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HomeMy WebLinkAbout2013-11-25 - Agendas - Final Plannine Commission Planning Commissioners Officers Blake Pennington William Chesser Craig Honchell,Chair Ron Autry aTyve ev1ile Ryan Noble Kyle Cook,Vice-Chair Porter Winston Tracy Hoskins Sarah Bunch, Secretary ARKANSAS Draft Agenda City of Fayetteville, Arkansas Planning Commission Meeting November 25, 2013 A meeting of the Fayetteville Planning Commission will be held on November 25, 2013 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 October 28, 2013 meeting. 2. Approval of the minutes from the November 12, 2013 meeting. 3. VAC 13-4533: Vacation (2732 & 2734 WILDWOOD/LEGACY, 363): Submitted by BATES & ASSOCIATES for property located at the 2732 & 2734 WILDWOOD. The property is zoned RMF-24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE and contains approximately 1.15 acre. The request is to vacate a utility and drainage easements. Planner: Quin Thompson New Business: 4. ADM 13-4527: Administrative Item (731 RAZORBACK/PRESTRIDGE, 560): Submitted by RUSTY AND TARA PRESTRIDGE for property located at 731 RAZORBACK ROAD. The property contains approximately 0.73 acres and is zoned 1-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL. The request is for a variance to allow a temporary retail structure to remain on the property for longer than 90 days. Planner: Quin Thompson 5. CUP 13-4535: Conditional Use Permit (1481 W. VAN ASCHE DR./NWA TOWING & RECOVERY, 209): Submitted by AMANDA MANNING for property located at 1481 WEST VAN ASCHE DRIVE. The property contains approximately 2.68 acres and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is to operate a towing facility and impound yard on the property. Planner: Andrew Garner 6. RZN 13-4538: Rezone (RAZORBACK RD./VICTORY COMMONS, 560): Submitted by PARADIGM DEVELOPMENT for property located at RAZORBACK ROAD. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 5.17 acres. The request is to rezone the property to UT, Urban Thoroughfare. Planner: Quin Thompson 7. RZN 13-4536: Rezone (4310 W. MARTIN LUTHER KING BLVD./EDWARDS, 594): Submitted by BATES & ASSOCIATES, INC. for property located at 4310 WEST MARTIN LUTHER KING BOULEVARD. The property contains approximately 4.42 acres and is zoned R-A, Residential Agricultural. The request is rezone the property to C-1,Neighborhood Commercial. Planner: Andrew Gamer 8. ADM 13-4331: (URBAN AGRICULTURE CODE AMENDMENTS): Submitted by SUSTAINABILITY & STRATEGIC PLANNING staff. This request is to amend Chapters 151, 162, 163 and 164 to modify regulations associated with Animals and Fowl, and Urban Agriculture. Staff: Peter Nierengarten STAFF RECOMMENDS TABLING THIS ITEM UNTIL THE DECEMBER 9, 2013 PLANNING COMMISSION MEETING. The following item has been approved administratively by staff.• LSP 13-4537: Lot Split (CORNER N. HAZELTINE DR. & W. WINTER EVEING PL./HOSKINS, 361): Submitted by BATES & ASSOCIATES for property located at the CORNER OF NORTH HAZELTINE DRIVE AND WEST WINTER EVEING PLACE. The property contains approximately 0.50 acre and is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE. The request is for a lot split resulting in three tracts of approximately 0.17, 0.18, and 0.14 acres. Planner: Quin Thompson 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 cellphones 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. MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on October 28, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: October 14,2013 Approved Page 3 VAC 13-4516: Vacation (BRENDA DRIVE, COURT STREET, WALTON STREET, ALLEY/UNIVERSITY OF ARKANSAS,482): Page 3 Approved New Business: ADM 13-4512: Administrative Item (WEDINGTON DRIVE AND SALEM ROAD/FOREST HILLS PZD MODIFICATION TO PLANNING AREA 2, 440): Page 4 Forwarded ADM 13-4513: Administrative Item (WEDINGTON DRIVE AND SALEM ROAD/FOREST HILLS PZD MODIFICATION TO PLANNING AREA 5,440): Page Forwarded ADM 13-4539: Administrative Item (4732 CASTLEWOOD LN,99): Page 6 Denied CUP 13-4514: Conditional Use Permit(1728 E. MISSION BOULEVARD/FAIRVIEW MEMORIAL CEMETERY,370): Page 7 Approved CUP 13-4519: Conditional Use Permit(2070 N. GARLAND AVENUE/CHILD CARE CENTER, 174): Page 8 Approved ADM 13-4510 Administrative Item (CHAPTER 166.08 ACCESS MANAGEMENT). Page 10 Forwarded ADM 13-4529: Administrative Item (PLANNING AREA BOUNDARY): Page 11 Forwarded Planning Commission November 25,2013 Agenda Item 1 10-28-13 Minutes Page 1 of 12 MEMBERS PRESENT MEMBERS ABSENT Blake Pennington Kyle Cook Ryan Noble Craig Honchell Ron Autry Tracy Hoskins Porter Winston William Chesser Sarah Bunch STAFF PRESENT Andrew Garner Jesse Fulcher Quin Thompson CITY ATTORNEY Kit Williams, City Attorney 5:30 PM—Porter Winston called the meeting to order. Porter Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Kyle Cook were present. Planning Commission November 25,2013 Agenda Item 1 10-28-13 Minutes Page 2 of 12 Consent. Approval of the minutes from the October 14,2013 meeting. VAC 13-4516: Vacation (BRENDA DRIVE, COURT STREET, WALTON STREET, ALLEY/UNIVERSITY OF ARKANSAS,482): Submitted by DEVELOPMENT CONSULTANTS,INC.for properties located at WEST OF RAZORBACK ROAD AND NORTH OF CENTER STREET.The request is to vacate the right-of-way of Brenda Drive, Court Street, Walton Street, and a 30-foot wide alley off of Betz Drive. Motion: Commissioner Chesser made a motion to approve the consent agenda. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission November 25,2013 Agenda Item 1 10-28-13 Minutes Page 3 of 12 New Business: ADM 13-4512:Administrative Item(WEDINGTON DRIVE AND SALEM ROAD/FOREST HILLS PZD MODIFICATION TO PLANNING AREA 2,440): Submitted by MORRISON SHIPLEY ENGINEERS for property located in the Forest Hills Development at Wedington Drive and Salem Road. The property is zoned R-PZD FOREST HILLS.The request is to modify the zoning criteria for Planning Area 2 to change the density and use. Jesse Fulcher, Senior Planner,read the staff report. Sammi May, applicant, stated she agreed with the conditions. No public comment was presented. Commissioner Chesser stated he understood the need for the change. Motion: Commissioner Chesser made a motion to forward ADM 13-4512 with a recommendation for approval. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission November 25,2013 Agenda Item 1 10-28-13 Minutes Page 4 of 12 ADM 13-4513:Administrative Item(WEDINGTON DRIVE AND SALEM ROAD/FOREST HILLS PZD MODIFICATION TO PLANNING AREA 5,440): Submitted by MORRISON SHIPLEY ENGINEERS for property located in the Forest Hills Development at Wedington Drive and Salem Road. The property is zoned R-PZD FOREST HILLS.The request is to modify the zoning criteria for Planning Area 5 to change the density and layout Jesse Fulcher, Senior Planner,read the staff report. Sammi May, applicant, stated she agreed with the conditions. No public comment was presented. Commissioner Chesser stated he was sorry to see the townhouse concept go,but appreciated the increased tree preservation area. Motion: Commissioner Chesser made a motion to forward ADM 13-4513 with a recommendation for approval. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission November 25,2013 Agenda Item 1 10-28-13 Minutes Page 5 of 12 ADM 13-4539: Administrative Item (4732 CASTLEWOOD LN, 99): Submitted by BLEW AND ASSOCIATES for property located at 4732 CASTLEWOOD LANE. The property is zoned R-O,Residential Office and contains approximately 0.58 acres. The request is for a variance of the 15-foot greenspace requirement between the street right-of-way and parking lot. Quin Thompson, current Planner, read the staff report. Mike Parker,Applicant, explained his reasons for the request, and offered to answer questions. No public comment was presented. William Chesser, Commissioner, said that he felt that the request was the very definition of a `sefl-imposed' hardship, and that he could not support the request. Porter Winston,Commissioner,noted that a request to add more landscape area than required had been granted (CVS Pharmacy) recently in exchange for reduced landscape requirement in certain areas. Indicated that he would not support staff recommendation. Tracy Hoskins,Commissioner,cited reasons he felt the CVS Pharmacy request was substantially different and met the test for `hardship.' Craig Honchell, Commission Chair, asked staff if the parking and site layout was feasible and safe. Thompson replied that in staff opinion it was neither feasible nor safe as proposed. Motion#1: Commissioner Chesser made a motion to deny ADM 13-4539. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 6-2-0. (Commissioners Winston and Autry voting `no'). Planning Commission November 25,2013 Agenda Item 1 10-28-13 Minutes Page 6 of 12 CUP 13-4514: Conditional Use Permit(1728 E.MISSION BOULEVARD/FAIRVIEW MEMORIAL CEMETERY, 370): Submitted by RAYMOND SMITH for property located at 1728 E. MISSION BOULEVARD.The property is zoned R-A RESIDENTIAL AGRICULTURAL and contains approximately 28.13 acres.The request is for a conditional use permit to bring the existing cemetery into compliance and for construction of a new columbaria. Quin Thompson, current Planner, read the staff report. Mr. Smith, attorney for applicant, explained the request. Public comment: Linda Pirtle, neighbor, expressed concerns about materials and garbage stored at the site. No more public comment was presented. Andrew Garner, Planning Director, said that he felt that if any issue concerning garbage would be a code violation and not relevant to the specific item(CUP) on the table. Scott Berna, owner, said that he does store dirt in the location described by Ms. Pirtle, as well as building supplies related to the proposed columbarium project. William Chesser, Commissioner, stated that he felt the project would benefit from a re-zone to bring the business into zoning conformance. Thompson stated that cemetery use required Conditional Use Approval in all zones. [Note:This last statement is incorrect.Cemetery use does not require CUP in all zones,and is allowed wherever Use Unit 4 is allowed by right. A Re-zone is therefore possible if the applicant requests one.] Motion: Commissioner Chesser made a motion to approve CUP 13-4514. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission November 25,2013 Agenda Item 1 10-28-13 Minutes Page 7 of 12 CUP 13-4519: Conditional Use Permit(2070 N. GARLAND AVENUE/CHILD CARE CENTER, 174): Submitted by MARSHA BILDERBACK for property located at 2070 N. GARLAND AVENUE. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 4.10 acres. The request is for a conditional use permit to allow a child care facility(Use Unit 4). Andrew Garner, Senior Planner, gave the staff report. Marsha Bilderback, applicant,was present for questions. Public Comment: Zara Thomas owns 15 acres next to this. They haven't been to my house. I don't approve of them taking over. No more public comment was presented. Commissioner Winston asked the applicant about the number of employees. Marsh Bilderback discussed that they may need to get more employees in the future. ? Thomas, son of the adjacent property owner that just spoke,indicated that his dad is concerned with the maintenance of the driveway to his property that the church can use. Commissioner Winston asked about improvements to the private drive. Garner discussed concern that the size and impact of this daycare in the church did not meet the rough proportionality test of improvements to the driveway, in his opinion. Commissioner Hoskins asked the applicant about traffic flow using the private drive. Marsh Bilderback, applicant, discussed that she is not sure how many people use the private drive. Commissioner Chesser stated that he felt the private road needed consideration. Maybe we should take a look at the road in a year and see if there has been enough damage to warrant improvements. Commissioner Autry asked Mr. Thomas if he has reported damage to the roadway because of the church. Mr. Thomas indicated there have been no reports of damage. Motion#1: Commissioner Chesser made a motion to add condition of approval #7 to CUP 13-4519 stating that the applicant shall return to the commission in a year for review of the condition of the gravel road adjacent to the north property line of the church. Commissioner Winston seconded the motion. Planning Commission November 25,2013 Agenda Item 1 10-28-13 Minutes Page 8 of 12 Commissioner Autry discussed that if we require the church/daycare to improve this private gravel drive we are saying there is a problem when there is not really one. There have been no reports of complaints or damage to the driveway in 40 years of the adjacent property owner living there. Commissioner Pennington discussed that there is more use on the church side of things than the day care, and we could have asked for road improvements when the church received their recent conditional use permit Upon roll call the motion failed with a vote of 2-6-0. (Commissioners Hoskins,Pennington, Honchell, Bunch,Noble and Autry voting `no'). Motion#2• Commissioner Winston made a motion to add condition of approval #7 to CUP 13-4519 stating that the applicant shall place a sign inside the daycare business directing customers to use the paved driveway and not the gravel driveway. Commissioner Chesser seconded the motion. Upon roll call the motion failed with a vote of 2-6-0(Commissioners Hoskins, Pennington,Honchell, Bunch, Noble and Autry voting `no'). Motion#3: Commissioner Chesser made a motion to approve CUP 13-4519 with conditions as recommended by staff. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 7-1-0. (Commissioner Winston voting `no').Note: the applicant clarified during the meeting that the project description should be changed slightly to allow for the number of employees to be expanded beyond two as needed to account for increased demand. Planning Commission November 25,2013 Agenda Item 1 10-28-13 Minutes Page 9 of 12 ADM 13-4510 Administrative Item (CHAPTER 166.08 ACCESS MANAGEMENT). Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapter 166.08. The proposal is to amend block layout and connectivity requirements. Jesse Fulcher, Senior Planner, discussed the amended language provided by the City Attorney. Kit Williams, City Attorney, read the new language to the commission. Commissioner Pennington stated he supported the new language, had concern with the"tunnel"being created along some streets that are lined with fences. Commissioner Chesser stated he was in favor of the ordinance at the last meeting and likes the new language that's been added. Motion#1: Commissioner Pennington made a motion to amend the language in ADM 13-4510 for double-frontage lots as proposed and distributed by the City Attorney. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Motion#2: Commissioner Chesser made a motion to forward ADM 13-4510 to City Council with a recommendation for approval with the language as amended in Motion#1. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission November 25,2013 Agenda Item 1 10-28-13 Minutes Page 10 of 12 ADM 13-4529: Administrative Item (PLANNING AREA BOUNDARY): Submitted by City Staff for revisions to the Planning Area boundary map to be consistent with recent changes in state statute. Jeremy Pate,Development Services Director, discussed the changes to the Planning Area boundary. Motion: Commissioner Chesser made a motion to forward ADM 13-4529 to City Council with a recommendation for approval. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. There being no further business, the meeting was adjourned at 8:25 PM. Planning Commission November 25,2013 Agenda Item 1 10-28-13 Minutes Page 11 of 12 Planning Commission November 25,2013 Agenda Item 1 10-28-13 Minutes Page 12 of 12 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on November 12,2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent. ADM 13-4528: Administrative Item (112 W. BOLES ST./OLD BUILDING,484): Page 3 Approved ADM 13-4541: Administrative Item (4520 N CROSSOVER/NELSON-BERNA,99): Page 3 Approved New Business: ADM 13-4526: Administrative Item (617 N. COLLEGE AVE./MGB PHOTO,445): Page 4 Approved CUP 13-4507: Conditional Use Permit(1923 E.JOYCE BLVD.BUTTERFIELD TRAIL VILLAGE, 175): Pages Approved LSD 13-4490: Large Scale Development(1923 E.JOYCE BLVD./BUTTERFIELD TRAIL VILLAGE, 175): Page 6 Approved CUP 13-4522: Conditional Use Permit(3399 W.BLACK FOREST DR./NW MEDICAL CLINIC, 440): Page 7 Approved LSD 13-4523: Large Scale Development(3399 W. BLACK FOREST DR./NW MEDICAL CLINIC, 440): Page 8 Approved RZN 13-4520: Rezone(S. OF MARTIN LUTHER KING BLVD.AND EAST OF S. BEECHWOOD/EATON, 560): Page 9 Forwarded RZN 13-4521: Rezone(2468 N. CROSSOVER RD./LYNWOOD ESTATES,294): Page 10 Denied Planning Commission November 25,2013 Agenda Item 2 11-12-13 Minutes Page 1 of 10 MEMBERS PRESENT MEMBERS ABSENT William Chesser Blake Pennington Ryan Noble Sarah Bunch Craig Honchell Porter Winston Ron Autry Tracy Hoskins Kyle Cook STAFF PRESENT Andrew Garner Jesse Fulcher Quin Thompson Glenn Newman CITY ATTORNEY Kit Williams, City Attorney 5:30 PM— Tracy Hoskins called the meeting to order. Tracy Hoskins requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Pennington,Bunch, and Winston were present. Planning Commission November 25,2013 Agenda Item 2 11-12-13 Minutes Page 2 of 10 Consent. ADM 13-4528: Administrative Item (112 W. BOLES ST./OLD BUILDING, 484): Submitted by OLD BUILDINGS,LLC for property located at 112 W.BOLES STREET.The property contains approximately 0.08 acres and is zoned NC,NEIGHBORHOOD CONSERVATION. The request is a variance to allow a curb-cut variance. ADM 13-4541: Administrative Item (4520 N CROSSOVER/NELSON-BERNA, 99): Submitted by ENGINEERING SERVICES, INC. for property located at 4520 N. CROSSOVER ROAD. The property contains approximately 3.07 acres and is zoned R-O,RESIDENTIAL OFFICE.The request is for a variance of the Access Management Ordinance. Motion: Commissioner Chesser made a motion to approve the consent agenda. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission November 25,2013 Agenda Item 2 11-12-13 Minutes Page 3 of 10 New Business: ADM 13-4526: Administrative Item (617 N. COLLEGE AVE./MGB PHOTO, 445): Submitted by MALLORY BERRY for property located at 617 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acres and is zoned C-2,THOROUGHFARE COMMERCIAL.The request is for a variance to allow a temporary retail structure (airstream trailer)to remain on the property for longer than 90 days. Quin Thompson, Current Planner, read the staff report. Mallory Berry, Applicant,was present to answer questions. No public comment was presented. Tracy Hoskins,Commissioner, said, in response to staff's assertion that location was not an important factor when clients select a wedding or portrait photographer,that if location is not important then it would not hurt the business to relocate. He asked the applicant if she had any intention to move into a `permanent' location. Malory Berry stated that she had no such intention, that the airstream trailer was an important part of her `brand' in an oversaturated market. She stated that her only plans to relocate were a move to Chicago in a few years. Hoskins said that this was a case of`perpetual renewal' of a mobile business and that he could not support the variance. Motion: Commissioner Cook made a motion to approve ADM 13-4526. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 5-1-0. (Commissioner Hoskins voted "no".) Planning Commission November 25,2013 Agenda Item 2 11-12-13 Minutes Page 4 of 10 CUP 13-4507: Conditional Use Permit (1923 E. JOYCE BLVD./BUTTERFIELD TRAIL VILLAGE, 175): Submitted by CRAFTON TULL for property located at 1923 EAST JOYCE BOULEVARD. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 9.26 acres. The request is for a conditional use permit to allow an Assisted Living Facility(Use Unit 4), in a RMF-24 zoning. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Diego Garcia, applicant, was present. Motion: Commissioner Chesser made a motion to approve CUP 13-4507. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission November 25,2013 Agenda Item 2 11-12-13 Minutes Page 5 of 10 LSD 13-4490: Large Scale Development(1923 E.JOYCE BLVD./BUTTERFIELD TRAIL VILLAGE, 175): Submitted by CRAFTON TULL for property located at 1923 EAST JOYCE BOULEVARD. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 9.26 acres. The request is to build a fitness center and assisted living center with associated parking. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Diego Garcia, applicant, was present. Commissioner Hoskins asked the applicant if the tree next to the building had been preserved as requested by the Urban Forester. Garcia stated that the plans had been modified to preserve the tree. Motion: Commissioner Chesser made a motion to approve LSD 13-4490. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission November 25,2013 Agenda Item 2 11-12-13 Minutes Page 6 of 10 CUP 13-4522: Conditional Use Permit(3399 W.BLACK FOREST DR./NW MEDICAL CLINIC,440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 3399 WEST BLACK FOREST DRIVE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 1.83 acres. The request is for parking above the maximum allowed by UDC. LSD 13-4523:Large Scale Development(3399 W.BLACK FOREST DR./NW MEDICAL CLINIC,440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 3399 WEST BLACK FOREST DRIVE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 1.83 acres.The request is to build 13,477 sq.ft.medical clinic with associated parking. Andrew Garner,City Planning Director, gave the staff report for both CUP 13-4522 and LSD 13-4523. Sammi May, applicant,was present for any questions and agreed with all conditions. No public comment was presented on either CUP 13-4522 or LSD 13-4523. Commissioner Hoskins if they agreed to not only attempt to preserve the tree in the parking lot island but mitigate for its potential loss. Sammi May, applicant, stated, yes,they have included the mitigation trees on their plan. Commissioner Hoskins discussed that they have gone above and beyond what is required. Commissioner Chesser stated agreement with Commissioner Hoskins and asked about shared parking with Wal-mart. Garner discussed that the applicant had already indicated that Wal-mart is not willing to share any parking spaces with them. Motion for CUP 13-4522: Commissioner Chesser made a motion to approve CUP 13-4522 with all conditions as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Motion for LSD 13-4523: Commissioner Chesser made a motion to approve LSD 13-4523 with all conditions as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-0- 0. Planning Commission November 25,2013 Agenda Item 2 11-12-13 Minutes Page 7 of 10 RZN 13-4520: Rezone(S. OF MARTIN LUTHER KING BLVD.AND EAST OF S. BEECHWOOD/EATON, 560): Submitted by JORGENSEN&ASSOCIATES for property located SOUTH OF MARTIN LUTHER KING BOULEVARD AND EAST OF SOUTH BEECHWOOD. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 12.48 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Quin Thompson, Current Planner, read the staff report. No public comment was presented. Tracy Hoskins, Commissioner, said that in his opinion this was the perfect zone in the perfect place. Kyle Cook, Commissioner, concurred with Hoskins. Motion: Commissioner Hoskins made a motion to forward RZN 13-4520 to City Council. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission November 25,2013 Agenda Item 2 11-12-13 Minutes Page 8 of 10 RZN 13-4521: Rezone (2468 N. CROSSOVER RD./LYNWOOD ESTATES,294): Submitted by BEN ISRAEL for property located at 2468 NORTH CROSSOVER ROAD. The property is zoned RSF-2, RESIDENTIAL SINGLE-FAMILY,2 UNITS PER ACRE and contains approximately 4.66 acres. The request is rezone the property to RSF-8,RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. Andrew Garner, City Planning Director, gave the staff report. Ben Israel, applicant, gave background for the request. Public Comment: Fanny Long, POA president for Edenbrook. Discussed that Mr. Jones request says 26 homes, however the drawing he showed them shows only 17. We do not know what will happen there. The fronts of the homes are only 30 feet back from Crossover Road. The proposed internal street is too tight for emergency vehicles. She discussed problems with the layout of the Hickory Park subdivision across the street. She discussed concerns with the median being in Crossover Road allowing only right turns causing u-turns at Township or a turnaround in their private drive. She has concerns that this type of development will not attract buyers at$400,000.00 per house when you can buy the same house for$220,000.00 on Zion Road. This is speculative and does not fit in to the neighborhood, and is not marketable. Leslie Camron, lives in Hickory Park. She discussed that just because the developer wants the zoning does not mean the City owes it to them. She discussed that the existing zoning is appropriate and he can do what he wants for what it is zoned for. Ann Rose Bailey, lives on the west side across from the rezoning. I hope you listen to the citizens and vote against this request. Brian Runnels, read a quote about zoning. He discussed the surrounding lot size, compaction from this development on his property, and that he would hate to lose his big trees. Jerry Jones, owner/applicant, discussed the development pattern across from Park Place on Mission Boulevard with a mix of uses including duplexes and apartments next to the larger homes. I don't see things run down over there, the property values haven't gone down. It is an easy flowing highway now. We are looking to construct 16-17 units. This is a more compatible single family home. I don't understand traffic concerns,right turns from this development will be safe. We are trying to make the land marketable. Caleb Critite (sp?),president of the Hickory Park subdivision. He read the purpose statement in the RSF- 8 zoning. He lives directly across from the proposal. This is more appropriate in a downtown area. I don't know what will go there. He does not think RSF-8 fits this side of town. Dennis Bailey, lives in Hickory Park. He discussed challenges with the design of the Hickory Park subdivision such as 18 wheelers blocking the road and issues with trash people. This is not ideal planning or design. This will be rental houses. He discussed the duplexes across the street from Butterfield Elementary school that are now a slum. He discussed concerns with trucks and noise. There are problems here. Vote against this. Planning Commission November 25,2013 Agenda Item 2 11-12-13 Minutes Page 9 of 10 No more public comment was presented. Commissioner Hoskins discussed driveway points and internal streets and various development scenarios. He discussed design and access management. There would be no conflicting turning movements. Compatibility is not the same as identical, this is compatible. He discussed the density of Hickory Park and this potentially being a similar density. He discussed the Guiding Principles of City Plan 2030. I don't see this negatively affecting the surrounding property. High density will buffer the property to the east. I will support this. Commissioner Chesser agreed with Commissioner Hoskins. This is consistent with City Plan 2030. We need to increase density in order to meet our City goals. Commissioner Honchell discussed that he cannot support this. He discussed concerns with the purpose statement of the RSF-zoning. RSF-2 zoning is appropriate, and maybe a maximum zoning should be RSF-4 here. We are creating a u-turn hazard and there is a stacking problem at Township. His primary concern is safety. Commissioner Autry agreed with Commissioner Honchell. He also discussed the definition of RSF-8 and his concern with it. He agreed with residents in the area. Garner gave background of the RSF-8 zoning and discussed the purpose statement that was read and discussed that this is not a problem legally or from a planning perspective to apply the RSF-8 zoning outside of downtown, and it has been applied in other subdivisions outside of downtown. Commissioner Hoskins asked about staff's concerns with density in this location and access to Crossover Road. Garner discussed that staff is not concerned that the zoning would be overly dense and that access would be limited through our access management and reviewed in detail at the time of development.. Kit Williams, City Attorney, discussed his concerns with multiple driveways onto Crossover Road from this development and the access management ordinance. Commissioner Hoskins discussed that because of the multiple driveway issues he will not support it and might suggest a PZD. Motion: Commissioner Chesser made a motion to forward RZN 13-4521 to City Council with a recommendation for approval. Commissioner Hoskins seconded the motion. Upon roll call the motion failed with a vote of 1-5-0. (Commissioners Autry,Hoskins,Honchell, Cook, and Noble voted "no".) There being no further business, the meeting was adjourned at 6:56 PM. Planning Commission November 25,2013 Agenda Item 2 11-12-13 Minutes Page 10 of 10 • Taye evl e PC Meeting of November 25, 2013 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner THRU: Andrew Garner, City Planning Director DATE: November 19, 2013 VAC 13-4533: Vacation (2732 & 2734 WILDWOOD/LEGACY, 363): Submitted by BATES & ASSOCIATES for property located at the 2732 & 2734 WILDWOOD. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 1.9 acres. The request is to vacate a utility and drainage easements. Planner: Quin Thompson Findings: Background: The property was originally platted as Lot 6 in the Pine Valley Sub-division. Multiple attempts to develop the property have been abandoned in recent years by different developers, including a multi-family residential project, a replat, a lot split, and a pair of variance requests, since 2000. A lot split was approved earlier this year(PLA LSP 13-4388,) dividing the property into three building lots. Property Description: The subject property is located at 2732 W. Wildwood Drive, is currently zoned RMF-24, Residential Multi-family, and contains approximately 1.9 acres. A substantial amount of the rear of the subject property lies within designated floodplain. The entire build-to-zone (front) of all three lots is encompassed with a 27-foot utility easement adjacent to the street and a substantial portion of two of the lots is protected by an existing tree preservation easement. Surrounding land use is depicted below in Table 1. Table 1 Surrounding Land Use/Zonin Direction from Land Use Zoning Site North Undeveloped RSF-4, Single-Family Residential, 4 Units per Acre South Residential RMF-24, Multi-Family Residential East Industrial 1-1, Heavy Commercial-Light Industrial West Residential RMF-24, Multi-Family Residential G:\ETC\Development Services Review\2013\Development Review\13-0533 VAC 2732&2734 Wildwood(Legacy)\03 Planning Commission\I1-25-2013\Comments and Redlines Planning Commission November 25,2013 Agenda Item 3 VAC134533 Legacy Page 1 of 14 Request: The applicant's request is to vacate a general utility and drainage easement as shown in the submitted exhibit. Easement Vacation Approval: The applicant has submitted the required right-of-way vacation forms to the City Utilities Departments, franchise utilities, and adjacent property owners with no objections., however no response has been provided from AT&T. Public Comment: No public comment has been received. Recommendation: The existing easement was made redundant by the lot split approved earlier this year where other casements for development were dedicated. Staff recommends forwarding VAC 13-4533 to the City Council with a recommendation for approval with the following conditions: 1. Any relocation or damage to any existing utility facilities shall be repaired at the property owner's expense. 2. The agenda request for this item will not be submitted until the applicant provides City Planning Staff the written permission form from AT&T. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: O Forwarded O Denied O Tabled Date: November 25,2013 Motion: Second: Vote: Notes: GAETCOevelopment services Review\20131Development Review\13-4533 VAC 2732&2734 Wildwood(Legacy)\03 Planning Commission\I1-25-2013\Commentsand Redlines Planning Commission November 25,2013 Agenda Item 3 VAC134533 Legacy Page 2 of 14 LEGACY VENTURES,LLC P.O. BOX 8216 FAYETEVILLE,AR 72703 City of Fayetteville City Council City of Fayetteville Planning Commission 125 West Mountain Street Fayetteville, Arkansas 72701 October 16, 2013 Fayetteville City Council and Fayetteville Planning Commission: Please accept this letter as a petition to vacate the existing drainage and utility easement located between lots 6A and 6B in the Pine Valley Addition Phase V to the City of Fayetteville. We currently own both lots abutting this drainage and utility easement and to my knowledge it is no longer needed with the proposed development strategy. We have received approval for a lot splittlot line adjustment and ultimately the construction of three duplex homes on the subject property of 1.91 acres. I have attached a survey showing the lot boundaries, as well as, our site plan illustrating the location and layout of the future improvements. The engineered site plan/grading plan takes into account all drainage in and around our planned improvements. Furthermore, there are no utilities currently located in this easement. We are proposing to vacate the existing easement; however, are dedicating another such easement approximately twenty feet to the east. The proposed easement is the same width but extends to the north approximately 30 feet further than the existing easement on record. The proposed easement will be dedicated when the lot split/lot line adjustment plat is filed. In the event of any future use or need for an easement in this location it will be available. The easement we are seeking to be abandoned and vacated is more completely described as follows: (Legal Description of area to be vacated) The abutting real estate affected by said abandonment of the drainage and utility easement is limited to lots 6A and 6B in the Pine Valley Addition Phase V to the City of Fayetteville. We respectfully request that the City of Fayetteville Planning Commission and City Council vacate the above described drainage and utility easement and allow it to be relocated to the east per the attached plat. This will allow us the opportunity to construct improvements consistent with the current development pattern in this area. Thank you for consideration of our request. Sincerely, i Tim Brisiel Ip LEGA YVENnMES Planning Commission November 25,2013 Agenda Item 3 VAC134533 Legacy Page 3 of 14 5 � v t � I � 1 I~�nl ImP ip r mN � i H N i O WIN 19 112 _ _ 71 _!T^ r 50 e LEGEND "` o d ° 9" " nle lai r�u r�nvnnl 0 LEGACY VENTURES +u, BatesAssoCITY OF FATETTBWLL6 WASNINOTON COUNTY• ARKANSAS E�Inxrinp�- SurveylnB LantluppeNchNeNure Cg.)LTII ITI ,.II IT vI W,LoI, merN�, W ll,u .. x4.i SiLYIN. v oA IE:ID/Is 1� sGdE I'•A50' �... . . N Inlrvry 111111 LOCATION- SDFbE4E0_ I11i AiTEO !1 S'oe1PLTru rnlNr PINE VAL EY xY. Dr ADDI TID`I REbiEWEO: DL '-Pla ning Commission ovember 25,2013 Agenda Item 3 VAC134533 Legacy Page 4 of 14 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 10/1612013 UTILITY COMPANY: AEP/SWEPCo APPLICANT NAME- Legacy Ventures,LLC Tim 13mel gpp C a NT pg0 479-7903315 REQUESTED VACATION(applicant must check all that apply): ❑ Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following(alley,easernent,right-of-way),described as follows: General location/Address(referring to attached document-must be completed") 273212734WildwoodInthe Pine Valley Subdivision Phase V (ATTACH legal description and graphic representation of what is being vacated-SURVEY) 7COMPANY COMMENTS: No objections to the vacation(s)described above. ❑ No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) ❑ No objections provided the following conditions are met: Tlguat06 of Utility Company Reof esentative Title - - August 2011 Page 5 Planning Commission November 25,2013 Agenda Item 3 VAC134533 Legacy Page 5 of 14 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 10/1612013 UTILITY COMPANY: Cox Communications APPLICANT NAME: Legacy Ventures,LLC Tim Brisiel APPLICANT PHONE 479-700.3315 REQUESTED VACATION(applicant must check 1 that apply): 7 Utility Easement n Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. 1J Alley ❑ Street right-of-way I have been notified of the petition to vacate the following(alley, easement,right-f-way),described as follows: General location I Address(referring to attached document-must be completed**) �* 273212734 Wildwood in the Pine Valley Subdivision Phase V (ATTACHlegal description and graphic representation of what is being vacated-SURVEI9 UTILITY COMPANY COMMENTS: J No objections to the vacation(s)described above. ❑ No objections to Ilse vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) I No objections provided the fallowing conditions are met: Any damae to or relocation of existine facilities will be at the owners/developers request. Signature of Utility Company Repr6s tative Construction Planner III NWA Title AuOvsf 2012 Page 5 Planning Commission November 25,2013 Agenda Item 3 VAC134533 Legacy Page 6 of 14