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HomeMy WebLinkAbout2014-10-27 MinutesCITY OF Tay e ARKAANNSAS Planning Commission October 27, 2014 5:30 PM City Administration Building in Fayetteville, AR, Room 219 MINUTES Members: Tracy Hoskins - Chair, Ron Autry - Vice -Chair, Ryan Noble — Secretary, William Chesser, Kyle Cook, Craig Honchell, Porter Winston, Janet Selby, and Sarah Bunch City Staff: Andrew Garner — City Planning Director, Jesse Fulcher — Senior Planner, Quin Thompson — Planner, Cory Granderson — Staff Engineer, Ken Easton — Urban Forester, and Blake Pennington — Assistant City Attorney 1. Call to Order: 5:31 PM, Tracy Hoskins 2. In Attendance: Craig Honchell, Ryan Noble, William Chesser, Ron Autry, Tracy Hoskins, Sarah Bunch Arrived after roll call: Kyle Cook, Porter Winston, and Janet Selby Staff: Andrew Garner, Jesse Fulcher, Quin Thompson, Alan Pugh, Corey Granderson, and Kit Williams 3. Approval of the minutes from the October 13, 2014 meeting. ADM 14-4871: Administrative Item (Refund for Off-site Improvements/ Delays Project): Submitted by City staff, requesting the Planning Commission to refund various delayed off-site improvement contributions related to projects that have not occurred nor are going to occur in the near term, pursuant to §158.05 of the UDC. Motion: Commissioner Chesser made a motion to approve the consent agenda. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 4. Old Business: VAR 14-4869: Variance (LOTS 18; 20-29 SPYGLASS HILL DR./STONEBRIDGE MEADOWS SUBDIVISION, 607): Submitted by ENGINEERING SERVICES, INC. for property located at LOTS 18; 20-29 SPYGLASS HILL DR. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 5.00 acres. The request is for a variance of the streamside protection requirements. Alan Pugh gave the staff report Jim McCord, applicant, gave a presentation indicating their proposal and the hardship because of the ordinance. He discussed that a family would not be able to have play equipment behind the house if the 25 -foot buffer recommended by staff were required. We request that a 5 -foot buffer be appropriate in this case. He discussed agreement with condition #2, signage, disagreement with condition #3, agreement with #4, and agreement with #4. To be able to build a house on these lots the buffer should not be 25 feet and that a reasonable buffer be five feet. No public comment was presented. Commissioner Chesser asked Pugh if he knew the applicant would disagree with the recommendation. Alan Pugh stated that the applicant representative submitted a letter on Friday, after the staff report was published. Hoskins discussed that he considered the lake an LID feature in and of itself. He thought that a 5 -foot buffer is reasonable and fair. Their backyards will still be extremely limited. Pugh asked Hoskins about the nature of the stream being disturbed and his opinion on future variances in disturbed versus pristine stream areas. Hoskins discussed that this is a unique situation and it is not setting a precedent. Jim McCord, applicant, discussed the unique situation of this application and that it is not setting any precedent. Kit Williams, City Attorney, discussed the waterside zone and ambiguity in the code regarding this situation because it is a manmade lake. The top of bank has been moved farther up because the lake has been created. He discussed the unique situation of the subject request. He discussed that the code is not clear in this situation. He discussed that the key thing we're wanting to do is keep the pollution out of the lake which will happen here with this proposal. Commissioner Hoskins discussed the complication with the lack of being able to understand the top of bank. Jim McCord, applicant, discussed where ESI measured the top of bank. Commissioner Chesser discussed that the lake will act as a settlement zone for pollutants. He asked why the buffer area is still needed in this case. Alan Pugh discussed that the buffer will reduce pollutants and provide bank stabilization. The smaller the buffer becomes the fewer the pollutants will be removed. Commissioner Chesser asked for the City Attorney's opinion. Kit Williams, City Attorney, discussed that the best situation is to come to an agreement with the landowner to ensure that there are buildable lots. Jim McCord, applicant, discussed the problems with the ordinance in this case. We are proposing a reasonable compromise. Commissioner Chesser asked for clarification on the lines shown on the exhibit. Kit Williams, City Attorney, discussed the location for measurements of the streamside zones and the top of bank discussed in the code. Commissioner Chesser asked about the homes being put on these lots. I am wondering if some accommodation in the house plan could be considered. I don't agree that the 5 -foot buffer is enough given the slope. Commissioner Honchell discussed that this is exactly the reason why he didn't vote for the streamside ordinance. Honchell discussed that he is comfortable with following the floodplain line. I would like to give the applicant as much leeway as possible. Commissioner Autry discussed that if we go to the five feet buffer the applicant may still have a difficult situation to sell these lots. This is not a precedent. I would be in support of what the applicant is requesting. Winston discussed that we should use the FEMA line is easier to determine where the streamside zone is located. Motion: Commissioner Autry made a motion to approve VAR 14-4869 as requested by the applicant. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 7-1-0. Commissioner Chesser voted `no'. Commissioner Winston arrived during discussion of VAR 14-4869 3 New Business: VAR 14-4877: Variance (LOT 25, CRESCENT LAKE SUBDIVISION, 607): Submitted by BAUMANN-CROSNO CONSTRUCTION for property located at LOT 25 IN THE CRESCENT LAKE SUBDIVISION. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.40 acres. The request is for a variance of the Streamside Protection Zone. Alan Pugh, Staff Engineer, gave the staff report. Mike Baumann, applicant, discussed that to maintain a buffer on this property will be a huge burden on the property owners. We are asking that they not have to put up signage because no other lots in the area have the sign. We do not want to provide any buffer. We are okay with the BMPs, and we don't want to have to do any LID feature. Public Comment: Jackson Williams represents the builder and several other home owners in this subdivision. feel that this greatly restricts the value in this subdivision. The covenants require a 2,700 sq. ft. home and you need some yard. Aubrey Shepherd discussed that here is someone wants to make the most profit from a land purchase. When you are talking about value, having the property protect the stream has some value. If they will use red dirt and build it up they will create more run-off. This is a water quality problem and an environmental problem. Small children will learn more if there is native grass back there. No more public comment was presented. Kit Williams read from the ordinance the uses that would be permitted in the streamside zones. Commissioner Honchell asked the applicant about their development. Kit Williams, City Attorney, discussed with the applicant the implications of conditions of approval if the variance is approved. Mike Baumann, applicant, discussed agreement with a 5 -foot buffer on this property as measured from the top of bank. Alan Pugh discussed that their understanding was that new lawns couldn't be created but old lawns are grandfathered in. Jesse Fulcher, Senior Planner discussed the BMP manual and maintenance of lawns which confirmed what Alan Pugh discussed. Kit Williams discussed that removal of woody vegetation is something that cannot be done unless it is an invasive species. Commissioner Chesser made a motion to approve the request as recommended by staff. Kit Williams, City Attorney, discussed that the motion is out of order because the applicant has not agreed to the conditions. Winston asked why this top of bank if different. Alan Pugh discussed that methodology behind the definition of top of bank. Kit Williams discussed that he feels like this needs to be tabled to try and come to an agreement between staff and the applicant and present a clear alternative. Mike Baumann discussed agreement to try and work with the city. Motion: Commissioner Winston made a motion to table VAR 14-4877 until the next Planning Commission meeting. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Commissioner Cook arrived during the discussion of VAR 14-4877 3 LSD 14-4860: Large Scale Development (SOUTHWEST CORNER OF JOYCE AND STEELE BLVDS./UPTOWN APARTMENTS, 134 & 173): Submitted by THE SPECIALIZED GROUP for property located at SOUTHWEST CORNER OF JOYCE AND STEELE BLVDS. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 14.01 acres. The request is for 312 multi -family units. Quin Thompson, Current Planner, read the staff report. No public comment was presented. Seth Mims, Applicant, said that he would like to increase the amount of commercial square footage in the proposed development. Andrew Garner, Planning Director, said that this would best be accomplished with a separate Major Modification [to an approved Large Scale Development]. He added that it could be approved at Subdivision Committee and would not require public notification. Porter Winston, Commissioner, said that he thought this looked like a straight forward project and a good development, adding that he thought additional commercial space would be a good thing. Motion: Commissioner Winston made a motion to approve LSD 14-4860 in favor of all conditions recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. RZN 14-4859: Rezone (300 & 400 BLOCK OF MILK BLVD./NIEDERMAN ENTERPRISES, 524): Submitted by BATES & ASSOCIATES for property located at 300 & 400 BLOCK OF MLK BLVD. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 1.93 acres. The request is to rezone the properties to DG, DOWNTOWN GENERAL. Jesse Fulcher, Senior Planner, read the staff report. Zara Niederman, applicant, presented a power point presentation and discussed the ideas for the property. Public comment: Evan Niehues, neighbor, stated that the zoning change will fit in with the neighborhood and provide a variety of housing. The property is along a major thoroughfare. Aubry Shepard, citizen, discussed general water problems. Sally Eubrech, neighbor, stated she was against the rezoning. No more public comment was presented. Commission Chesser asked staff if the recommendation was a challenge. Fulcher stated yes. Commissioner Chesser discussed other zoning options that will allow higher density and that he could support some type of zoning change. Commissioner Winston stated he feels like this is a PZD zoning opportunity. A smaller scale plan is okay for this property. Andrew Garner, Planning Director, discussed the conditional use process for Neighborhood Conservation and Neighborhood Services. Commissioner Hoskins stated that Downtown General zoning will allow some intense buildings. Is there any other district that will work? Niederman stated that he was not that familiar with all of the other zoning districts. The Downtown General district seems the most logical since it's zoned that way to the west and east. Could table the request and discuss other options with staff. Commissioner Hoskins stated he was surprised it was Downtown General to the east and west. Might be able to support Neighborhood Services. Motion: Commissioner Chesser made a motion to table RZN 14-4859 to the next Planning Commission meeting. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. 7 S. Reports: No reports 6. Announcements: No announcements 7. Adjournment Time: 7:28 PM 8. Submitted by: City Planning Division