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HomeMy WebLinkAbout2012-05-14 - Agendas - FinalPlanning Commission Officers Porter Winston, Chair Kyle Cook, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting May 14, 2012 Planning Commissioners Blake Pennington William Chesser Matthew Cabe Ryan Noble Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on May 14, 2012 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Consent: 1. Approval of the minutes from the April 9 and 23, 2012 meetings. 2. VAC 12-4102: Vacation (1000 W. STONE ST./FHS, 522): Submitted by CRAFTON TULL AND ASSOCIATES, INC. for property located at 1000 WEST STONE STREET. The property is zoned P-1, INSTITUTIONAL and contains approximately 22.57 acres. The request is to vacate a utility easement and right-of- way. Planner: Andrew Garner New Business: 3. ADM 12-4114: Administrative Item (4170 W. MARTIN LUTHER KING BLVD./MONTEZ, 595): Submitted by RAYMOND MONTEZ for property located at 4170 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 3.40 acres. The request is to modify CUP 06-2284 to allow an outdoor patio to be added to the existing restaurant space. Planner: Jesse Fulcher 4. ADM 12-4128: Administrative Item (CMN BUSINESS PARK, LOT 9A/ACADEMY SPORTS, 173): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at LOT 9A, CMN BUSINESS PARK. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 14.53 acres. The request is for a variance of the minimum curb -cut separation and to allow a wider driveway entrance and curb radius for delivery truck traffic. Planner: Jesse Fulcher 5. LSD 12-4104: Large Scale Development (800 W. MAPLE ST./KAPPA HOUSE, 444): Submitted by THOMAS WALKER for property located at 800 WEST MAPLE STREET. The property is zoned RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE and contains approximately 1.16 acres. The request is for expansion of the existing sorority house and parking lot. Planner: Andrew Garner 6. PPL 12-4099: Preliminary Plat (S.W. CORNER OF SALEM & WEIR RD./HOLCOMB HEIGHTS SD, 245): Submitted by JORGENSEN AND ASSOCIATES for property located at the SOUTH WEST CORNER OF SALEM AND WEIR ROAD (HOLCOMB HEIGHTS SUBDIVISION). The property is zoned RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contains approximately 19.24 acres. The request is to replat the existing residential subdivision from 68 into 78 single family lots. Planner: Jesse Fulcher 7. CUP 12-4097: Conditional Use Permit (4618 N. COLLEGE AVE./MAE FARM, 096): Submitted by CYNTHIA HASELOFF for property located at 4618 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and R -A, RESIDENTIAL- AGRICULTURAL and contains approximately 17.00 acres. The request is for a Conditional Use Permit to allow a permanent venue for temporary and seasonal events, and vending (Use Unit 20; fairgrounds). Planner: Quin Thompson 8. RZN 12-4108: Rezone (4847 W. WEDINGTON DR./BANK OF WYNNE, 438): Submitted by BATES AND ASSOCIATES for property located at 4847 WEST WEDINGTON DRIVE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT (R-PZD 07-2576 WOODSTOCK) and contains approximately 31.68 acres. The request is to rezone the property to CS, COMMUNITY SERVICES and RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. Planner: Andrew Garner 9. R-PZD 12-4079: Residential Planned Zoning District (N.W. CORNER OF W. CLEVELAND ST. & HALL AVE./PROJECT CLEVELAND, 443): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at the NORTHWEST CORNER OF WEST CLEVELAND STREET AND HALL AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE, and contains approximately 2.71 acres. The request is for zoning, land use and large scale development approval for a Residential Planned Zoning District with 122 multi -family dwellings. Planner: Jesse Fulcher The following items have been approved administratively by City staff: LSP 11-4014: Lot Split (WESTSIDE OF N. WINWOOD DR. & E. MISSION BLVD./COLE, 370): Submitted by BATES AND ASSOCIATES, INC. for property located at the WESTSIDE OF NORTH WINWOOD DRIVE AND EAST MISSION BOULEVARD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains a total of 2.33 acres. The request is to divide the subject property into four tracts of approximately 0.47, 0.40, 0.36, and 1.10 acres. Planner: Andrew Garner LSIP 12-4101: Large Site Improvement Plan (E. OF 4412 MARTIN LUTHER KING BLVD./CAREER ACADEMY, 594): Submitted by ENGINEERING DESIGN ASSOCIATES for property located EAST OF 4412 MARTIN LUTHER KING BOULEVARD. The property is zoned CS, COMMUNITY SERVICES and contains a total of 0.98 acre. The request is the development of an 8,085 square foot beauty school and associated parking. Planner: Andrew Garner NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff or others for response. Please keep your comments brief to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Planning Commission April9, 2012 Page 1 of 15 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on April 9, 2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: March 12, 2012 Page 3 Approved Old Business: ADM 12-4062: Administrative Item (3484 W. WEDINGTON/CROSS CHURCH, 401): Page 4 Tabled CUP 12-4060: Conditional Use Permit (3575 N. SHILOH DR./SIEBERT, 173): Page 5 Tabled CUP 12-4061: Conditional Use Permit (3078 N. COLLEGE AVE./SIEBERT, 252): Page 6 Tabled New Business: ADM 12-4093: Administrative Item (N. OF COBBLESTONE PH I/COBBLESTONE PH III, 246): Tabled CUP 12-4070: Conditional Use Permit (401 S. SANG AVE./FAYETTEVILLE TRACK AND FIELD, 520): Approved LSD 12-4071: Large Scale Development (401 S. SANG AVE./FAYETTEVILLE TRACK AND FIELD, 520): Approved LSD 12-4072: Large Scale Development (CMN BUSINESS PARK, LOT 9A/ACADEMY SPORTS, 173): Approved CUP 12-4066: Conditional Use Permit (431 W. PATRICIA LN./CENTER, 406): Denied CUP 12-4069: Conditional Use Permit (1629 N. CROSSOVER RD./GREENING, 410): Approved May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 1 of 16 Planning Commission April9, 2012 Page 2 of 15 MEMBERS PRESENT Craig Honchell Sarah Bunch William Chesser Blake Pennington Tracy Hoskins Porter Winston Matthew Cabe Kyle Cook Ryan Noble STAFF PRESENT Andrew Garner Jesse Fulcher Glenn Newman ASSISTANT CITY ATTORNEY Jason Kelly, Assistant City Attorney MEMBERS ABSENT 5:30 PM - Planning Commission Chairman Porter Winston called the meeting to order. Chairman Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 2 of 16 Planning Commission April9, 2012 Page 3 of 15 Consent: Approval of the minutes from the March 26, 2012 meeting. Motion: Commissioner Cabe made a motion to approve the Consent Agenda. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 3 of 16 Planning Commission April9, 2012 Page 4 of 15 NewBusiness: ADM 12-4062: Administrative Item (3484 W. WEDINGTON/CROSS CHURCH, 401): Submitted by CROSS CHRUCH FAYETTEVILLE for property located at 3484 WEST WEDINGTON DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The request is for a modification to the approved CUP 10-3501 to increase the maximum number of people attending services to 704 during peak hours. No staff report was presented. Motion: Commissioner Cook made a motion to table ADM 12-4062 until the April 23, 2012 Planning Commission meeting. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 4 of 16 Planning Commission April9, 2012 Page 5 of 15 CUP 12-4060: Conditional Use Permit (3575 N. SHILOH DR./SIEBERT, 173): Submitted by ERIC SIEBERT for property located at 3575 NORTH SHILOH DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.61 acres. The request is to allow for a temporary retail structure to remain on the property for longer than 90 days (Use Unit 2). No staff report was presented. Motion: Commissioner Cabe made a motion to table CUP 12-4060 indefinitely. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 5 of 16 Planning Commission April9, 2012 Page 6 of 15 CUP 12-4061: Conditional Use Permit (3078 N. COLLEGE AVE./SIEBERT, 252): Submitted by ERIC SIEBERT for property located at 3078 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.88 acre. The request is to allow for a temporary retail structure to remain on the property for longer than 90 days (Use Unit 2). No staff report was presented. Motion: Commissioner Chesser made a motion to table CUP 12-4061 indefinitely. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 6 of 16 Planning Commission April9, 2012 Page 7 of 15 ADM 12-4093: Administrative Item (N. OF COBBLESTONE PH I/COBBLESTONE PH III, 246): Submitted by JORGENSEN AND ASSOCIATES for property located NORTH OF COBBLESTON PHASE I. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 25 acres. The request is for variances of the block length and master street plan cross section requirements for development of Phase III of the Cobblestone Subdivision. Andrew Garner, Senior Planner, gave the staff report. Blake Jorgensen, applicant, passed out revised plans. He discussed that water and sewer is in some locations. Plans are already done. This would be a complete re -do to make the plans meet the City ordinance. He discussed their proposal to add traffic calming at mid -blocks. He discussed the variances. Charlie Sloan, developer, discussed that the rules have changed and that they are trying to build affordable homes. Mark Marquist, developer, discussed that he purchased Phases I and II Cobblestone. He discussed the spirit of the subdivision has been successful. We don't need to change what has been successful. No public comment. Commissioner Chesser asked about block length. Blake Jorgensen, applicant, discussed the block lengths. Commissioner Chesser asked about the existing infrastructure. Blake Jorgensen, applicant, discussed the existing infrastructure. Commissioner Hoskins asked about the width of streets and why they are opposed to shrinking the streets. Blake Jorgensen, applicant, discussed that the plans are already done. Commissioner Hoskins discussed that he doesn't support bump -outs. He doesn't have a problem with their street widths. Commissioner Honchell discussed that these types of roads have been built all over town. Jason Kelley, Assistant City Attorney, discussed the criteria for a hardship to be met for a variance. Commissioner Honchell discussed the continuity of the neighborhood. Commissioner Chesser asked about the purpose of the street cross sections. Garner discussed the purpose of the street cross sections. Commissioner Chesser discussed that he can't find a hardship. This has not been built yet. Commissioner Hoskins asked the developer how they felt about building some new streets. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 7 of 16 Planning Commission April9, 2012 Page 8 of 15 Mark Marquis, developer, discussed that they would be okay with new streets. Motion #1: Commissioner Chesser made a motion to deny ADM 12-4093. Commissioner Cabe seconded the motion. Upon roll call the motion failed with a vote of 4-5-0 (Commissioners Honchell, Winston, Bunch, Noble, Hoskins voting `no'). Motion #2: Commissioner Cabe made a motion to table ADM 12-4093 to the next meeting. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 8 of 16 Planning Commission April9, 2012 Page 9 of 15 CUP 12-4070: Conditional Use Permit (401 S. SANG AVE./FAYETTEVILLE TRACK AND FIELD, 520): Submitted by CRAFTON TULL AND ASSOCIATES, INC. for property located at 401 SOUTH SANG AVENUE. The property is zoned P-1, INSTITUTIONAL and contains approximately 19.94 acres. The request is for shared and offsite parking for a new track and field facility. LSD 12-4071: Large Scale Development (401 S. SANG AVE./FAYETTEVILLE TRACK AND FIELD, 520): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located at 401 SOUTH SANG AVENUE. The property is zoned P-1, INSTITUTIONAL and contains approximately 19.94 acres. The request is for a development of a track and field. Andrew Garner, Senior Planner, gave the staff report for both CUP 12-4070 and LSD 12-4071. Jonathan Ely, applicant's representative, discussed the proposed shared parking. He discussed the sidewalk requirement along Sang Avenue and shared parking. Vicki Thomas, Fayetteville School District Superintendent, discussed pre -planning meetings. She discussed that the sidewalk would cause significant hardship. There is a fixed amount for this project. The cost of the sidewalk could derail this project. Public Comment: Aubrey Shepherd, citizen, discussed the idea of the smaller sidewalk. No more public comment was presented. Commissioner Honchell discussed the photo of the sidewalk with the electric pole in the sidewalk. He discussed that while this project is being built on this site we should take the opportunity to do it right. He discussed the pedestrian impact of this project and the school. Motion: Commissioner Cabe made a motion to approve CUP 12-4070. Commissioner Hoskins seconded the motion. Commissioner Hoskins discussed undue hardship and the cost of the sidewalk compared with the project. He doesn't see an undue hardship. Will the existing sidewalk be removed? Glenn Newman, staff engineer, discussed that yes the existing sidewalk would be removed. Jonathan Ely, applicant's representative, discussed that the cost of the sidewalk is minimal, it is the cost of storm drainage and the sidewalk together would be about $100,000.00. Glenn Newman, staff engineer, discussed that the City Engineering Division is in support of the sidewalk and drainage improvements. Commissioner Cabe discussed that this is a federal ADA requirement and that it is a no-brainer. Commissioner Winston asked when Ramay would be remodeled. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 9 of 16 Planning Commission April9, 2012 Page 10 of 15 Vicki Thomas, School Superintendent, said they have no plans. Upon roll call the motion to approve CUP 12-4070 passed with a vote of 8-0-1 (Commissioner Pennington recused). Motion: Commissioner Cook made a motion to approve LSD 12-4071. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-1. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 10 of 16 Planning Commission April9, 2012 Page 11 of 15 LSD 12-4072: Large Scale Development (CMN BUSINESS PARK, LOT 9A/ACADEMY SPORTS, 173): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at LOT 9A, CMN BUSINESS PARK. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 14.53 acres. The request is for a development of 71,640 square foot building. Jesse Fulcher, Current Planner, read the staff report and asked the commission to remove condition #4. The applicant may request this variance in the future. Ryan Gill, applicant, had no additional comments. No public comment. Commissioner Cabe stated that he was glad that the items from Subdivision Committee had been resolved. Commissioner Hoskins asked if staff thought the building met commercial design standards. Fulcher stated that the building met the minimum requirements under those standards. Commissioner Cabe asked about the location of the loading dock and that it appeared to be in a different location. Gill stated that the dock was moved to the south of the building after the initial submittal. Commissioner Cook stated that he agreed with the concerns mentioned about the design standards, but that he had seen many other buildings of similar design approved in the past. Motion: Commissioner Cook made a motion to approve LSD 12-4072 as recommended by staff. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 8-0-1. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 11 of 16 Planning Commission April9, 2012 Page 12 of 15 CUP 12-4066: Conditional Use Permit (431 W. PATRICIA LN./CENTER, 406): Submitted by BASSETT MIX AND ASSOCIATES, INC. for property located at 431 WEST PATRICIA LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.25 acres. The request is to allow for a duplex, Use Unit 9, in the RSF-4 zoning district. Jesse Fulcher, Current Planner, read the staff report. Dana Lamar, applicant, stated that she was representing the sellers. The mother had the house built and listed as a single-family residence last year. The house wouldn't sell and she couldn't make the mortgage payment. She requested an additional address and began renting both parts of the house. The house will sit vacant if it is not approved. Public comment: Erick Parkensen, neighbor, stated that he is a Park Hill POA representative and that the neighbors object to the request. This is not a rental neighborhood and they want to protect the integrity of the neighborhood. Steve Erwin, neighbor, stated that he is against the request. Kathlyn Riggs, neighbor, stated that she is against the request. There have been six cars parked in the driveway, cars parked on both sides of the street and loud parties. Carol Witter, neighbor, stated that there were problems with large parties, mailboxes being blocked, and that it wasn't safe for kids to be in the front yard. No more public comment was received. Commissioner Cabe stated that he didn't see how he could support a bad decision and make this a legal situation. Commissioner Hoskins asked staff to explain what happened with the permitting. Fulcher reiterated that the applicant that pulled the building permit for the house in August 2007 was the same person that had just attended the Planning Commission meeting where the request for a duplex was denied. The building new that a duplex was not permitted, but include many extra utilties in the house, such as washers and dryers. I approached the builder about the permit and confirmed that this was not going to be duplex, but for use by a mother and son who simply wanted separate areas in the house. The definition for a two-family unit requires that the units be physically separated and the proposed housed was not separated. Therefore staff had to approve the permit. Commissioner Hoskins asked if there were any other options to approve two units. Fulcher stated that an accessory dwelling units could be requested, but that would required a variance, a conditional use permit, which is what is being requested, or rezoning the property to May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 12 of 16 Planning Commission April9, 2012 Page 13 of 15 allow a two-family unit by right. Commissioner Hoskins asked if parking was sufficient for a duplex. Fulcher stated that parking was something that had come up during the first conditional use and that there was insufficient parking for six bedrooms. They could fit them on the lot, but they would be stacked and likely not function well. This might result in parking in the yard or on the street, neither of which could be permitted. Commissioner Chesser asked for a definition of family. Fulcher read the definition from Chapter 151. Commissioner Chesser stated that he didn't support a duplex after the decision was already made five years ago. Motion: Commissioner Chesser made a motion to deny CUP 12-4066. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 13 of 16 Planning Commission April9, 2012 Page 14 of 15 CUP 12-4069: Conditional Use Permit (1629 N. CROSSOVER RD./GREENING, 410): Submitted by TAMBERLY GREENING for property located at 1629 NORTH CROSSOVER ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.83 acres. The request is to allow for limited business, Use Unit 12, in a RSF-4 zoning for an antique/retail store. Jesse Fulcher, Current Planner, read the staff report. Tamberly Greening, applicant, stated that she thought this was a good use for the historic home. They have been cleaning the property and think that it will be a compliment to the neighborhood. The requirement to widen the driveway will require removing a lot of trees and likely cause the root cellar to collapse. Public comment: John Baker, neighbor, stated that they don't want a lot of transients near their pool (Boardwalk Subdivision), or overflow parking into the subdivision. Traffic accidents in this area along Crossover are also high. There are also vacant storefronts down on the commercial portion of Crossover. Kim Petrone, neighbor, stated that she has lived next door for nine years and she is worried about the proximity of the business to their pool. Bob Smith, neighbor, stated that six parking spaces isn't enough and they should deny the request. No more public comment was presented. Commissioner Chesser stated that he is not convinced that an antique store will generate that much traffic and that the use is probably appropriate. Not sure about the requirement to widen the driveway or build a new fence. Commissioner Winston stated that the driveway widening needs to occur. Ed Greening, applicant, commented about the requirement to widen the driveway. John Hummel, neighbor, stated that there is plenty of room for parking because there is a huge field to use. How will the applicants maintain this area when it is wet? This business will change the quality of life for the neighborhood. Commissioner Cook asked if the parking area could be smaller. Fulcher stated yes. Commissioner Honchell asked the applicant about the tree removal concerns. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 14 of 16 Planning Commission April9, 2012 Page 15 of 15 Mrs. Greening stated that there were trees on both sides of the existing driveway. Commissioner Honchell stated that he didn't see traffic problems being a concern. Mrs. Petrone commented about the traffic incident report provided by her from the police department. Commissioner Chesser asked staff if the there was a minimum depth that the driveway needed to be. Fulcher stated that there wasn't a specific depth, but that cars needed to be able to pull off of Crossover while a car was parked waiting to exit onto Crossover. Commissioner Hoskins asked the applicant if they had looked at moving or adding a separate drive in another location. Mr. Greening stated that the project probably won't happen with these requirements. Motion: Commissioner Chesser made a motion to approve CUP 12-4069 with condition of approval #2 struck and replaced to state that the driveway be widened to 20', extending 30' from Crossover. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 6-3-0. There being no further business, the meeting was adjourned at 8:55 PM. May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 15 of 16 May 14, 2012 Planning Commission PC Minutes 4-9-12 Agenda Item 1 Page 16 of 16 Planning Commission April23, 2012 Page 1 of 13 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on Apri1239, 2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: VAC 12-4064: Vacation (1001 W. ROCHIER ST./PARK GREEN, 561): Approved Page 3 Old Business: ADM 12-4062: Administrative Item (3484 W. WEDINGTON/CROSS CHURCH, 401): Page 4 Approved ADM 12-4093: Administrative Item (N. OF COBBLESTONE PH I/COBBLESTONE PH III, 246): Page 5 Approved New Business: ADM 12-4073: Administrative Item (UDC AMENDMENT CHAPTER 166, DEVELOPMENT): Page 6 Tabled/Forwarded ADM 12-4096: Administrative Item (811 & 833 S. BEECHWOOD AVE./THE DOMAIN_LOVEBOX, 559): Page 7 Approved ADM 12-4114: Administrative Item (4170 W. MARTIN LUTHER KING BLVD./MONTEZ, 595): Page 8 Tabled CUP 12-4094: Conditional Use Permit (FOREST HILLS LOT 5/PLANET FITNESS, 440): Page 9 Approved LSD 12-4083: Large Scale Development (FOREST HILLS LOT 5/PLANET FITNESS, 440): Page 10 Approved CUP 12-4075: Conditional Use Permit (1934 E. HUNTSVILLE RD./STILES, 565): Page 11 Approved CUP 12-4084: Conditional Use Permit (3825 N. SHILOH DR./BUCK NEKKID BBQ, 174): Page 12 Approved RZN 12-4077: Rezone (HALSELL ROAD/PRATT PLACE INN, 481): Denied Page 13 May 14, 2012 Planning Commission PC Minutes 4-23-12 Agenda Item 1.1 Page 1 of 14 Planning Commission April23, 2012 Page 2 of 13 MEMBERS PRESENT Craig Honchell Matthew Cabe Tracy Hoskins Sarah Bunch Ryan Noble Kyle Cook Porter Winston Blake Pennington STAFF PRESENT Andrew Garner Jesse Fulcher Glenn Newman Quinn Thompson ASSISTANT CITY ATTORNEY Jason Kelly, Assistant City Attorney MEMBERS ABSENT William Chesser 5:30 PM - Planning Commission Chairman Porter Winston called the meeting to order. Chairman Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Commissioner Chesser were present. May 14, 2012 Planning Commission PC Minutes 4-23-12 Agenda Item 1.1 Page 2 of 14 Planning Commission April23, 2012 Page 3 of 13 Consent: VAC 12-4064: Vacation (1001 W. ROCHIER ST./PARK GREEN, 561): Submitted by CRAFTON TULL AND ASSOCIATES, INC. for properties located at 1001 WEST ROCHIER STREET. The properties are zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE AND RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE. The request is to vacate undeveloped streets and alley ways in the Rochier Heights Subdivision. Motion: Commissioner Cook made a motion to approve VAC 12-4064 as recommended by staff. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. May 14, 2012 Planning Commission PC Minutes 4-23-12 Agenda Item 1.1 Page 3 of 14 Planning Commission April23, 2012 Page 4 of 13 Old Business: ADM 12-4062: Administrative Item (3484 W. WEDINGTON/CROSS CHURCH, 401): Submitted by CROSS CHRUCH FAYETTEVILLE for property located at 3484 WEST WEDINGTON DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The request is for a modification to the approved CUP 10-3501 to increase the maximum number of people attending services to 704 during peak hours. Jess Fulcher, Current Planner, read the staff report. Jeff Dangeau, attorney for the church, discussed the new traffic circulation plan, how they will reduce traffic on Chevaux Court, and where officers will be stationed for traffic control. No public comment. Commissioner Cabe thanked the applicant for working out the issues with the neighbors. Motion: Commissioner Cabe made a motion to approve ADM 12-4062 as recommended by staff. Upon roll call the motion passed with a vote of 8-0-0. May 14, 2012 Planning Commission PC Minutes 4-23-12 Agenda Item 1.1 Page 4 of 14 Planning Commission April23, 2012 Page 5 of 13 ADM 12-4093: Administrative Item (N. OF COBBLESTONE PH I/COBBLESTONE PH III, 246): Submitted by JORGENSEN AND ASSOCIATES for property located NORTH OF COBBLESTON PHASE I. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 25 acres. The request is for variances of the block length and master street plan cross section requirements for development of Phase 11I of the Cobblestone Subdivision. Jesse Fulcher, Current Planner, read the staff report. Blake Jorgensen, applicant, stated that they added an internal street to fix the block length issues, but wasn't sure if they still needed a variance on the east side of the street, as that block length was just over 800'. Fulcher stated that they commission should only review what had been presented in the staff report at this time. Commission Hoskins stated that this was only for two 24' streets and that the rest of the development already had 24' streets. The commission should go ahead and consider both variances now. Jorgensen stated that the exterior block length was 814'. Fulcher requested clarification from the applicant about the exact block length variance being added. Blake confirmed that the variance was for 14'. Fulcher stated that staff can support a 14' variance over an 800' distance. No public comment. Motion: Commissioner Cook made a motion to approve ADM 12-4093. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. May 14, 2012 Planning Commission PC Minutes 4-23-12 Agenda Item 1.1 Page 5 of 14 Planning Commission April23, 2012 Page 6 of 13 New Business: ADM 12-4073: Administrative Item (UDC AMENDMENT CHAPTER 166, DEVELOPMENT)• Submitted by THE CITY OF FAYETTEVILLE PARKS & RECREATION to amend Chapter 166, Development with general updates, revisions, and minimal new language. Alison Jumper, Parks Planner, read the staff report. No public comment. Commissioner Hoskins stated that the item should be tabled due only five property sales being used to determine the price per acre. Commissioner Honchell asked if Hoskins disagreed with the information. Commissioner Hoskins stated that he need more time to look at other property sales. Commissioner Winston stated that he was okay if the item was tabled with discussion occurring before the next meeting. Connie Edmonston, Parks and Recreation Director, stated that they would like to have Parks and Recreation Advisory Board included in any additional discussions, since they reviewed the current proposal. Commissioner Cabe stated that he wasn't comfortable with the commission being involved in the research side of the ordinance change and did not support tabling the request. Commssioner Hoskins stated that he thought it would be appropriate to have more research before making a decision. Commissioner Cook stated that he agreed with Cabe, and that the land price had not been questioned in the past. Commissioner Hoskins asked staff how many comps had been used last time the ordinance was updated. Jumper stated she could not recall. Commissioner Honchell asked Hoskins if he thought the price was too high, and stated that he was not comfortable questioning the data. Commissioner Hoskins stated that he was not question Alison's research, but was saying that there might be more information available that could impact the research. Motion: Commissioner Hoskins made a motion to table ADM 12-4073. Commissioner Pennington seconded the motion. Upon roll call the motion failed with a vote of 2-6-0. May 14, 2012 Planning Commission PC Minutes 4-23-12 Agenda Item 1.1 Page 6 of 14 Planning Commission April23, 2012 Page 7 of 13 Motion: Commissioner Honchell made a motion to forward ADM 12-4073. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-1-0. May 14, 2012 Planning Commission PC Minutes 4-23-12 Agenda Item 1.1 Page 7 of 14 Planning Commission April23, 2012 Page 8 of 13 ADM 12-4096: Administrative Item (811 & 833 S. BEECHWOOD AVE./THE DOMAIN_LOVEBOX, 559): Submitted by JORGENSEN AND ASSOCIATES for property located at 811 & 833 SOUTH BEECHWOOD AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 16.24 acres. The request is for a modification to the approved LSIP 12-4036 for the curb -cut separation on Hollywood Avenue. Jesse Fulcher, Current Planner read the staff report. Blake Jorgensen stated that the driveway couldn't go south of the building due to the terrain. Public comment. Aubry Sheppared, citizen, stated that he was happy the drive wasn't going south of the building where the area is very wet. No more public comment. Commissioner Cook stated that he was glad to see connection to the west, and is supportive of the variance since it is only next to a driveway for the Fire Station. Motion: Commissioner Cook made a motion to approve ADM 12-4096. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. May 14, 2012 Planning Commission PC Minutes 4-23-12 Agenda Item 1.1 Page 8 of 14 Planning Commission April23, 2012 Page 9 of 13 LSD 12-4083: Large Scale Development (FOREST HILLS LOT 5/PLANET FITNESS, 440): Submitted by JORGENSEN AND ASSOCIATES, INC. for property located SOUTH OF WEST WEDINGTON DRIVE AND DIRECTLY EAST OF THE NEIGHBORHOOD MARKET. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT (FOREST HILLS) and contains approximately 9.81 acres. The request is for development of a fitness center. CUP 12-4094: Conditional Use Permit (FOREST HILLS LOT 5/PLANET FITNESS, 440): Submitted by JORGENSEN AND ASSOCIATES, INC. for property located SOUTH OF WEST WEDINGTON DRIVE AND DIRECTLY EAST OF THE NEIGHBORHOOD MARKET. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT (FOREST HILLS) and contains approximately 9.81 acres. The request is for a health club, Use Unit 4, within the R-PZD Forest Hills zoning district. Jesse Fulcher, Current Planner, read the staff report for the large scale and condition use applications together. Jared Inman, applicant, stated that he agreed with the conditions. Commissioner Hoskins stated that he didn't share staff's opinions of support for the building design, based on the PZD requirements. Jim Key, applicant, discussed all of the changes to the building since the initial submittal. Commissioner Hoskins asked staff how they reviewed the design standards in light of the PZD requirements. Fulcher stated the PZD booklet design guidelines provided a general concept for the design of each planning area. This planning area was not intended to be a standard retail center development, as was original proposed, and as is allowed in Planning Area 1. This is why there were so many changes to the building design since the Technical Plat meeting. The design standards for this planning area actually include two very different design themes — the multi -story mixed use buildings and the one to two-story office and retail buildings. This project should be reviewed based on the single -story design concepts. No public comment. Motion: Commissioner Cabe made a motion to approve CUP 12-4094. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. May 14, 2012 Planning Commission PC Minutes 4-23-12 Agenda Item 1.1 Page 9 of 14 Planning Commission April23, 2012 Page 10 of 13 CUP 12-4075: Conditional Use Permit (1934 E. HUNTSVILLE RD./STILES, 565): Submitted by SHARON STILES for property located at 1934 EAST HUNTSVILLE ROAD. The property is zoned NS, NEIGHBORHOOD SERVICES and contains approximately 0.41 acre. The request is to bring the existing antique store into compliance by allowing UU-15, Neighborhood Shopping Goods. Jesse Fulcher, Current Planner, read the staff report. Sharon Stiles, applicant, stated that she was hoping to finally get her building permit. No public comment. Motion: Commissioner Cabe made a motion to approve CUP 12-4075 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. May 14, 2012 Planning Commission PC Minutes 4-23-12 Agenda Item 1.1 Page 10 of 14 Planning Commission April23, 2012 Page 11 of 13 CUP 12-4084: Conditional Use Permit (3825 N. SHILOH DR./BUCK NEKKID BBQ, 174): Submitted by TERESA BROOKS for property located at 3825 NORTH SHILOH DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.62 acres. The request is for a conditional use permit for outdoor music, Use Unit 35, in a C-2 zoning. Quin Thompson, Current Planner, read the staff report. Commissioner Cabe asked about dancing as a part of the conditional use permit. Thompson discussed that dancing was not a part of the request. No public comment. Motion: Commissioner Cabe made a motion approve CUP 12-4084. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. May 14, 2012 Planning Commission PC Minutes 4-23-12 Agenda Item 1.1 Page 11 of 14 Planning Commission April23, 2012 Page 12 of 13 RZN 12-4077: Rezone (HALSELL ROAD/PRATT PLACE INN, 481): Submitted by BATES AND ASSOCIATES for property located on HALSELL ROAD. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT (PRATT PLACE INN) and contains approximately 2.37 acres. The request is to rezone a portion of the Pratt Place Inn property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. Jesse Fulcher, Current Planner, read the staff report. John Davidson, applicant, stated that he plans to building four homes on .70 acre lots. Mary Bassett, applicant, stated that she is representing the Archer's, who will be placing a covenant on the property. There are no future plans for development. Public comment: James Coger, neighbor, stated that he was not happy with the original PZD and that the rest of the land was supposed to be a buffer from that development. Allowing this would be a big mistake and am surprised by staff's recommendation. No more public comment. Fulcher went over the standard requirements for street improvements for single-family construction. Jason Kelley, Assistant City Attorney, stated that one council's decision does not control the next. Commissioner Cabe stated that he doesn't want to carve out a piece of this property. Davidson stated that this project was in line with City Plan 2025 and 2030. This is an infill project near the university. Commissioner Cabe stated that this was single-family construction on 3/4 acre lots. This is not infill or appropriate. Commissioner Hoskins asked why the applicant wasn't asking for more density. Davidson stated that the zoning was RSF-4 all around this property, but that a lower density zoning would also work, since they were only planning on building four houses. Commissioner Hoskins asked the applicant about increasing the density. Davidson stated that the property was very challenging to develop due to the topography. The intent is to bring in one driveway to serve all four lots. The property is in the HHOD. Commissioner Cook stated that he was on the council when the Pratt Place PZD was approved and that it was discussed that the remainder of the property would remain undeveloped. I will stick with that decision. May 14, 2012 Planning Commission PC Minutes 4-23-12 Agenda Item 1.1 Page 12 of 14