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HomeMy WebLinkAbout2013-03-11 - Agendas - Final Planning Commission March 11, 2013 Page I of 12 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on March 11, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: February 25,2013 Approved Page 3 Old Business: LSD 12-4295: Large Scale Development(2530 W.WEDINGTON RD./CASEY GENERAL STORE, 402): Page 4 Denied PPL 13-4304: Preliminary Plat(INTERSECTION OF N. HUGHMOUNT RD. &W. MT. COMFORT RD./HUGHMOUNT VILLAGE,282): Page 6 Approved New Business: ADM 13-4332: Administrative Item (4149 W.BRADSTREET LN./RUPPLE ROW POA,439): Page 7 Approved RZN 13-4310: Rezone (N. OF THE INTERSECTION OF N. GREGG AVE. AND W.VAN ASCHE DR./HAAS HALL, 172): Page 8 Approved PPL 13-4312: Preliminary Plat (S. OF GULLEY RD. AND E. OF N. OAKLAND-ZION RD.BUFFINGTON S/D, 176): Page 9 Tabled CUP 13-4311: Conditional Use Permit(2220 E. HUNTSVILLE RD./DOLLAR GENERAL,566): Page 12 Denied Planning Commission March 11, 2013 Page 2 of 12 MEMBERS PRESENT MEMBERS ABSENT Tracy Hoskins Kyle Cook Craig Honchell William Chesser(present after Casey's) Blake Pennington Porter Winston Ryan Noble Sarah Bunch(present after consent) Matthew Cabe STAFF PRESENT Andrew Garner Quin Thompson Jesse Fulcher Glenn Newman Sarah Wrede CITY ATTORNEY Kit Williams, City Attorney 5:30 PM-Planning Commission Chairman Craig Honchell called the meeting to order. Chairman Honchell requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Chesser and Bunch were present. Planning Commission March 11, 2013 Page 3 of 12 Consent. Approval of the minutes from the February 25, 2013 meeting. Motion• Commissioner Cook made a motion to approve the consent agenda. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission March 11, 2013 Page 4 of 12 Old Business: LSD 12-4295:Large Scale Development(2530 W.WEDINGTON RD./CASEY GENERAL STORE,402): Submitted by BATES AND ASSOCIATES for property located at 2530 WEST WEDINGTON ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.54 acres. The request is for 4,223 square foot convenience store with associated parking. Jesse Fulcher, Current Planner,read the staff report. Megan Dale,Urban Forester,discussed the recommendation for denial and discussions with applicant during review process. Glenn Newman, Staff Engineer, stated that staff is opposed to the right-in access design based on previous traffic study. Geoff Bates, applicant, stated that Casey's has to have the right-in access and the project won't go forward without it.AHTD has said no to constructing a raised median on Wedington.Casey's doesn't want to move the building closer to the apartments, so we weren't able to save the cluster of trees by the building. Commission Hoskins asked if staff could support a right-in design similar to what Kum& Go proposed. Newman stated that staff is a little hesitant at this location, but possibly could with a restrictive design. Commissioner Hoskins asked staff if there was a design that could work. Newman stated that the traffic engineer hired by Kum&Go recommended a different design.I'm not a traffic engineer. Bates stated they can't build a median as recommended by the previous traffic engineer. Fulcher stated that a full access can be approved by AHTD.They don't have regulation that denies access,only the design of the access.However,the state did agree with restricting access when we reviewed the Kum&Go project in 2011. If the applicant wants to redesign the driveway then it needs to be presented to the Planning Commission at a future meeting. Commissioner Hoskins stated he was going to ask the applicant if he wanted to table and come back with a new design and tree preservation plan. Dale stated that the site is relatively flat and the applicant could save additional trees with site changes. Bates stated that Casey's won't move the building. There is 5 feet of ill on the east side, so the site isn't necessarily flat. Commissioner Cabe stated he agreed with staff and the traffic engineer. Access on to Wedington in this location won't be safe and the trees should be preserved. Commissioner Winston stated he agreed with Commissioner Cabe's comments. Planning Commission March 11, 2013 Page 5 of 12 Motion 1• Commission Hoskins made a motion to approve a right-in only driveway on Wedington with final design approval required by AHTD and the City Engineer, as a separate motion. Commission Noble seconded the motion. Upon roll call the motion to allow a limited access on Wedington failed with a vote of 3-5-0. Commission Honchell asked if the decision could be postponed until the final highway design was complete. Kit Williams, City Attorney, stated that it would be too long to wait. Commissioner Cook stated that we aren't limiting access to this site. It has full access through a signalized intersection. Part of the issue with access is the intensity of traffic generated by this business type. Commission Hoskins stated he didn't see the point in tabling the request. Motion 2: Commissioner Hoskins made a motion to approve LSD 12-4295 finding in favor of the driveway access and tree preservation plan, and agreeing with staff on the remaining conditions. Commissioner Cabe seconded the motion. Upon roll call the motion failed with a vote of 3-5-0 with Commissioners Winston,Bunch, Cabe, Pennington and Cook voting `no'. Planning Commission March 11, 2013 Page 6 of 12 PPL 13-4304:Preliminary Plat(INTERSECTION OF N.HUGHMOUNT RD.&W.MT.COMFORT RD./HUGHMOUNT VILLAGE, 282): Submitted by ENGINEERING DESIGN ASSOCIATES for property located on NORTH HUGHMOUNT ROAD, NORTH OF WHEELER ROAD (FORMERLY CHERRY HILLS SUBDIVISION). The property is in the PLANNING AREA and contains approximately 54.13 acres. The request is for a residential subdivision with 129 single family lots and 9 common property lots. Jesse Fulcher, Current Planner,read the staff report. Glenn Newman, Staff Engineer, described the utility improvements. Kim Hesse, applicant, described the history of the project and communication with neighboring property owners. Commission Winston asked staff to clarify the street improvements. Fulcher described the recommended street improvements from the City and those required by the County. Motion#1: Commissioner Cabe made a motion to approve PPL 13-4304 with all conditions. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-1-0 with Commissioner Hoskins voting `no'. Planning Commission March 11, 2013 Page 7 of 12 New Business: ADM 13-4332: Administrative Item (4149 W. BRADSTREET LN./RUPPLE ROW POA, 439): Submitted by GENE DRESEL for the RUPPLE ROW SUBDIVISION. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONNING DISTRICT. The request is for a variance of the Urban Residential Design Standards. Jesse Fulcher, Current Planner, gave the staff report. Gene Dressell,applicant, stated that the POA is trying to keep a cohesive feel to the neighorbood. Motion: Commissioner Chesser made a motion to approve ADM 13-4332 with all conditions. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission March 11, 2013 Page 8 of 12 RZN 13-4310: Rezone(N. OF THE INTERSECTION OF N. GREGG AVE. AND W.VAN ASCHE DRJHAAS HALL, 172): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located NORTH OF THE INTERSECTION OF NORTH GREGG AVENUE AND WEST VAN ASCHE DRIVE. The property is zoned C-1,NEIGHBORHOOD COMMERCIAL and contains approximately 17.28 acres. The request is to rezone the property to P-1, INSTITUTIONAL. Quin Thompson, Current Planner, gave the staff report.. Ryan Gill,Applicant, introduced himself and offered that he would answer any questions the Commission might pose concerning the rezone or proposed project. Commissioner Chesser said that the proposed rezone to P-1 was a good use of the land, in his opinion. Motion: Commissioner Chesser made a motion to table LSD 12-4295 until 3-11-13. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-1. Commissioner Hoskins did not vote. Planning Commission March 11, 2013 Page 9 of 12 PPL 13-4312: Preliminary Plat (S. OF GULLEY RD. AND E. OF N. OAKLAND-ZION RD./BUFFINGTON S/D, 176): Submitted by JORGENSEN AND ASSOCIATES for property located SOUTH OF GULLEY ROAD AND EAST OF NORTH OAKLAND-ZION ROAD. The property is in the PLANNING AREA and contains approximately 26.51 acres.The request is for aresidential subdivision with 43 single family units and a community septic system. Jesse Fulcher,Current Planner,read the staff report. Glenn Newman, Staff Engineer, discussed the gravity sewer system and creek crossing. Jared Inman, applicant, stated that they disagree with three of the conditions.In their opinion there didn't need to be a crossing over the creek.The streamside ordinance wants to limit the number of creek crossings. Additionally,the County wants the riparian area to be preserved. Secondly,the stub-out to the east shouldn't be required.They are within the block length requirements in this area.The house on the adjacent property is very large and the remaining land is too small for a subdivision. Lastly,the developer doesn't want to build the sidewalk up front. The developer and home builder are the same in this case, so the sidewalks will be completed as each house is completed. Sidewalks will have to be torn out during house construction if they are installed with the streets. The developer will bond for the sidewalks to ensure they are constructed. Commission Chesser asked about the eastern stub-out. Fulcher stated it was between Lots 14 and 15 and the property could be developed if the pond were filled. Commissioner Chesser asked about streamside crossings. Fulcher stated that there should be at least one crossing in this area. Commissioner Winston asked the lot by the creek could be developed. Fulcher stated it was unlikely. Commissioner Hoskins asked if it would be easier to connect over the creek if the street were shifted ease. Newman stated the cost would be approximately the same. Commissioner Hoskins stated the connection through Bridgewater subdivision will be difficult, since it wasn't constructed,only right-of-way dedicated.Don't want to see that happen here as well.Why didn't staff recommend similar street improvements for the previous project(Hughmount Village)as this project,both are in the County. Fulcher stated that the County was required the developer for Hughmount to overlay and widen Hughmount Road for approximately 3,300 linear feet at a cost of several hundred thousand dollars. Adding additional street improvements were not likely proportional to the development impact, all things considered. Kit Williams,City Attorney,stated there are other properties that may benefit from a stream crossing and this land should be incorporated into a ratio to determine the amount of improvements. Given the amount of surrounding property that may benefit this developer should be responsible for approximately 27% of the crossing costs. Planning Commission March 11, 2013 Page 10 of 12 Commissioner Cabe discussed the recommendations made by the Subdivision Committee.Agreed with Kit's rational. Motion 1: Commissioner Winston made a motion to approve the project finding in favor of condition #1, recommending an assessment for 27%of the estimated cost for the stream crossing, no stub-out to the east, and in favor of all recommended street improvements except sidewalk construction. Sidewalks may be bonded and constructed with the houses. Commissioner Cook seconded the motion. Commissioner Chesser stated that he thought the assessment should be for 33% based on the benefits to surrounding properties. Commissioner Winston amended his recommendation to 30%. Cook seconded the amendment. Clay Carlton,applicant,stated that he wasn't against the southern connection.We will dedicate right-of-way. We are already making street improvements to existing streets. Please consider the assessment is on top of these other improvements. Commissioner Hoskins discussed the amount of the assessment based on surrounding properties. Commissioner Chesser stated he agreed with bonding the sidewalk. Motion 2• Commissioner Chesser made a motion to amend the assessment amount to 40% based on the amount of surrounding land. Commissioner Cabe seconded the motion. Commissioner Hoskins asked if the city will have to inspect the sidewalks. Newman stated that staff reviews sidewalk construction for each subdivision once per year, but there is no quality control in the County, because we don't inspect sidewalk construction as the homes are built and inspected. Commission Hoskins stated that is one of the minuses of building in the County. Commission Honchell stated there are too many assessment figures being thrown around and it makes light of a serious discussion. Commissioner Chesser stated that he thought the first percentage was based on acreage, whereas his recommendation was based on the number of properties. It didn't seem like this development was bearing much of the cost. Inman asked if they could be tabled. Commissioner Chesser withdrew his motion. Planning Commission March 11, 2013 Page 11 of 12 Commissioner Winston stated he could agree with no assessment. Will withdraw motion. Motion 3• Commissioner Chesser made a motion to remove the condition for the eastern stub-out. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Motion 4: Commissioner Chesser made a motion to table PPL 13-4312 till the next meeting. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission March 11, 2013 Page 12 of 12 CUP 13-4311: Conditional Use Permit(2220 E. HUNTSVILLE RD./DOLLAR GENERAL,566): Submitted by COOVER CONSULTANTS for property located at 2220 EAST HUNTSVILLE ROAD. The property is zoned R-O,RESIDENTIAL OFFICE and contains approximately 0.89 acres. The request is for a conditional use permit for a Dollar General Store (Use Unit 15). Jesse Fulcher, Current Planner, gave the staff report. Gary Coover, applicant, stated this was the old Mhoon Beef building with a gas station across the street. Commissioner Hoskins stated he tended to agree with staff. A rezoning to a formed based code might be a good idea here. Coover stated the thought about rezoning, but staff said they wouldn't support. Commissioner Hoskins asked staff to explain. Fulcher stated that the developer asked about rezoning the property to C-1 or C-2 commercial. Staffs recommendation was that a conditional use application would be a better option than a rezoning to one of these commercial districts. Kit Williams, City Attorney, stated that the building would be moved closer to the street in a form based district. Coover stated that most of the houses sit back from the road. Commissioner Hoskins stated that the development needs to be integrated with the surrounding houses. Commissioner Cabe stated he agreed with Commissioner Hoskin's comments. Motion: Commissioner Cabe made a motion to deny CUP13-4311. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8-1-0 with Noble voting `no'. There being no further business, the meeting was adjourned at 7.50 PM.