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
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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
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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.
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S. Reports: No reports
6. Announcements: No announcements
7. Adjournment Time: 7:28 PM
8. Submitted by: City Planning Division