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HomeMy WebLinkAbout2015-09-28 MinutesCITY OF Tay e ARKAANNSAS Planning Commission September 28, 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: Sarah Bunch, Ron Autry, Janet Selby, Thomas Brown, William Chesser, Tracy Hoskins, Matthew Hoffman, 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 September 14, 2015 meeting. VAC 15-5206: Vacation (5026 E. TALON TRAIL/FALCON RIDGE S/D, 609): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located at 5026 E. TALON TRAIL. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 0.25 acres. The request is to vacate a drainage easement. LSP 15-5186: Lot Split (4470 E. BRIDGEWATER LN./HARMS, 218): Submitted by ALAN REID & ASSOCIATES, INC. for property located at 4470 E. BRIDGEWATER LN. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 7.11 acres. The request is to split the properties into 2 lots containing approximately 2.81, and 4.30 acres each and a variance to the street frontage requirements. PPL 15-5183: Preliminary Plat (SE OF N. BROYLES AVE. AND W. PERSIMMON ST./CROSS KEYS SOUTH SUBDIVISION, 477): Submitted by JORGENSEN & ASSOCIATES for properties located at SE CORNER OF N. BROYLES AVE. AND W. PERSIMMON ST. The properties are zoned NC, NEIGHBORHOOD CONSERVATION AND R -A, RESIDENTIAL AGRICULTURE and contain approximately 23.39 acres. The request is for preliminary plat approval of a residential subdivision with 96 single family lots. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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 8-0-0. 4. Old Business: LSP 15-5164: Lot Split (JOHN GARRISON RD./GIBSON, 523): Submitted by BLEW & ASSOCIATES for property located S. OF JOHN GARRISON RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 40.10 acres. The request is to split the property into 4 lots containing approximately 5.00, 5.00, 15.05 and 15.05 acres each and a variance to the street frontage requirements. No staff report or public comment was presented. Motion: Commissioner Chesser made a motion to table LSP 15-5164 indefinitely. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. New Business: ADM 15-5205: Administrative Item (SW CORNER VAN ASCHE & STEELE BLVDS./CMN BUSINESS PARK, LOT 6,212): Submitted by BATES & ASSOCIATES, INC. for property located at SW CORNER OF VAN ASCHE & STEELE BLVDS. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The request is for an amendment to the CMN Bill of Assurance, to allow a restaurant near the Centerbrook Subdivision. Jesse Fulcher, Senior Planner, read the staff report. Asa Hutchinson III, applicant, stated that the land is under contract and the current buyer was not a part of the agreement in 1995. We understand that staff feels the restrictions apply to this property, but we believe they don't. We have two others here tonight that were involved with the agreement in 1995 and they don't feel that the restriction applies to this portion of the property. The building in question will have office space, a brewery and restaurant space. The outdoor music is only planned 1 time per week a few months out of the year. There is a large tree line along the neighborhood that will serve as a noise buffer. There are also some neighbors we have spoken with that are in favor of the request. Public comment: Marshall King, neighbor, stated he was 100% in favor of the request. There is already noise in the area. There are the sirens from the nearby hospital, nearby train tracks and a restaurant to the east. I am in favor of more places to walk to. Micki Harrington, applicant, stated that they didn't intend for this corner to be included in the restrictions when this discussed in 1995. Kit Williams, City Attorney, asked the applicant if the legal description was in the agreement. Harrington stated yes. Williams stated he agreed with staff in that we aren't here to decide if the restrictions apply. That determination has already been made and that appeal would go before the City Council. 011ie Hollywell, neighbor, asked the Planning Commission to honor the bill of assurance and deny the request. Josephine Caraher, neighbor, stated she lived in the last house in the neighborhood, closest to the subject property. There is noise already but not for several hours at a time. I was told that offices could be built when I bought my house and this was a deciding factor in my decision. I'm not in favor of this. Please consider us in your decision. Jim Irwin, applicant, stated that the neighbors didn't want certain uses. We tried to apply to restrictions in 1995 to adjoining land, but not the corner. Neighbor, we just moved in to the neighborhood and moved away from noise at our last house. We don't want more noise. Please say no thank you to their proposal. Pat Kensel, neighbor, we need to know one step won't lead to another step if you support this change. If it passes then music needs to be on the north side of the building. Commissioner Hoskins asked why the 1995 restrictions apply to this property. Fulcher stated that the restrictions and their applicability were researched and it was determined already that they do apply. The request tonight is to hear the Planning Commission's recommendation on allowing a restaurant on this property. Williams stated that the City Council approved this rezoning and bill of assurance in 1995 and they will need to change it. The Planning Commissions needs to assume that the restrictions apply to this property. Commissioner Chesser asked about the legal description in the exhibits. Andrew Garner, City Planning Director, stated that there is also a map showing the boundary of the restrictions. Commissioner Chesser stated that if the restrictions do in fact apply that they shoulding be changed. Commissioner Hoffman asked how the agreement can override the zoning regulations. Williams stated the rezoning approved included a bill of assurance, so they are restricted by that agreement. They can request a new zoning for the property. Commissioner Hoffman stated that the restaurant use is appropriate and supports the change. Commissioner Brown asked the neighbor what they understood about the agreement. Kensel stated that she didn't remember the details, but thought that the restrictions applied to all of the property. No more public comment was presented. Commissioner Brown asked the applicant if they spoke with any of the neighbors. Hutchinson stated that there hasn't been much time to do this. Some of the neighbors have approved us. None of the neighbors that signed the agreement on 1995 have come forward. One of those individuals still lives in the neighborhood, but we haven't been able to reach him. Commission Hoskins stated that he support the request due to the growth and change in the area and the placement of the building. I Motion: Commissioner Hoskins made a motion to forward ADM 15-5205 with a recommendation for approval of a restaurant and use units listed by staff. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 6-2-0. Commissioners Chesser and Brown voted `no'. Commissioner Hoskins left after this item. ADM 15-5216 Administrative Item (NW CORNER OF S. GOVERNMENT AVE. & W. MILK BLVD. /NEIGHBORHOOD MARKET, 522): Submitted by HARRISON FRENCH & ASSOCIATES, INC. for property located at the NORTHWEST CORNER OF S. GOVERNMENT AVE. & W. MLK BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 6.10 acres. The request is for a major modification of LSD 15-4970 (Neighborhood Market). Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Steven Giles, applicant, asked for approval of the changes and thanked staff for their help Commissioner Chesser stated he was much happier with this design Motion: Commissioner Chesser made a motion to approve ADM 15-5216 with conditions as recommended by staff. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. 7 ANX 15-5181: ANNEXATION (1620 S. ED EDWARDS RD./SALSBURY, 610): Submitted by CURTIS HOGUE for property located at 1620 S. ED EDWARDS RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 0.83 acres. The request is for the property to be annexed into the City of Fayetteville with a zoning of R -A, RESIDENTIAL AGRICULTURE. Quin Thompson, Current Planner, read the staff report. No public comment was presented. Curtis Hogue, Applicant, said that Ms. Salsbury had lived in the home since 1975. He said that development in the area has increase the amount of surface water on the property after rains. Bryce Salsbury, owner's son, said the septic system no longer works properly because of increased run-off from the area, he asked that the Commission give his mother peace of mind for the rest of her life by allowing her to connect to City sewer. William Chesser, Commissioner, said that he found himself in favor, finding that the annexation would not cause a problem for fire and police departments. Matthew Hoffman, Commissioner, asked how long the problems have been occurring. Hogue said that there have been issues for a number of years, but that problems have continued to worsen over time. Ron Autry, Commissioner, while the request was for a tiny annexation, there have been problems with the septic for years, and the owner's advanced age have made the issues harder to live with. Andrew Garner, Planning Director, asked the applicant how old the septic system was. Salsbury said that the system was installed by his father and dated to 1975, making it 40 years old. Sarah Bunch, Chair, asked if a replacement of the septic system had been explored. Salsbury said that he thought the issue was caused by development in the area, which would not be solved by repairing the septic system. Hoffman said that the purpose of this annexation was to protect the lifestyle of the owner. Kyle Cook, Commissioner, asked the City Attorney if it was possible for the owner to petition the City for sewer service without annexation. Kit Williams, City Attorney, said that this could be done, but that the City Council would be expected to annex the property as soon as possible. He said that the City Plan 2030 is a just planning guide, and that a failing septic system was a public health issue. Cook said that he was against small, piecemeal annexation such as this. Motion: Commissioner Chesser made a motion to forward ADM 15-5181 to City Council with a recommendation of approval and rezoning to RSF-2. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 6-1-0. Commissioner Cook voted 'no'. 5. Reports: No reports 6. Announcements: 7. Adjournment Time: 6:53 PM 8. Submitted by: City Planning Division