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HomeMy WebLinkAbout2012-01-09 - Agendas - FinalPlanning Commission Officers Matthew Cabe, Chair Porter Winston, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting January 9, 2012 Planning Commissioners Chris Griffin William Chesser Kyle Cook Hugh Earnest Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on January 9, 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 Agenda Session Presentations, Reports and Discussion Items Consent: 1. Approval of the minutes from the December 12, 2011 meeting. 2. PLANNING COMMISSION BYLAW AMENDMENT: An amendment proposed by Planning staff, related to the number of votes required to forward a rezoning request and clarification for administratively approved items. Planner: Andrew Garner 3. ADM 11-4017: Administrative Item (NORTHEAST CORNER OF FIFTH STREET/SOUTH SCHOOL/SYCAMORE LOFTS PH II, 523): Submitted by APPIAN, INC. for property located at the NORTHEAST CORNER OF FIFTH STREET/SOUTH SCHOOL AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.23 acre. The request is for approval of a shared parking agreement. Planner: Andrew Garner 4. ADM 11-4019: Administrative Item (NORTH SIDE OF MLK BETWEEN BLOCK AND EAST AVENUES/JACOBS, 523): Submitted by APPIAN, INC. for property located ON THE NORTH SIDE OF MARTIN LUTHER KING BOULEVARD BETWEEN BLOCK AVENUE AND EAST AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.00 acre. The request is for a variance of the Access Management Ordinance to allow for a curb cut onto Martin Luther King Boulevard, a Collector Street, when the property also has frontage onto lower classification streets. Planner: Andrew Garner New Business: 5. ADM 11-4020: Administrative Item (333 W. LAFAYETTE ST./UNIVERSITY BAPTIST CHURCH, 484): Submitted by MCCLELLAND CONSULTING ENGINEERING for property located at 333 WEST LAFAYETTE STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.47 acres. The request is for a shared parking agreement for 62 parking spaces. Planner: Dara Sanders 6. LSD 11-3992: Large Scale Development (ECO DOWNTOWN, 484): Submitted by MCCLELLAND CONSULTING ENGINEERING for property located southwest of intersection of WEST LAFAYETTE STREET AND NORTH CAMPBELL AVENUE (ECO DOWNTOWN). The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.47 acres. The request is for a multi -family apaitment building containing 250 units and an enclosed parking garage. Planner: Dara Sanders 7. CUP 11-4006: Conditional Use Permit (415 N. BROYLES AVE./RECYCLING DROP- OFF/EDUCATIONAL FACILITY, 476): Submitted by THE CITY OF FAYETTEVILLE for property located at 415 NORTH BROYLES AVENUE. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 3.00 acres. The request is to allow Community Recycling Drop off Facility, Use Unit 2, in an R -A zoning district. Planner: Jesse Fulcher 8. LSD 11-4007: Large Scale Development (415 N. BROYLES AVE./RECYCLING DROP- OFF/EDUCATIONAL FACILITY, 476): Submitted by THE CITY OF FAYETTEVILLE for property located at 415 NORTH BROYLES AVENUE. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 3.00 acres. The request is for a community recycling drop-off and educational facility. Planner: Jesse Fulcher 9. CUP 11-3998: Conditional Use Permit (716 W. SYCAMORE ST./CANINE CONNECTION, 366): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at 716 WEST SYCAMORE STREET. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.88 acre. The request is to allow Animal Boarding and Training, Use Unit 43, in a C-2 zoning district. Planner: Andrew Garner 10. CUP 11-4010: Conditional Use Permit (131 W. ELM ST./MOLDENHAUER, 367): Submitted by BATES AND ASSOCIATES for property located at 131 WEST ELM STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 1.84 acres. The request is to allow a tandem lot. Planner: Andrew Garner 11. RZN 11-3999: Rezone (2514 W. LORI DR./RAZORBACK PARK GOLF COURSE, 285): Submitted by RON CAVINESS for property located at 2514 WEST LORI DRIVE. The property is zoned RSF-1, RESIDENTIAL SINGLE-FAMILY, 1 UNIT PER ACRE and contains approximately 37.11 acres. The request is to rezone a portion of the property to R -A, RESIDENTIAL AGRICULTURAL. Planner: Jesse Fulcher 12. ADM 11-4018: Administrative Item (UDC CH. 172.10: BICYCLE PARKING RACK REQUIREMENTS): Submitted by THE CITY OF FAYETTEVILLE PLANNING DIVISION. The request is for an ordinance to amend and clarify the Unified Development Code section 172.10: Bicycle Parking Rack Requirements. Planner: Leif Olson The following item has been approved administratively by City staff: FPL 11-3995: Final Plat (SUMMIT PLACE REPLAT PHASE I, 329): Submitted by COOVER CONSULTANTS for property located SOUTHEAST OF THE INTERSECTION OF EAST TOWNSHIP STREET AND NORTH COLLEGE AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 30.56 acres. The request is to replat Phase I of the Summit Place subdivision resulting in 27 single family lots. 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 December 12, 2011 Page 1 of 9 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on December 12, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: November 28, 2011 Page 3 Approved Old Business: CUP 11-3982: Conditional Use Permit (2012 W. MARTIN LUTHER KING BLVD./USA DRUG, 520) Page 4 Approved New Business: LSD 11-3977: Large Scale Development (NW OF THE INTERSECTION OF WEST ST. & LAFAYETTE AVE./555 MAPLE, 484) Page 5 Approved LSD 11-3984: Large Scale Development (N.W. CORNER OF JOYCE BLVD. AND VANTAGE DR./LIBERTY BANK, 175) Page 7 Approved PLANNING COMMISSION BYLAW AMENDMENT Page 9 No action MEMBERS PRESENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Chris Griffin Porter Winston Matthew Cabe Kyle Cook STAFF PRESENT Andrew Garner MEMBERS ABSENT January 9, 2012 Planning Commission PC Minutes 12-12-11 Agenda Item 1 Page 1 of 10 Planning Commission December 12, 2011 Page 2 of 9 CITY ATTORNEY Kit Williams, City Attorney 5:30 PM - Planning Commission Chair Matthew Cabe called the meeting to order. Commissioner Cabe requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present. January 9, 2012 Planning Commission PC Minutes 12-12-11 Agenda Item 1 Page 2 of 10 Planning Commission December 12, 2011 Page 3 of 9 Consent: Approval of the minutes from the November 28, 2011 meeting. Motion: Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 6-3-0. January 9, 2012 Planning Commission PC Minutes 12-12-11 Agenda Item 1 Page 3 of 10 Planning Commission December 12, 2011 Page 4 of 9 Old Business: CUP 11-3982: Conditional Use Permit (2012 W. MARTIN LUTHER KING BLVD./USA DRUG, 520): Submitted by JORGENSEN AND ASSOCIATES for property located at 2012 WEST MARTIN LUTHER KING BOULVARD. The property is zoned C-1, NEIGHBORHOOD SERVICES AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.93 acre. The request is for parking in excess of that permitted in Chapter 172, Parking and Loading. Dara Sanders, Current Planner, presented the staff report. Justin Jorgensen, representative, explained that he and the applicant are working with the property owner to the east in an effort to secure a shared curb cut and stated that he agrees with staff's findings, including staff s recommendation for denial of the eastern curb cut as proposed, which did not include shared access with the property owner to the east. No public comment was presented. Commissioner Chesser clarified with the representative that the applicant is okay with staffs recommendation for denial of the eastern curb cut as proposed. Jorgensen verified that they are. Motion: Commissioner Chesser made a motion to approve CUP 11-3982 with the following determinations: • Condition of Approval #1.a: In favor of the westem curb cut. • Condition of Approval #1.b: In favor of the eastern curb cut only if the curb cut is shared with the neighbor adjacent to the east. • In favor of all other conditions of approval listed in the staff report Commissioner Earnest seconded the motion Upon roll call the motion passed with a vote of 6-0-0. January 9, 2012 Planning Commission PC Minutes 12-12-11 Agenda Item 1 Page 4 of 10 Planning Commission December 12, 2011 Page 5 of 9 LSD 11-3977: Large Scale Development (NW OF THE INTERSECTION OF WEST ST. & LAFAYETTE AVE./555 MAPLE, 484): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located northwest of the intersection of WEST STREET AND LAFAYETTE AVENUE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.96 acres. The request is for a multi -family development with 183 dwellings. Dara Sanders, Current Planner, presented the staff report. Seth Mims, applicant, expressed agreement with conditions of approval, discussed the ways in which the proposal meets the guiding policies of City Plan 2030, and addressed the variance request from the height regulations of the DG, Downtown General, zoning district. Public Comment: Irene Pritchard, neighbor, discussed her concern with density and the fact that the four-story/56-foot requirement indirectly limits density in a zoning district that does not specify a density maximum. Paula Marinoni, neighbor, thanked the Planning Commission for their service and discussed the impact of the development of future development in the area and the view of Old Main. She expressed opposition to the applicant's variance request. James (inaudible), neighbor, spoke in favor of the project, finding that it will benefit Fayetteville by providing infill and services for downtown. Fred Stevens, neighbor, was not opposed to the project, but he was opposed to the size of the structure and the number of unsupervised students that would live on the site. He also discussed visibility of Old Main. Joe (inaudible), neighbor, discussed the number of unsupervised students on the site, the current parking issues in his neighborhood, and the precedent that the height variance will establish. Mikel Lolley, Fayetteville resident, discussed his support for the development, the Transportation Oriented Development aspects of the project, and the way in which the project works to frame the view of Old Main, which strengthens the view instead of detracting from it. He discussed the importance of walkability and attainable housing and encouraging diversity. Ethel Goodstein-Murphree, Fayetteville resident and architecture professional, expressed support for the project, finding a high level of articulation and proportion. She discussed the balance of the past and the presence. She addressed previous comments on the impact of the development on the view of Old Main, specifically that this one building shouldn't be the driver for the City. Instead, the driver should be about viability, services, and density. Stephan Pollard, resident of 555 Maple Street, expressed support for the project and discussed his experiences in living in this location and with property management of this type. Sally (inaudible), neighbor, discussed her opposition to the height variance and wanted the applicant to change the types of bedrooms and units for the proposal. Aubrey Shepherd, Fayetteville resident, discussed trees and greenspace on the site. He believes that all variance requests should require City Council approval. January 9, 2012 Planning Commission PC Minutes 12-12-11 Agenda Item 1 Page 5 of 10 Planning Commission December 12, 2011 Page 6 of 9 Bill Rowell, neighbor, expressed concern with traffic. No more public comment was presented. Commissioner Chesser discussed the issue of"unsupervised students" with the applicant and the City Attorney and found that legal adults would be the lease holders, subsequently not requiring supervision. Commission Chesser and Andrew Garner, Senior Planner, discussed the traffic study submitted by the applicant and the height limitation of the DG district. Commission Winston believes that the project is consistent with the goals of City Plan 2030 and is in support. Commissioner Earnest provided a description of the Subdivision Committee's review of the project. He agreed with Mr. Lolley's assessment of the project during the public comment and expressed that it is important to support appropriate infill. Commission Honchell and the applicant discussed the maximum number of people anticipated for each unit, parking maintenance, and public comment regarding the height issue. Commissioner Cabe expressed his support for the project, including the variance request, especially considering the design and proposal. He discussed the issue of density, proximity to services, and the anticipation of fewer cars on the road, and he commended the project team for their product. He also stated that he had been contacted by members of the public who requested that the item be tabled because they could not attend the meeting. Commissioner Hoskins stated that he was not in support of tabling. Commissioner Earnest did not see an advantage to tabling the request. Motion: Commissioner Griffin made a motion to approve LSD 11-3997 finding in favor of all conditions of approval as recommended by staff in the staff report. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. January 9, 2012 Planning Commission PC Minutes 12-12-11 Agenda Item 1 Page 6 of 10 Planning Commission December 12, 2011 Page 7 of 9 LSD 11-3984: Large Scale Development (N.W. CORNER OF JOYCE BLVD. AND VANTAGE DR./LIBERTY BANK, 175): Submitted by CRAFTON TULL AND ASSOCIATES for property located at the NORTHWEST CORNER OF JOYCE BOULEVARD AND VANTAGE DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.60 acres. The request is for the construction of a 21,613 sq. ft. bank and associated parking. Andrew Garner, Senior Planner, presented the staff report. Daniel Ellis, applicant, discussed that the curb cut won't create an adverse impact to traffic on Joyce. No public comment was presented. Commissioner Winston asked to see the animation of the vehicular movements the applicant mentioned. The traffic model animation was shown on the screen. Ernie Peter, traffic consultant for the applicant, discussed the simulation of the results for traffic going into and out of the site with the curb cut. There are no site line issues. He discussed traffic safety at a bank/office is not an issues because it is a low traffic generator. Commissioner Chesser asked about the City Attorney's memo. Kit Williams, City Attorney, read the variance section of the ordinance and discussed the access management ordinance. He discussed that unless there is no safe place for the curb cut, the variance needs to be granted. He also discussed that the planning commission cannot reverse the previous decision of the City Council to grant a curb cut at this location. Jeremy Pate, Development Services Director, discussed that prior to the Access Management ordinance the only test for a curb cut was whether it would create a dangerous traffic condition. With the Access Management ordinance being adopted after the City Council granted a curb cut variance on this site, it has given guidance to staff and developers. He discussed that this is a new ordinance that was not in place at the time the previous curb cut was granted. Williams asked about an island in the middle lane for safety. Daniel Ellis, applicant, discussed that this island depicted on the video was just for modeling purposes and was not a part of their proposal. Commissioner Chesser discussed that based on the City Attorney's memo we should allow a curb cut. He asked if the curb cut can be modified and more controls added? Williams discussed that the curb cut may be restricted. Daniel Ellis, applicant, discussed that shifting the curb cut to meet the minimum is not an issue. Glenn Newman, staff engineer, discussed that the curb cut design could be more aggressive. He discussed access management and the engineering does not recommend this curb cut and that left turns create a majority of vehicular accidents. January 9, 2012 Planning Commission PC Minutes 12-12-11 Agenda Item 1 Page 7 of 10 Planning Commission December 12, 2011 Page 8 of 9 Commissioner Earnest discussed that after the 2007 decision for the curb cut that the Access Management ordinance was adopted. Commissioner Griffin stated that courts have determined that in the state of Arkansas if you pay to have property on an arterial road, you get access to that road unless you compensate the owner. Motion: Commissioner Griffin made a motion to approve LSD 11-3984 with the following findings: • Condition of approval 1.a.: finding in favor of a variance to allow a curb cut onto Joyce. • Condition of approval 1.b: deny the curb cut separation variance. The applicant is permitted a left -in, right -in, right -out only (three-quarter) curb cut onto Joyce Boulevard. The design of the curb cut to be modified to the satisfaction of City Development Services staff. • Finding in favor of all other conditions of approval as recommended by staff in the staff report. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 6-3-0 (Commissioners Cook, Earnest, and Cabe voting `no'). January 9, 2012 Planning Commission PC Minutes 12-12-11 Agenda Item 1 Page 8 of 10 Planning Commission December 12, 2011 Page 9 of 9 PLANNING COMMISSION BYLAW AMENDMENT: An amendment proposed by Planning staff, related to the number of votes required to forward a rezoning request and clarification for administratively approved items. Andrew Garner, Senior Planner, gave the staff report. The Commission gave a general consensus that they were in favor of the proposed changes to the bylaws. Garner discussed that staff will place this item on the next Planning Commission agenda for adoption. There being no further business, the meeting was adjourned at 8:02 PM. January 9, 2012 Planning Commission PC Minutes 12-12-11 Agenda Item 1 Page 9 of 10 January 9, 2012 Planning Commission PC Minutes 12-12-11 Agenda Item 1 Page 10 of 10 ave evi le ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of January 09, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Development Services DATE: December 21, 2011 Planning Commission Bylaw Amendment: An amendment proposed by Planning staff, related to the number of votes required to forward a rezoning request and clarification for administratively Planner: Andrew Garner approved items. Discussion: The Planning Commission bylaws currently require five votes to forward a rezoning request to the City Council (see attached). At the November 28, 2011 Planning Commission meeting the City Attorney discussed that because rezonings require approval by the City Council after a recommendation by the commission, it may be appropriate to allow a simply majority vote at the commission level to forward a rezoning request. Proposal: Staff has drafted an amendment to the Planning Commission bylaws to: 1. Allow rezoning requests to be forwarded with a majority vote; and 2. Removed Lot Splits and Final Plats from development items that require approval by the Subdivision Committee, as these items are now approved administratively by staff in accordance with the Fayetteville Unified Development Code. Recommendation: Amendments to the Planning Commission bylaws are required to be presented in writing at a regular meeting and placed on the agenda of a subsequent regular meeting for action. Staff recommends these amendments be discussed at the December 12, 2011 meeting, and if the commission is comfortable with these changes the changes be adopted at the January 9, 2012 meeting. PLANNING COMMISSION ACTION: Required YES Planning Commission Action: ❑Approved ❑ Denied ❑ Tabled Motion: Second: Vote: Meeting Date: January 09, 2012 K:lPlanning Commission and BOAIBylaws and RulestPC Bylaws and RuleslAmendmenl 201/IPC Bylaws Amendment PLNG memo January 9, 2012 Planning Commission Planning Commission Bylaw Amend Agenda Item 2 Page 1 of 8 ARTICLE I. Proposed Amendments BYLAWS CITY OF FAYETTEVILLE PLANNING COMMISSION Revised and Adopte. - -!!Janua 9 2012 MEMBERS AND TERMS A. The members and terms of service shall be as stipulated by ordinance. Any member who is absent for three (3) consecutive regular meetings, except in case of illness or extraordinary circumstances, shall tender his resignation. ARTICLE II. OFFICES A. The chair shall appoint three (3) members from the Planning Commission to serve as a nominating committee for the positions of chair, vice -chair and secretary. The nominating committee shall present its slate to the Planning Commission who shall elect, by secret ballot, the chair, vice -chair and secretary annually no later than the first regular meeting in the month of April. An officer of the Planning Commission may serve in any one position for no more than two consecutive terms. B. The chair shall preside at all meetings and public hearings of the Planning Commission and shall decide all points of order or procedure. All plans, plats, etc., requiring the signature of the Planning Commission shall be signed by the chair, vice -chair or the secretary; when authorized by the Commission. These officers or either of them shall sign all other documents on behalf of the Commission. C. The vice -chair shall assume the duties of the chair in the chair's absence. D. In the event of the absence or disability of both the chair and vice -chair at any meeting, the oldest appointive member in point of service shall act as chair during such meeting. E. The planning staff of the City of Fayetteville shall be responsible for the minutes of every meeting, shall notify of regular meetings of the Planning Commission at least four (4) days in advance of the meetings, shall give all notice of special meetings, and shall carry on routine correspondence and maintain the files of the Commission. All notices of public hearings and similar notices requiring the legal publication shall be signed by a member of the planning staff of the City of Fayetteville. F. Should any unusual circumstance prevent the election of officers at the regular annual meeting, officers shall serve until their successors are elected. ARTICLE III. MEETINGS January 9, 2012 Planning Commission Planning Commission Bylaw Amend Agenda Item 2 Page 2 of 8 A. All meetings of the Planning Commission shall be public and no meeting can be held without full compliance of the Freedom of Information Act. B. The regular annual meeting of the Planning Commission shall be held at the first meeting of the month of April each year, at 5:30 p.m. on the second Monday of the month or on such other day of the month as may be fixed by vote of the Commission. C. The regular meetings of the Commission shall be held at 5:30 p.m. on the second and fourth Mondays of each month. Notice of such meetings shall be mailed at least four (4) days in advance of each meeting. D. Special meetings may be called by the chair at any time and shall be called at the request of any three (3) members of the Commission. At least four (4) days notice of special meetings shall be given each member, if possible, but under extraordinary circumstances special meetings may be called by telephone and without other notice. E. A quorum shall consist of five (5) members. No formal business may be conducted without a quorum and no vote shall be cast by proxy. No action may be taken on any item on which, excluding those members who abstain, there are fewer than five members voting. Any member who abstains should inform the Chair of his or her intention prior to commencement of discussion of the item. At that time, prior to commencement of discussion of the item, the abstaining member(s) shall withdraw from the Planning Commission meeting and shall not speak of the respective item until a vote has been cast by the remaining members of the Commission. Following a vote concerning the matter, the abstaining member(s) may return to his seat. F. 1. It shall require five (5) positive votes to carry the following items: 1 a. Zoning Changes 1 n. Amenaments or cnanges to the Master Street Plan c. All Conditional Uses d. Amendments of the Planning Commission Bylaws. 2. A majority vote of those members present shall be needed for adoption of any other motions. An abstention shall not be construed as a vote either for or against the item under consideration, and the abstaining member shall be treated as if absent for the purpose of determining the number comprising a majority on the vote on that item. For example, if eight members are present and a vote is four ayes, three nays, and one abstention, the motion passes. G. The order of business at all regular meetings shall be as follows: 2 January 9, 2012 Planning Commission Planning Commission Bylaw Amend Agenda Item 2 Page 3 of 8 1. Reading of minutes of previous meeting (except reading of minutes may be dispensed with by unanimous vote or copy of minutes as distributed to Commission members may be approved without reading); 2. Unfinished Business; 3. New Business; and, 4. Other Business. H. Public hearings shall be conducted formally, and the chair shall make all rulings and determinations regarding the admissibility of evidence; the scope of the inquiry; the order in which evidence, objections and arguments shall be heard; and other like matters, except that when in doubt, he may refer to staff, the city attorney, or to any member with knowledge of the problem. Any member shall be privileged to make inquiries personally and to call for a vote on any ruling of the chair with which he does not agree, whereupon the vote shall determine the effective ruling. It shall be the purpose of the chair to expedite all hearings, confining them to the presentation of only essential matters in the interest of saving time, but entertaining the presentation of sufficient matter to do substantial justice to all concerned. Presentation by an applicant on an item of consideration shall be confined to information pertinent to the application, and shall be limited to a period of time not to exceed twenty minutes. A speaking time limit of no more than ten minutes per citizen or twenty minutes per neighborhood group shall be enforced by the chair, and all comments should be directed to information pertinent to the application, as determined by the chair. Extension of said speaking time for any person or group shall only be permitted by the chair upon petition. Official action shall be taken only in regular or special session of the Planning Commission. A rehearing shall be called for only if there was a factual error, omission or oversight in the first consideration or at the request of the City Council. A request for a rehearing must be made in writing and must state the factual error, omission or oversight asserted as the basis for a rehearing. A request for a rehearing must be filed with the Planning Administrator within thirty (30) days from the date of final action on the matter by the Planning Commission. J. During Planning Commission meetings Planning Commission members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings. Neither shall they refuse to obey the orders of the chair or the rules of the Planning Commission. Members of the Planning Commission desiring to speak shall address the chair and, upon recognition by the chair, shall confine themselves to the question under debate and shall avoid all personalities and indecorous language. A Commissioner, once recognized, shall not be interrupted while speaking unless a point of order is raised by another member or unless the member chooses to yield to questions from another member. If a member is called to order while he/she is speaking, he/she shall cease speaking 3 January 9, 2012 Planning Commission Planning Commission Bylaw Amend Agenda Item 2 Page 4 of 8 immediately until the question or order is determined. If ruled not to be in order, he/she shall remain silent or shall alter his/her remarks to as to comply with the rules of the Planning Commission. All members of the Planning Commission shall accord the utmost courtesy to each other, to city employees and to members of the public appearing before the Planning Commission, and shall refrain at all times from rude or derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. Commissioners shall confine their questions as to the particular matters before the Planning Commission and in debate shall confine their remarks to the issues before the Planning Commission. K. All submittals for hearings regarding jurisdiction of lands shall be by the owner thereof or a duly authorized representative. L. Alt meetings shall be conducted according to Robert's Rules of Order. M. An item that has met all notification requirements of the Unified Development Code may only be added for consideration to the final agenda of an ongoing Planning Commission meeting with an affirmative vote of two-thirds of the voting members. ARTICLE IV. COMMITTEES A. The Planning Commission may establish such standing or special or advisory committees as it deems advisable, and may assign to each committee specific duties or functions and establish the terms of members of each such committee. Members of such committees may be persons other than members of the Planning Commission, but a member of the Planning Commission shall be named as chair, either active or ex -officio, of each such committee. B. The chair of the Planning Commission shall name the chair and members of each such committee subject to approval of the Planning Commission and any vacancies on such committee shall be filled in the same manner. C. A Subdivision Committee consisting of at least three Planning Commissioners shall serve as a standing committee that reviews development items after Technical Plat Review and makes recommendations to the Planning Commission. The Chair shall designate three (3) teams of three (3) Planning Commissioners to alternate as Subdivision Committee members, along with a chair of each Subdivision Committee. All members of the Planning Commission shall be eligible as alternates who shall sit with full voting rights in lieu of a regular member or members who are absent from the meeting. The Chair shall designate the order of alternates. 1. The Subdivision Committee shall approve, disapprove, refer back to the developer for more information, or refer to the Planning Commission development items. 2. For final approval, it shall require a unanimous vote of the Subdivision Committee to carry the following items: 4 January 9, 2012 Planning Commission Planning Commission Bylaw Amend Agenda Item 2 '.. Page 5 of 8 a. Large Scale Developments; I h c. 1 he right to Tiave rehearing before the full Planning Commission; Id. Final Plats; and, 3. No development item can receive final approval at Subdivision Committee level if waivers or variances are being sought. Any development with a waiver or variance request must be forwarded to the Planning Commission. All preliminary plats shall be referred to the Planning Commission for action. 4. In order to conduct the business of the Subdivision Committee, at least one (I) member shall be present. No item may be approved, however, unless at least two members present vote in favor of the request. Should two or more members of the committee abstain from an item or be absent, the item shall be forwarded for consideration by the Planning Commission. Should two members of the Subdivision Committee not agree on the recommended action for an item, the item shall be automatically forwarded to the full Planning Commission for consideration. D. No member of the Planning Commission shall be required to serve on more than two committees. ARTICLE V. RECORDS The Planning Staff of the City of Fayetteville shall maintain a file of studies, plans, reports and recommendations made by the Planning Commission in the discharge of its duties and responsibilities. ARTICLE VI. ADMINISTRATION OF THE COMPREHENSIVE PLANS AND ZONING ORDINANCE A. Consideration of Proposals for Changes to Zoning Districts. Before considering a request or proposal for the change of a zoning district, the Commission shall determine that it has before it the following: 1. A map of the parcel of land for which rezoning is proposed or requested indicating the current zoning of the property and the current zoning of the property in the immediate vicinity; 2. A vicinity map indicating the location of the parcel of property, the major thoroughfares and collector streets in the area, and the zoning of property within an approximate one mile radius of the parcel of property in question. If there is a proposed subdivision within a one mile radius of the parcel for which the final plat has been approved, the vicinity map should show the streets in the proposed subdivision. 5 January 9, 2012 Planning Commission Planning Commission Bylaw Amend Agenda Item 2 Page 6 of 8 3. A map indicating the planned land use and public facilities in the area as indicated in the comprehensive land use plan; and 4. A staff report from the City's planning consultant or staff planner containing the following information: a. General Information 1. The name of the applicant 2. The nature of the proposed rezoning and a brief description of the property. b. Findings of the Staff 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principals, and policies and with land use and zoning plans. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. c. Recommendations of Staff 6 January 9, 2012 Planning Commission Planning Commission Bylaw Amend Agenda Item 2 Page 7 of 8 ARTICLE VII, AMENDMENTS These Bylaws may be amended or repealed by an affirmative vote of not less than a majority of the full membership of the Planning Commission. Any proposed amendment shall first be presented in writing at a regular meeting and placed on the agenda of a subsequent regular meeting for action unless ten (10) days written notice of the proposal has been given to all Commissioners, in which case action may be taken at any regular or called meeting; or amendment may be made by unanimous vote without notice. Revised and adopted by the Planning Commission QQf the City of Fayetteville, Arkansas, on the day of I,20042012.I ATTEST: ' Seanatebe Matthew Cabe I- I Leis -Bryant Sarah Bunch chair secretary ADOPTED: November 11, 1959 REVISED: January 16, 1962 February 16, 1965 May 6, 1969 February 6, 1973 March 6, 1973 January 27, 1976 February 28, 1977 November 1, 1977 April 24, 1978 December 12, 1986 September 22, 1986 November 25, 1991 May 22, 1995 May 6, 1996 December 9, 1996 June 23, 1997 May 10, 1999 May 24, 1999 February 23, 2004 October 09, 2006 February 23, 2009 IJanuary 9, 2012 I 7 January 9, 2012 Planning Commission Planning Commission Bylaw Amend Agenda Item 2 Page 8 of 8 aaey SAS e THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Planning DATE: December 21, 2012 PC Meeting of January 9, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 11-4017: Administrative Item (NORTHEAST CORNER 5TH STREET AND SOUTH SCHOOL/SYCAMORE LOFTS II, 523): Submitted by APPIAN, INC. for property located at the NORTHEAST CORNER OF 5TH STREET AND SOUTH SCHOOL AVENUE. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.63 acre. The request is for shared parking for the Sycamore Lofts Phases I and II Planner: ANDREW GARNER BACKGROUND: Property description: The subject property is located at the northeast corner of 5t1i Street and South School Avenue, north of Walgreens. The property is zoned Main Street Center (MSC) and is surrounded by properties containing retail, residential, restaurant, and auto repair. The site was developed within the past five years with a multi -family building and parking lot and an unfinished concrete foundation that was intended to be developed with a second multi -family building. The parking lot is located between the building and unfinished foundation and has a total of 20 spaces. On October 7, 2011 the applicant recorded a lot split that subdivided the overall 0.67 -acre tract into three tracts, separating the two building sites from the parking lot. This was necessary to obtain funding to complete the project. Request: The applicant proposes to develop a multi -family building on the existing concrete pad (Sycamore Lofts II). The existing parking lot will be shared between both buildings. Because the parking lot is on a separate parcel from both building Planning Commission approval of a shared parking agreement is required. Parking for the subject property is summarized in Table 1. TABLE 1: PARKING CHART Spaces Required Existing Bedrooms (Sycamore Lofts 1) 10 10 Proposed Bedrooms (Sycamore Lofts II) 17 17 Proposed Office Space (Sycamore Lofts II) 800 sq.ft. 3 Total Required Spaces 30 Total Proposed Lot Spaces (Shared) Total On -street Spaces TOTAL PARKING PROVIDED 24 12 36 G:IETCIDevelopmenl Services Review1201 ADevelopmeni Reviewll 1-4017 ADM Northeast Corner of 5d, SG_S. School (Sycamore Lofts Shared ParkingQl03 Planning Commission101-09-20121Comments and Redlines January 9, 2012 Planning Commission ADM 11-4017 Sycamore Lofts Ph 11 Agenda Item 3 Page 1 of 8 Discussion: The entire 0.63 -acre site contains three parcels under one ownership. The property owner has submitted a shared parking agreement for the existing parking lot to be shared between both the Sycamore I and II developments. Based on the current code (Section 172.05.C.3.d), shared parking arrangements between developments are encouraged. This site was planned and has been partially developed with the intent of sharing the parking lot between two buildings. The fact that the buildings and the parking lot are on separate parcels requires the shared parking agreement. This will ensure that there is adequate parking, even if the parcels are sold separately. The applicant has submitted legal recorded documents to staff establishing the common use of the parking lot. These documents will be associated with the ownership deed for the entire site. RECOMMENDATION: Staff recommends approval of the requested shared parking agreement, ADM 11-4017. Based on the straightforward nature of the proposal and given the fact that the applicant has filed a master deed for the three parcels, staff does not recommend any conditions. PLANNING COMMISSION ACTION: Required: YES Motion: ❑ Approved ❑ Denied ❑ Tabled Second: Vote: Date: January 9, 2012 Comments: C:IE7TCDevelopment Services Review120111Developmenl Revies011-4017 ADM Northeast Corner of S/L Sh_S. School (Sycamore Lof/s Shared Parkingl)103 Planning Commission101-09-20121Comrnei(s and Redlines January 9, 2012 Planning Commission ADM 11-4017 Sycamore Lofts Ph II Agenda Item 3 Page 2 of 8 Fayetteville Unified Development Code 172.05 Standards For The Number Of Spaces By Use (C) Off-street parking. (1) Motorcycle and scooter parking. In parking lots containing 25 parking spaces or more, one (1) space for every 25 parking spaces of the required number of parking spaces for a use or combination of uses shall be striped as a motorcycle and scooter parking space. (2) Maximum number allowed. Developments may utilize the following increases to the required spaces listed in Table 3 when the following standards are met: (3) (a) Developments may increase the number of off-street parking spaces by 15% above the parking ratios listed in Table 3. (b) Developments may increase the number of off-street parking spaces by an additional 10% when alternative stormwater treatment techniques are utilized, such as: (c) (i) Bioswales (ii) constructed wetlands (iii) pervious pavement (iv) other such techniques that aid in improving water quality and quantity as approved by the City Engineer Developments may increase the number of off-street parking spaces by an additional 5% when one (1), two-inch (2") caliper tree for every 10 additional parking spaces is planted on-site in addition to all other landscaping requirements. Reductions. Developments may utilize the following reductions to the required off-street parking ratios listed in Table 3 when the following standards are met: (a) Transit stops. Properties located within a quarter (0.25) mile radius of a transit stop may further reduce the minimum off street parking requirements by up to fifteen percent (15%). (b) Motorcycle and scooter spaces. Up to 10% of the required automobile parking spaces may be substituted with motorcycle/scooter parking at a rate of one motorcycle/scooter space for one automobile space. (c) Bike racks. Up to 10% of required automobile parking may be substituted with bicycle parking at a rate of one additional bicycle rack for one automobile space. This reduction shall be allowed in addition to other variances, reductions and shared parking agreements. (d) Shared parking. Parking requirementsmay be shared where it can be determined that the peak parking demand of the existing or proposed occupancy occur at different times (either daily or seasonally). Such arrangements are subject to the approval of the Planning Commission. (i) Shared parking between developments. Formal arrangements that share parking between intermittent uses with nonconflicting parking demands (e.g. a church and a bank) are encouraged as a means to reduce the amount of parking required. (ii) Shared parking agreements. If a privately owned parking facility is to serve two or more separate properties, then a "Shared Parking Agreement" is to be filed with the city for consideration by the Planning Commission. (iii) Shared spaces. Individual spaces identified on a site plan for shared users shall not be shared by more than one user at the same time. G:iETCIDevelopment Services Review120111Development Review111-0017 ADM Northeast Corner ofSth S3. School (Sycamore Lofts Shared Parking0103 Planning Con7mission101-09-20121Comments and Redlines January 9, 2012 Planning Commission ADM 11-4017 Sycamore Lofts Ph II Agenda Item 3 Page 3 of 8 City of Fayetteville Planning Staff 113 West Mountain Street RE: SIP Plans for Sycamore Lofts Phase II Dear Commissioners, December 13, 2011 Thank you for your time. The owners of Sycamore Lofts Phase I and II would like to enter into a Shared Property Agreement. Originally, ten bedrooms were built facing Locust Avenue and the pad that currently exists facing 51h Street. The intention was always for these two structures to utilize the existing parking lot between the two. For funding purposes the lots were split, though, and there needs be a shared parking agreement between them. There are also four on -street spaces along Locust and eight on -street spaces along 5`h Street in front of the buildings. Jacobs Newell Company will be completing the building to include 8 units and 1206 square feet of office space. It's currently zoned Downtown General. Respectfully, Evan Niehues, RLA Appian, Inc. 479-200-7057 January 9, 2012 Planning Commission ADM 11-4017 Sycamore Lofts Ph II Agenda Item 3 Page 4 of 8 Shared Parking Agreement '160.117(E)(4): A Shared parking. Formal agreements which share parking between intermittent uses with non -conflicting parking demands (eg. a church and a bank) are encouraged as a means to reduce the amount of parking required Such agreements are subject to the approval of the Planning Commission. Individual spaces identified on a site plan for shared users shall not be shared by more than one user ata time- .7.4S--28707-060 As .4j' -287p7 - As owner(s) of @property located at „Sin" ,n,a„e 1 (we) hereby agree to share parking spaces (as shown on attached site plan) during the following times and days: A ,,11 ells .2.44-}- �S a li / 7. ells a.. uJg4 IC The fol in restrictionsapply: • Required parking la My (our) property requires „ g'spaces upon the City's parking lot ordinance. %The use of my (our) property is and it contains square feet. The applicant's property requires parking spqces based upon thq City's parking lot ordinance. Th use of applicant's property is ICS i 2 11.14 1 and it contains 1 am square feet. at 017'1,6 e_- liLe-41/2)1 f Site Plan Attach a diagram of the entire parking lot. Enumerate spaces to be shared per this agreement. Also indicate any spaces within this lot which are sharreld with other entities. f Lc Lek Owner Signature: ` 1' �w�� � 7 c Date: !P f1 rt l Owner Signature: Date: Applicant Signature: Date: 1 tT ' 3- l' H•IUSERSSCO3 OMPLANMNOIPORMSISHARGPRJGWPD January 9, 2012 -Planning Commission -.— __— ADM 11-4017 Sycamore Lofts Ph II Agenda Item 3 Page 5 of 8 giliVilf V iLS?2,907 ‘,Sg - • / / /S" — K //:— */: 1•/•:- c•C/ cit -- 9 g—si• M - „ _.._ --7—r-9/704-1/1:- /II/ — ; ..../....„.....„--- I ,-,/,,,,,. / .-•;-' . *194 a) ••••-, • . . .. C . IrA 1,11A7..,*3-7 ::— „. saJaboo) ' A.I C " C- 13 3 • 'Ds' • 1 U. Ir4 tAl cz) S ,—••• • • I , ec -0c. ru -" . -lir . .a. i., -a• i •- . sa ' „ i 1 a , .-).•-• • ' 1 I pa -.tic. L • ft— cs, 1,, „i•gc, I .11fl Z J ,- CC ” ACI 3 CO CD: 1-11 -DIZ AC Z In i A A C D i•C - c CI: tt ri,..-•:- ....... trI "Dr C.; • I • • t 1 CO) -.--- I " tIn ..... ___. .c. -.1..z...0... /..ILL/tDrIl 1 X ..g:_< f i 1 1 3.1.Thj i t i 4 ts, a. 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QI i 2 ■ U 4TH ST 5TH ST MSC Legend ••••••••••••• Multi -Use Trail (Existing) ••••••••• Future Trails Fayetteville City Limits DM11-4017 Footprints 2010 Hillside -Hilltop Ov [1:11 Design Overlay Di Design Overlay Di Planning Area IIII ■ MARTIN LUTHEi?unicn_.,.. Dal rlay District trict trict 0 75 150 300 450 600 nary 92012 fanning ommission ABM 1 1-4 17 SyLarnore Lolls Ph 11 571-1 ST Agenda Item 3 Page 7 of 8 ADM11-4017 One Mile View RSF-4 SYCAMORE LOFTS PHASE 11 PROSPECT ST • R'FSPECT vd 6R0 r<OSPECT ST' RSF-4 CRSF-4 RSF4 RSF-4 RSF LOUISE ST CO RSF-0 RSF-4 RSF-4 W_ 4ILA ST RSF-0¢ > c-2 flSF-4 RSF-0to_RSF-4 Y5'I III' ! �1 ft5F-0 _ 10-2 RSF-0 J IC Mp1C RSF-4 MSC RSF-4>> RSF-4 LAS: - _ R aMSQi RSF-4 RPZD RSF4 (()MSCI IIMS RSF-0 SUTTON ST R = RSF-4 pCF-0 Lu RSF-0y RSF-4 Q r o - W W RSF-4 I- RA d K RMF SF -4 8 RSF- RM' -24 RMF -24 ETTLE- IP MF -24 MSC MSC MSC MI ! > DEC MSC M (0 MSC 464 MSC» MSC NSC MSO '©ENTER ST =ViL MSC SO MSC ON ST F-6 RMF -8 SUBJECT PROPERTY ITCH RMF UBLIC 545 RPZO CPZ RA a 1.IC987 (RMF zY�L�H V,q RIAF-241 c3Li PETT\GRE t M Uti ' SeTr$I f uture Trails illside-Hillto Overview 1• Legend Subject Property OADM11-4017 Boundary 0.25 0.5 LJ AMY 11-4017 Eli Design Overlay District Plan ling Area Fayetteville 1 ■ Miies2 Plannin 1 Commission ADM 11-4017 Sycamore Lofts Ph 11 Agenda Item 3 Page 8 of 8