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HomeMy WebLinkAbout2014-03-10 MinutesCITY OF a e evl jqY ARKANS Planning Commission March 10, 2014 5:30 PM City Administration Building in Fayetteville, AR, Room 219 Members: Craig Honchell - Chair, Kyle Cook - Vice -Chair, Sarah Bunch — Secretary, Chesser, Ron Autry, Ryan Noble, Porter Winston, and Tracy Hoskins City Staff: Andrew Garner— City Planning Director, Jesse Fulcher— Senior Planner, Thompson — Planner, Glenn Newman — Development & Construction Manager, Cory Granderson — Staff Engineer, and Kit Williams — City Attorney 1. Call to Order: 5:30 PM, Craig Honchell MINUTES William Quin 2. In Attendance: Craig Honchell, Porter Winston, Sarah Bunch, Tracy Hoskins, Ryan Noble, Ron Autry, and William Chesser Absent: Kyle Cook 'Note: Kyle Cook arrived after consent agenda. Staff: Andrew Garner, Quin Thompson, Cory Granderson, and Kit Williams 3. Approval of Consent Agenda: Yes Approval of the minutes from the February 24, 2014 meeting. LSD 13-4581: Large Scale Development (WEST OF MITCHELL ST. ON S. SANG AVE./CHATEAU SPRINGS, 520): Submitted by BLEW AND ASSOCIATES for property located NORTH OF MITCHELL STREET ON SOUTH SANG AVENUE. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 1.18 acre. The request is to construct two buildings with 10 residential units. ADM 14-4651: Administrative Item (1481 W. VAN ASCHE DRIVE/NWA TOWING, 209): Submitted by AMANDA AND BRENT MANNING for property located at 1481 W. VAN ASCHE DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL. The request is for a modification to condition of approval No. 2 from CUP 13-4535 to modify the timing of the required chain link fence relocation because of the City's improvements to Van Asche Drive. Motion: Commissioner Winston made a motion to approve the consent agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Mailing Address: Planning Commission 113 W. Mountain Street www.FP Ok?4ig@lgr.gov Fayetteville, AR 72701 Agenda Item 1 03-10-14 Minutes Page 1 of 10 4. Old Business: LSD 13-4568: Large Scale Development (NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE/KUM & GO, 329): Submitted by CEI ENGINEERING for property located at the NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.69 acres. The request is to build a 4,991 square foot gas station with associated parking. No staff report and no public comment were presented. Motion : Commissioner Chesser made a motion to table LSD 13-4568 to the 3-24-14 meeting. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission March 24, 2014 2 Agenda Item 1 03-10-14 Minutes Page 2 of 10 5. New Business: RZN 14-4618: Rezone (SOUTHWEST CORNER OF PADDOCK LANE AND HAPPY HOLLOW RD/PADDOCK SD, 526): Submitted by BLEW AND ASSOCIATES for property located AT THE SOUTHWEST CORNER OF PADDOCK LANE AND HAPPY HOLLOW ROAD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 9.77 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. No staff report and no public comment were presented. Motion: Commissioner Chesser made a motion to table RZN 14-4618 to the 3-24-14 meeting. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission March 24, 2014 3 Agenda Item 1 03-10-14 Minutes Page 3 of 10 RZN 14-4619: Rezone (6350 W. SELLERS RD.MINDSOR, 513): Submitted by BLEW AND ASSOCIATES for property located at 6350 WEST SELLERS ROAD. The property is zoned RSF-2, RESIDENTIAL SINGLE-FAMILY, 2 UNITS PER ACRE and contains approximately 34.44 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. Quin Thompson, current planner, read the staff report. No public comment was presented. Buckley Blew, applicant, said that the project did not need additional density, but did need narrower lots minimums. Then he added that more lots are needed in order to offset the cost of required sewer improvements to the site. William Chesser, Commissioner, said that he felt he could not support and additional ten lots over the maximum allowed under the current zoning. He added that the additional lots would be too much density for the area, and too much impact on infrastructure. Porter Winston, Commissioner, said that he was concerned with impact to the adjacent stream, and felt that the increased density was incompatible overall with the area. Tracy Hoskins, Commissioner, said that the higher density would require more infrastructure improvements. He said that he would be supportive of the extra lots. Kyle Cook, Commissioner, asked about the location of the existing sewer lift station nearby, and the potential to connect to that. Corey Granderson, Staff Engineer, stated that the existing lift station to the north would require upgrades to support the project, and that a new lift station would be needed to reach it. Blew added that the existing lift station to the north is not up to City specification, and would require significant upgrades to serve the proposed development. Cook noted that the City policy prefers not to use force mains. Kit Williams, City Attorney, asked if the applicant had pursued a design that would bring gravity service from the north, and creating a single new lift station on the property rather than building a new one and upgrading an existing but sub -standard station. Granderson, said that the City may be interested in that approach with a potential for a cost sharing arrangement. Honchell, said he expected that the Bill of Assurance provided would be nearer the number of lots feasible under the current zoning. He added that his concern is that RSF-4 would set a precedent for future development at a density higher than would be compatible with the surrounding neighborhood. Ron Autry, Commissioner, said his concern is that the project will return again and again to the Commission if the request is not approved. Planning Commission March 24, 2014 4 Agenda Item 1 03-10-14 Minutes Page 4 of 10 Cook said that RSF-2 was granted years ago because services were so limited. Services have not been improved, and the requested higher density will create more car trips, more impact on roads. Chesser said that he supports the staff recommendation, stating that the property will develop at a point when the time is right, but that it may take time. He said that the property was zoned RSF-2 for a reason, and that the Commission should respect that. Sarah Bunch, Commissioner, said she visited the site, and feels that the market is not ready to support the type of development the proposed zone would allow. Winston said that the core of the argument is that the density is needed to justify the cost of required improvements that the development is causing. Honchell said that the can't support the request, as it would be inconsistent with past rezoning decisions, and that he feels that the proposal would allow too much density for the area. Williams noted that the applicant had ten days to submit an appeal of the decision. Motion: Commissioner Cook made a motion to forward RZN 14-4619 to City Council with a recommendation for approval. Commissioner Bunch seconded the motion. Upon roll call the motion failed with a vote of 3-5-0. Commissioners Chesser, Honchell, Cook, Winston, and Bunch voted "no". Planning Commission March 24, 2014 5 Agenda Item 1 03-10-14 Minutes Page 5 of 10 LSD 14-4629: Large Scale Development (1249 W. CATO SPRINGS/MOON DISTRIBUTORS, 638): Submitted by CIVIL DESIGN ENGINEERS for property located at 1249 W. CATO SPRINGS. The property is zoned 1-1, HEAVY COMMERCIAL LIGHT INDUSTRIAL and contains 10.85 acres. The request is for a 12,854 square foot warehouse with 2,465 square feet of office space. Andrew Garner, City Planning Director, read the staff report. Public comment: Aubry Shepard, citizen, discussed previous grading and filling of site. No more public comment was presented. Garner discussed how the property came to be graded as part of the Cato Springs widening. Ferdi Fourie, applicant, discussed project. Motion: Commissioner Winston made a motion to approve LSD 14-4629 with conditions as recommended by staff. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission March 24, 2014 6 Agenda Item 1 03-10-14 Minutes Page 6 of 10 ADM 14-4638: Administrative Item (3383 N. MANA AND 361/375 MILLSAP ROAD, 212): Submitted by JERRY HORTON for property located at 3383 N. MANA AND 361/375 MILLSAP ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and R -O, RESIDENTIAL OFFICE. The request is for a shared parking agreement between the subject properties. Andrew Garner, City Planning Director gave the staff report. Jerry Horton, applicant, discussed they would file the lease agreement at the circuit court. He discussed the problem and the history of the property. He is open for a recommendation or options he can take to the applicants. No public comment was presented. Commissioner Chesser discussed disagreement with staff. Recommends these spaces should be deeded. He discussed he is not comfortable with that condition as it is going too far. Honchell asked about the possibility of shared parking agreement through the lease Jerry Horton discussed the improvements they will make will be about $60,000. We have proposed a 25 year lease between the owners. On our side we will have the option for another 25 years. Kit Williams, City Attorney, discussed that a 25 year lease is substantial. He asked about the lease agreements. Jerry Horton, applicant, described the 25 year lease with an option to renew. Williams discussed that this offers a substantial protection to the small property owners. Garner discussed that he would be comfortable with a copy of the lease indicated by the applicant. Commission Chesser made a motion to Strike #1 as and replace with the condition discussed by staff with a 25 year lease with the property at 361/375 Millsap Road has an option to renew the lease. The copy of the lease shall be filed of record at the circuit clerk's office. Commissioner Hoskins asked why the place wasn't occupied, has the City denied a permit? Jerry Horton, applicant, discussed the tenants said they didn't have enough parking. Commissioner Chesser amended his motion to reflect commissioner Bunch's request for the lease to be filed of record. Planning Commission March 24, 2014 7 Agenda Item 1 03-10-14 Minutes Page 7 of 10 Motion: Commissioner Chesser made a motion to approve ADM 14-4638 striking condition of approval No. 1 and replacing it with the following language: The applicant shall provide the City Planning Division with a copy of the executed 25 year parking lease, indicating that the property at 361/375 Millsap Road has an option to renew the lease. The copy of the lease shall be filed at the circuit clerk's office. Keeping condition of approval No. 2 as recommended by staff. Commissioner Winston seconded the motion Upon roll call the motion passed with a vote of 8-0-0. Planning Commission March 24, 2014 8 Agenda Item 1 03-10-14 Minutes Page 8 of 10 ADM 14-4635 Administrative Item (UDC AMENDMENT CHAPTER 166.21 DOWNTOWN DESIGN OVERLAY DISTRICT STANDARDS; CHAPTER 166.22 PARKING DECK DESIGN STANDARDS; and CHAPTER 166.23 URBAN RESIDENTIAL DESIGN STANDARDS): Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapters 166.21, 166.22, and 166.23. The proposal is to modify various design standards UDC Chapter 166. No staff report and no public comment were presented. Motion: Commissioner Chesser made a motion to table ADM 14-4635 to the 3-24-14 meeting. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission March 24, 2014 9 Agenda Item 1 03-10-14 Minutes Page 9 of 10 6. Reports: No reports 7. Announcements: No announcements 8. Adjournment Time: 7:21 PM 9. Submitted by: City Planning Division Planning Commission March 24, 2014 10 Agenda Item 1 03-10-14 Minutes Page 10 of 10 CITY OF ayevi le Y ARKANSAS TO: FROM: MEETING DATE: PLANNING COMMISSION MEMO Fayetteville Planning Commission Andrew Garner, City Planning Director March 24, 2014 SUBJECT: ADM 14-4652 Administrative Item (UDC AMENDMENT CHAPTER 156 VARIANCES): Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapter 156. The proposal is to clarify that variances of Chapter 172: Parking and Loading may be requested. RECOMMENDATION: Staff recommends that the Planning Commission forward ADM 14-4652 to the City Council with a recommendation for approval. BACKGROUND: Variances of the Unified Development Code are only permitted if they are specified in the code. There are certain individual sections of Chapter 172: Parking and Loading that discuss that the code may be varied or modified through a variance or conditional use process. However, much of Chapter 172 does not provide the option for variances, and it is unclear which portions of may be varied. DISCUSSION: Staff proposes to modify Chapter 156: Variances to make it clear that variances of Chapter 172 are permitted. Chapter 156 is proposed to refer to Chapter 172 in the same code subsection as general development variances (Chapter 166). In addition an isolated reference in Chapter 172 referring to parking deign waivers is being removed. The proposed code changes are identified in the attached document in highlight and underline. BUDGET/STAFF IMPACT: None Attachments: • Proposed code changes to UDC Chapters 156: Variances and 172: Parking and Loading Mailing Address: Planning Commission 113 W. Mountain Street Nm*.Uy@@CleUille-ar.gov Fayetteville, AR 72701 Agenda Item 2 14-4652 UDC 156 Page 1 of 4 CHAPTER 156: VARIANCES 156.03 Development, Parking and Loadin Certain variances of the development and parking regulations may be applied for as follows: (A) General requirements. (1) Undue hardship. If the provisions of Development, Chapter 166, or Parking and Loading. Chapter 172 are shown by the developer to cause undue hardship as they apply to this proposed development (including, but not limited to financial, environmental, or regulatory) and that the situation is unique to the subject property, the city Planning Commission may grant a variance, on a temporary or permanent basis, to the development from such provision, so that substantial justice may be done and the public interest secured; provided that the variation will not have the effect of nullifying the intent and purpose of the development regulations. No variance shall be granted for any property which does not have access to an improved street. (2) Conditions and safeguards. In granting variances, the Planning Commission may prescribe appropriate conditions and safeguards to secure substantially the objectives of the standards or requirements so varied. CD156:1 Planning Commission March 24, 2014 Agenda Item 2 14-4652 UDC 156 Page 2 of 4