams, City Attorney, expressed concern about fowl exemption of the code and how that would affect allowances on R -A lands. Chesser amended his motion to include removing the striking under Section 12. Commissioner Cook agreed with the amendment Upon roll call the motion failed with a vote of 4-4-0. (Commissioners Honchell, Pennington, Autry, and Hoskins voted "no".) Motion #2: Commissioner Hoskins made a motion to reconsider ADM 13-4331. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Motion #3: Commissioner Hoskins made a motion to table ADM 13-4331 to the January 13, 2014 meeting. Commissioner Autry 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 7.53 PM. January 13, 2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 14 of 14