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HomeMy WebLinkAbout2015-06-08 MinutesCITY OF Tay e ARKAANNSAS Planning Commission June 8, 2015 5:30 PM City Administration Building in Fayetteville, AR, Room 219 MINUTES Members: Sarah Bunch - Chair, William Chesser - Vice -Chair, Ryan Noble — Secretary, Ron Autry, Kyle Cook, Thomas Brown, Matthew Hoffman, Janet Selby, and Tracy Hoskins City Staff: Andrew Garner — City Planning Director, Jesse Fulcher — Senior Planner, Quin Thompson — Planner, Cory Granderson — Staff Engineer, and Kit Williams —City Attorney 1. Call to Order: 5:30 PM, Sarah Bunch 2. In Attendance: Thomas Brown, William Chesser, Janet Selby, Tracy Hoskins, Matthew Hoffman, Sarah Bunch, Ron Autry, and Kyle Cook Absent: Ryan Noble Staff: Andrew Garner, Jesse Fulcher, Quin Thompson, and Kit Williams 3. Consent Agenda: Approval of the minutes from the May 26, 2015 meeting. VAC 15-5089: Vacation (3215 NORTH HILLS BLVD., 250): Submitted by USI ENGINEERS for property located at 3215 NORTH HILLS BLVD. The property is zoned P- 1, INSTITUTIONAL and contains approximately 20.28 acres. The request is to vacate a portion of a utility easement. VAR 15-5091: Variance (65 W. ROCK ST./CITY PARKING FENCE, 523): Submitted by CITY STAFF for property located at 65 W. ROCK ST. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.55 acres. The request is for a variance of the downtown fence height requirements. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 4. New Business: LSP 15-5065: Lot Split (4705 E. WOODSEDGE RD./LINER, 297): Submitted by JORGENSEN & ASSOCIATES for property located at 4705 E. WOODSEDGE RD. The property is in THE FAYETTEVILLE PLANNING AREA and contains approximately 5.00 acres. The request is a variance to create a new 4.00 -acre tract without street frontage. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Blake Jorgensen, applicant, had no additional comments Motion: Commissioner Chesser made a motion to approve LSP 15-5065 as recommended by staff. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. PPL 15-4991: Preliminary Plat (4436 E. MISSION BLVD./EASTERN PARK SUBDIVISION, 296/297): Submitted by USI CONSULTING ENGINEERS for property located at 4436 E. MISSION BLVD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 7.66 acres. The request is for a 17 lot single-family subdivision. Andrew Garner, City Planning Director, gave the staff report. Ferdi Fourie, applicant, discussed agreement with the recommended conditions of approval. No public comment was presented. Commissioner Cook gave a Subdivision Committee report. Motion: Commissioner Chesser made a motion to approve PPL 15-4991 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. 3 CUP 15-5076: Conditional Use (519 W. SKELTON RD./JARDIN HOME DAYCARE, 679): Submitted by TERRI LYNN JARDIN for property located at 519 W. SKELTON RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNIITS PER ACRE and contains approximately 1.08 acres. The request is for a home daycare for 5 or less children. Jesse Fulcher, Senior Planner, read the staff report. Tracy Jardin, applicant, described the back yard and that it didn't provide enough space for the kids. We can put up a fence in the front yard if needed. No public comment was presented. Commissioner Brown stated he was concerned with not having a fence in front due to proximity to the street. Commissioner Hoskins asked about the complaint. Fulcher stated he didn't speak with the complainant and wasn't sure what the issue was. Commissioner Hoskins asked staff if they were okay with a fence. Fulcher stated yes. Jardin discussed the condition of the property next door and described improvements to their property. Kit Williams, City Attorney asked the applicant if she could work with staff on the fence. Jardin stated yes. Commissioner Hoskins stated he is okay with the request if a fence is put up. Commissioner Brown asked if the item needed to be tabled until the fence is installed. Commissioner Bunch stated that the item could be approved with the fence as a condition. Motion: Commissioner Brown made a motion to approve CUP 15-5076 as recommended by staff, except modifying condition #1 to allow the play area to remain in the front yard with the requirement that the play area be fenced. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. LSD 15-4955: Large Scale Development (335 E. APPLEBY ROAD/APPLEBY TOWNHOMES, 251): Submitted by BATES & ASSOCIATES for property located at 335 E. APPLEBY ROAD. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 1.03 acres. The request is for a multi -family project consisting of 11 units in two buildings. Jesse Fulcher, Senior Planner, read the staff report. Derek Thomas, applicant, agreed with the conditions. No public comment was presented. Commissioner Cook discussed the comments from the Subdivision Committee and that those items have been addressed. Commissioner Chesser asked if the sidewalk location was worked out Fulcher stated yes. Commissioner Hoffman thanked the applicant for adding porches to the south building. Motion: Commissioner Chesser made a motion to approve LSD 15-4955 as recommended by staff. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. LSD 15-5072: Large Scale Development (2269 N. HENBEST DRJADVENTURE SUBARU, 325): Submitted by JORGENSEN & ASSOCIATES for property located at 2269 N. HENBEST DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 8.36 acres. The request is for construction of three structures related to car sales consisting of approximately 14,600 square feet with associated parking and sales lot. Jesse Fulcher, Senior Planner, read the staff report. Blake Jorgensen, applicant, stated that the pond is now dry, so the engineering elements are taking care of. No public comment was presented. David Nelms, applicant, described the building elevations and changes, and the use of the building. Adding a door on the north elevation invites public to the building and this space is only for employees. We've tried to address staff's concerns by using design elements from original building. Commissioner Bunch asked staff would they would recommend adding to the building. Fulcher stated they don't want to design the building for the applicant. Commissioner Chesser asked if staff thought the building met code. Fulcher stated no. Commissioner Hoskins recommended that the applicant utilizing fake glass, spandrel glass, or other changes that won't interfere with the carwash. Commissioner Chesser stated he tends to agree with staff. It feels like a big warehouse and doesn't meet code. Should we table the item date specific. Fulcher stated two weeks is likely enough, but we should ask staff. Nelms stated he wasn't sure fake items would improve the look of the building. These delays cost money. We don't want to the public to come to the building. Commissioner Autry stated the building mimics the other building. It's a detail shop. Andrew Garner, City Planning Director, recommended voting on item #1 seperately. Jorgensen stated that cars will block most of the building from the street. Commissioner Hoskins asked about the height of the building. Fulcher stated 15-20 feet tall. Commissioner Chesser withdrew his motion to table. Motion #1: Commissioner Brown made a motion regarding LSD 15-5072 to approve the commercial design standards for the shop building. Commissioner Autry seconded the motion. Upon roll call the motion failed with a vote of 3-4-1. Commissioners Hoskins, Chesser, Cook, and Bunch voted "no". Commissioner Hoffman recused. Motion #2: Commissioner Chesser made a motion to table LSD 15-5072 to the next Planning Commission meeting. Commissioner Selby seconded the motion. Upon roll call the motion failed with a vote of 5-2-1. Commissioners Hoskins and Autry voted "no". Commissioner Hoffman recused. LSD 15-5070: Large Scale Development (3739 N. STEELE BLVD./DARK CREDIT UNION, 173): Submitted by JORGENSEN & ASSOCIATES for property located at 3739 N. STEELE BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.27 acres. The request is for construction of an 8,927 square foot bank with associated parking. Quin Thompson, Current Planner, read the staff report. Ken Shireman, applicant, discussed his interpretation of 'entry -way' and stated that he believed his design was in compliance with the development code, and gave reasons why banks prefer to have only one public entry. No public comment was presented. Matthew Hoffman, Commissioner, discussed options for the design that would meet code and not require two separate entrances, including a corner foyer. Tom Brown, Comissioner, suggested ways to bring a covered entry from the north employee entrance to the east fagade. Motion: Commissioner Hoffman made a motion to table LSD 15-5070 until the next Planning Commission meeting. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 4-3-1. Commissioners Autry, Hoskins, and Selby voted "no". Commissioner Cook recused. CUP 15-5026: Conditional Use (SOUTH OF MANOR AND RIDGELY DR. INTERSECTION/REMINGTON ESTATES SD, 449): Submitted by ENGINEERING SERVICES INC. for property located SOUTH OF MANOR DR. AND RIDGELY RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 12.11 acres. The request is for a tandem lot. Quin Thompson, Current Planner, read the staff reports for the CUP and PPL together. Jason Appel, applicant, had no additional comments. Public comment: Wanda Walker, neighbor, said that she was opposed to the tandem lot, saying it would be incompatible with the area and inconsistent with neighboring properties. She discussed concerns about increased traffic and egress onto Crossover road. She suggested improvements to the intersection of Manor Drive and Crossover Road to improve safety. Bobby Babcock, neighbor, said that he was opposed to the development, citing concerns with traffic, density, and drainage problems that could be caused by the proposal. Dick Vertz, neighbor, said that Manor drive was a narrow street, without curb or sidewalk, and said that the development would increase traffic on a street where children and families walk. Sue Howarton, neighbor, said that her main concerns was safety. She said that Manor drive is very narrow, and that a subdivision with small lots and steep grades would likely become rental property leased to college students, who bring a higher impact than families. Jay P Greene, neighbor, said that 28' road was too wide and that the intersection with the narrow Manor Drive would be unattractive. He reminded the Commission that tree preservation is a primary goal of the City and suggested that the applicant should wait to develop this property until property to the south is developed, so that a street connection would be available back to Crossover. He said that profitability for the developer should not be a consideration for the City. He added that he opposes the tandem lot, as it had no benefit other than added profit. He said that the Planning Commission should not approved the development because the proposed street could not be built without permission from neighboring landowners, which would not be given. He asked that the Commission table the project to allow the developer time to discuss the project with neighbors. Tammy Garrish, neighbor, said that was concerned with traffic and safety and that she was opposed to the development. Jim Walker, neighbor, said that this neighborhood was very stable, adding that he had lived in the neighborhood since 1988, and that some of his neighbors had been there since 1966. He said that the streets had not been improved and were never designed to carry large traffic volumes. He said that the developer should consider larger lot sizes and a through connection [to the south.] He said that some neighbors attending the meeting did not intend to speak and asked those who were opposed to the development to stand. [10 people in the audience stood] No more public comment was presented. Sarah Bunch, Chair, asked staff for the amount of exiting right-of-way (ROW) on Ridgely Drive. Thompson replied that there is 50 feet of ROW. William Chesser, Commissioner, asked why no improvements to Manor Drive were being recommended. Thompson replied that staff felt that improvements to Manor Drive would likely exceed an amount that would be 'roughly proportional' to the impact this development would cause, and added that Ridgely drive improvements would be substantial. Andrew Garner, Planning Director, discussed tests for rough proportionality and the rational nexus, which limit the amount of infrastructure that can be required. He added that a subdivision can be denied based on negative impact to safety and traffic. Chesser asked staff if the developer would be able to grade at the ROW line without permission from the landowner. Corey Granderson, Staff Engineer, said that grading was allowed up to the ROW line without additional permission. Kit Williams said that the Commission could consider traffic and safety, and should consider whether the developer can meet code requirements in the real world. Chesser asked staff if the developer could meet the requirement without grading outside of the ROW line. Granderson said that the proposed road section would work, but that it would require easement to work on the Garrish property. He said that he would be willing to consider alternative designs. Chesser asked staff to clarify whehter it would be possible to build the proposed section without the neighbor's permission. Granderson said that it would not be possible. Chesser asked staff to address the tandem lot request. Thompson replied that there are currently no tandem lots nearby, but that the large lot size would not be likely to negatively impact property values in the area. Hoskins asked staff if the road could be constructed within the ROW with a retaining wall. Granderson said that it would be possible to remain in the ROW if a retaining wall were to be built. Thompson noted that retaining walls are not allowed within the ROW unless approved by the City Engineer. 10 Granderson said that this was correct. Matthew Hoffman, Commissioner, said that he could not find in favor of the tandem lot. He said that the proposed street section was apparently not buildable. He said that he would encourage the developer to speak with neighbors and that he hoped a better project would be the outcome of those conversations. Bunch said that no one ever wants vacant land around them to be developed, but that this land had development rights, and added that she would like to see more agreement between the developer and neighbors. Appel said that he could provide a design that would work with a retaining wall, and that the developer had discussed this with the Garrish family. Bunch asked the Urban Forester to comment on tree removal. Derek Linn, Urban Forester, said that there were a number of significant trees that would be removed or damaged for improvements to Ridgely. He said that the code does require street trees but does not require mitigation for trees in the ROW. Hoskins asked if the development could be served by private drives rather than public streets and if this would solve the problem. Thompson said that private drives are not allowed in a subdivision development. Garner agreed that this was not an option. Chesser asked if trees on private property that are damaged as a result of grading within the ROW would be mitigated for. Linn said that any trees that were impacted outside of the ROW would be mitigated for. Chesser asked staff if neighbors have legal recourse if their trees are damaged. Williams said he preferred not to give an opinion on that now. He added that the roots may have trespassed into the ROW. Motion Commissioner Chesser made a motion to table CUP 15-5026 until the next Planning Commission meeting. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-2-0. Commissioners Hoskins and Selby voted "no". 11 PPL 15-4989: Preliminary Plat (SOUTH OF MANOR & RIDGELY DR./REMINGTON ESTATES SUBDIVISION, 449): Submitted by ENGINEERING SERVICES, INC. for property located SOUTH OF MANOR & RIDGELY DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 12.10 acres. The request is for a 27 lot single-family subdivision. Quin Thompson, Current Planner, read the staff report. Motion: Commissioner Chesser made a motion to table PPL 15-4989 until the next Planning Commission meeting. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-2-0. Commissioners Hoskins and Selby voted "no". 12 RZN 15-5075: Rezone (NE CORNER VAN ASCHE & STEELE BLVDS./CMN LOTS 8 & 14, 173): Submitted by CRAFTON TULL ENGINEERS for property located at the NE CORNER VAN ASCHE & STEELE BLVDS. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 17.70 acres. The request is to rezone the property to C-3, CENTRAL COMMERCIAL. Quin Thompson, Current Planner, read the staff report. Thomas Hennelly, applicant, had no additional comments. No public comment was presented. William Chesser, Commissioner, said he was excited to see the additional multi -family projects being planned in this area and added that he hoped the applicant would consider adding on -street parking with the development as has been planned for the [Uptown] development to the north. Motion: Commissioner Chesser made a motion to forward RZN 15-5075 to City Council with a recommendation of approval. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 6-2-0. Commissioners Hoskins and Cook voted "no". 13 5. Reports: No reports 6. Announcements: Subdivision Committee meets this Thursday, June 11th, 2015. 7. Adjournment Time: 8:05 PM 8. Submitted by: City Planning Division 14