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HomeMy WebLinkAbout2016-09-26 - Minutes - Final Planning Commission September 26, 2016 5:30 PM 113 W. Mountain, Room 219 Members: Kyle Cook (Chair), Ron Autry (Vice Chair), Matthew Hoffman (Secretary), Tracy Hoskins, Janet Selby, Ryan Noble, Tom Brown, Leslie Belden, and Allison Thurmond Quinlan. Call to Order: 5:30 PM, Kyle Cook In Attendance: Members: Kyle Cook (Chair), Ron Autry (Vice Chair), Matthew Hoffman (Secretary), Tracy Hoskins, Janet Selby, Tom Brown, Leslie Belden, Ryan Noble, and Allison Thurmond Quinlan. Staff: Andrew Garner, Jonathan Curth, Quin Thompson, Harry Davis, and Ken Eastin City Attorney: Kit Williams Consent Agenda: 1. Approval of the minutes from the September 12, 2016 meeting. 2. ADM 16-5597: Administrative Item (2903 E. ZION RD./SOUP SHACK-1 YR. MOBILE VENDOR, 138): Submitted by LEE EVANS for property located at 2903 E. ZION RD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.17 acres. The request is for a one year mobile food vendor permit. 3. ADM 16-5595: Administrative Item (S. END OF POWDERHORN DR./MTN. RANCH PH. III PPL AMENDMENT, 478): Submitted by CITY STAFF for property located at the S. END OF POWDERHORN DR. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL, RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE, CS, COMMUNITY SERVICES, AND NC, NEIGHBORHOOD CONSERVATION and contains approximately 101.70 acres. The request is to amend PPL 15- 5236 to remove the condition of approval requiring payment for the Persimmon St./I-49 overpass. Motion: Commissioner Hoffman made a motion to approve the consent agenda. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. 2 Old Business: 4. PPL 16-5447: Preliminary Plat (NW OF WEDINGTON DR. & HERITAGE AVE./WOODRIDGE HOLLOW SD, 397): Submitted by ENGINEERING SERVICES, INC. for properties located NW OF WEDINGTON DR. & HERITAGE AVE. The properties are zoned RSF- 4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 60.24 acres. The request is for 163 single-family lots. Jonathan Curth, Senior Planner: Gave the staff report. Ken Eastin, Parks Planner II: Provides an overview of the modified parkland proposal. Notes that the new proposal does not have street frontage, and still largely consists of areas of significant slope. Moves on to outline the most pertinent parkland dedication criteria adopted by the Parks Department, including that parkland shall have street frontage and not require significant maintenance. Jason Appel, Engineering Services, Inc., Applicant's Representative: The intent of the new proposal was to incorporate the proposed 30-foot access easement in to the proposed parkland. Public Comment: Wade Colwell, Parks and Recreation Advisory Board Member: Goes in to the background of the adjacent Bundrick Park and how the Parks Department was striving to move away from pocket parks because of their difficulty to maintain. Notes that despite the goal to add on to Bundrick Park, the terrain and nature of the neighboring land makes that largely unfeasible. The Parks Board hoped that some of the POA land not intended for dedication be dedicated to facilitate the construction of a trail. Also comments that the land will likely remain unused no matter what, and will remain in its natural state. Understands that there is not currently a lot of parkland on the west side of Fayetteville at the time of Bundrick Park's creation, but that has since changed. No more public comment was presented. Matthew Hoffman, Commissioner: Appreciates the mention of the parkland dedication criteria by staff, and agrees that any parkland accepted needs street frontage. Cannot support the dedication of the proposed parkland without there being any street frontage. With regards to the southern of the two dean-end cul-de-sacs, questions staff as to what options the developer has, and would it just create a long, winding road. Andrew Garner, Planning Director: Confirms that this may be the case although other design options could have been pursued. A stub-out to the west is an option and would likely meet the code. Hoffman: States that he would support this as an alternative to a dead-end cul-de-sac. Tracy Hoskins, Commissioner: Seeks clarification from staff regarding the specifics of a potential stub-out cul-de-sac that would allow a similar lot layout, but could tie in to the west at a later date. Requests that staff brings up the proposed alternatives. Questions the need and specifics about street frontage requirements for parkland dedication. Eastin: Notes that there are no requirements in that regards. 3 Hoskins: Notes that frontage is being required, but without a minimum requirement, any may suffice. Eastin: What is shown is an access easement, which may or may not be considered park frontage on the street. Hoskins: Questions whether the access easement would be acceptable and whether it needs to be deeded. Eastin: A deeded access is preferred, but a narrow one is uninviting. Hoskins: Request to speak to the applicant for clarification on the proposed alternatives. Appel: Describes the modifications made for both alternatives with one having a private lot for development. Hoskins: Questions what is the intent of the proposed POA property. Appel: It is meant to be maintained area by the POA with access from the south. Hoskins: Questions whether it is better to keep the land private as POA land and pay the parkland in-lieu fee, or dedicate the POA land as parkland. Notes that it may be more palatable for the Parks Department and may result in Parks credits. Appel: Requests clarification on what the Parks credit is. Eastin: Anything above and beyond the required dedication can be given as a credit towards future development. Appel: Asks whether Commissioner Hoskins is proposing a dedication of all the land. Hoskins: Clarifies that he is not proposing it, but is suggesting the applicant may propose this to their client. Appel: Notes that the developer could not attend the meeting, and that their current proposal is what they would like to move forward with. Ron Autry, Commissioner: Requests the dollar amount of the payment in-lieu. Eastin: Provides the dollar amount of approximately $140,000 calculated at the time of the Parks and Recreation Board, but notes that this may change. Autry: Notes that this is not the first time that a subdivision has been proposed here, and that he would prefer not to table the item again over a parkland dedication that may or may not be viable. Is comfortable with moving forward to a vote. Kit Williams, City Attorney: Clarifies that the only reason to not accept parkland is that it is not usable. There is a lot of evidence to support a decision if the Commissioners want to vote. Tom Brown, Commissioner: Brings up the guiding principles of the Parks Master Plan to preserve open space, and queries what the Parks Department feels about using this sort of 4 opportunity to gain open space for preservation that is adjacent to an existing park. Seeks guidance in understanding whether preserving open space and areas in the Enduring Green Network are part of the parkland dedication acceptance process. Eastin: Notes that open space is highly valuable, but the consideration here is that the active needs of the Parks system has increased parallel to Fayetteville's growth. Also, the Parks Master Plan is considered out-of-date, and needs revision. Goes on to note that this part of Fayetteville is underserved by Parks and that any money in-lieu would go towards active Parks. Hoskins: Inquires when the last time the City used Parkland money in-lieu to purchase parkland. Eastin: It was [2015] in south Fayetteville. Hoskins: Believes in passive parks, and feels that natural area parks are appealing. Is disappointed that adjustments were not made to make a dedication more palatable. Leslie Belden, Commissioner: Queries whether there has been discussion among staff about the parkland dedication alternative. Eastin: Confirms that it was discussed. Williams: Brings up Mt. Kessler, and asks staff whether this does or does not compare given its large areas of unusable land. Eastin: The topography is the fundamental part of the decision, with Mount Kessler being larger, with the significantly-sloped areas less as a proportion of the total. Notes also that even if payment in-lieu is determined, the proposed parkland's development is limited and will keep much of it as open space. Williams: Questions whether there are invasive species on Mount Kessler. Eastin: Responds that invasive species are present on Kessler, but on the subject property it is more significant and in areas that are difficult to access. It is a year-on-year effort to cut back invasive species. Further, parkland that touches the back of private lots, similar to what is proposed, creates challenging maintenance issues. Allison Thurmond-Quinlan: Agrees that passive parks are appropriate in some places, but her support hinged on increased access to the park, which she does not see. Notes that street frontage and access are integral in parkland being usable. Motion: Commissioner Hoffman made a motion to approve PPL 16-5447 with the following findings. Condition #1: Finding in favor of the variances except requiring the south cul-de-sac be modified to provide a full street stub-out. Condition #2: Determine in favor of street improvements as recommended. Condition #3: Determine that the proposed land for a park is not suitable for a park and requiring payment in lieu of land dedication. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. 5 5. CUP 16-5558: Conditional Use (3250 N. FUTRALL DR./FUTRALL DR. CELL TOWER, 211): Submitted by SMITH COMMUNICATIONS, INC. for property located at 3250 N. FUTRALL DR. The property is zoned P-1, INSTITUTIONAL and contains approximately 5.56 acres. The request is for a wireless communication facility. THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED UNTIL OCTOBER 10 MEETING No staff report or public comment was provided. Motion: Commissioner Hoffman made a motion to table CUP 16-5558 for two weeks. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. New Business: 6. VAC 16-5571: Vacation (WEST JUPITER DR./JUPITER DRIVE, 171): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located SE OF JUPITER ST. & MCGUIRE ST. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and C-3, CENTRAL COMMERCIAL and contain approximately 1.79 acres. The request is to vacate a portion of Jupiter Street. Andrew Garner, City Planning Director: Gave the staff report. Justin Jorgensen, Jorgensen and Associates, applicant: Present for questions. No public comment was presented. Matthew Hoffman, Commissioner: Discussed concerns with vacating the street because of a lack of connectivity. He discussed a preference that if the street is vacated another public street connection that serves the function of Jupiter Street's east west connectivity be provided. Tom Brown, Commissioner: Agreed with Commissioner Hoffman's concerns with street connectivity that can be reviewed at the time of preliminary plat review. Tracy Hoskins, Commissioner: Discussed that this road used to be in Johnson and it is not a good road. If we want to promote this to develop it Jupiter needs to be removed. We all know when it is reviewed at the time of Large Scale Development cross connection will be provided. I don't have any problem vacating this. I think the street needs to be gone to put together development plans. I will support the vacation. Hoffman: Discussed that connection through parking lots is not the same as connection through streets. Simply having a commercial arterial with a lot of parking lots connected does not do what we would like in terms of decreasing connection. I think it would be a mistake to eliminate the right-of-way at this point. I would be in favor of vacating the right-of-way when we see the future plan for connectivity. Hoskins: Asked about future connections on the development plan. Jorgensen: Discussed that connectivity will be provided with the development. 6 Leslie Belden, Commissioner: Discussed the conditions of approval and asked about another condition of approval. Garner: Discussed another condition of approval regarding future street construction as a condition of approval of the vacation. Kit Williams, City Attorney: Discussed concerns with the timing of a vacation of Jupiter being approved but it not being officially vacated until something else happens. Brown: Stated that this vacation needs to take place at the time of preliminary plat. It is hard for me to fathom why this would stop any development. Hoskins: Asked about property owners signing off on this? Garner: Responded that, yes, all adjoining property owners have approved the vacation of the street. Hoskins: Discussed that this portion of vacated street is not being used by other people that's the abutting property owners and they have all given permission. Cook: Asked the City Attorney about a condition of approval to require connectivity in the future. Williams: Stated concerns that if a condition is added as mentioned, the vacation of the street is not final. I don't think we need to do that. I don't see use agreeing to some development with not street north of Van Asche between McGuire and Ball Street. I don't think it will be a problem. Sometimes we have to have a little faith that the developer will do what is good for them and what is good for the city. Cross connection acceptable to the city will be required between Ball and McGuire Street at the time of development. Motion: Commissioner Hoskins made a motion to forward VAC 16 -5571 recommending in favor with all conditions except adding condition #4. Condition #4: A public street connection north of Van Asche, connecting Ball Street and McGuire Street, shall be provided at the time of development. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-1-0. Commissioner Quinlan voted ‘no’. 7. CUP 16-5563: Conditional Use (85 W. 15TH ST./ALLIED STORAGE ADDITION, 601): Submitted by SAND CREEK ENGINEERING, INC. for property located at 85 W. 15TH ST. The property is zoned I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 14.98 acres. The request is to expand the existing mini-storage. Andrew Garner, City Planning Director: Gave the staff report. Joey Ingle, Sand Creek Engineering, applicant: Stated agreement with the conditions of approval. No public comment was presented. Matthew Hoffman, Commissioner: Stated that he was in favor of the request. 7 Motion: Commissioner Hoffman made a motion to approve CUP 16-5563 with conditions and determinations as recommended by staff. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. 8. CUP 16-5568: Conditional Use (2631 N. GREGG AVE./SOURCES INDEPENDENT LIVING, 289): Submitted by ELISE ALEXANDER for property located at 2631 N. GREGG AVE. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 3.05 acres. The request is for an office building in an RMF-24 zoned district. Quin Thompson, Planner: Gave the staff report. Jim Mather, Applicant: Discussed the project and said that he understood and agreed with all Conditions of Approval. No public comment was presented. Tom Brown, Commissioner: Said that it was clear to him that this project would be a benefit to the clients of Sources, and to the City as a whole. Matthew Hoffman: Commissioner: Asked the applicant if it would be helpful if hours of operation were expanded slightly, saying that he felt the hours were unnecessarily strict. Mather: Said that the business typically closes at 4, but that the additional flexibility would be welcome. Leslie Belden, Commissioner: Said that she appreciated seeing the building located close to the street, and that she would support the request. Motion: Commissioner Hoffman made a motion to approve CUP 16-5568 with conditions as recommended by staff except modifying #3 to extend the hours of operation until 5:30pm. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. 9. RZN 16-5566: Rezone (1615 E. HUNTSVILLE RD./HARRISON, 565): Submitted by BETTY HARRISON for property at 1615 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.53 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Jonathan Curth, Senior Planner: Gave the staff report. Debbie Harrison, Applicant: Speaks as the property owner, but defers to her daughter for questions. Amanda Robinson, Applicant: States that she is available for questions. No public comment was presented. 8 Tracy Hoskins, Commissioner: Queries staff as to how wide the subject property is. Curth: States that staff does not have that information immediately available. Hoskins: Inquires whether the applicant is familiar with the requirements of this zoning request. Robinson: States that she has discussed it with staff. Motion: Commissioner Hoskins made a motion to forward RZN 16-5566 with recommended approval. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. 10. RZN 16-5589: Rezone (714 W. MLK BLVD. & 511 HILL AVENUE/UARK CREDIT UNION, 522): Submitted by JORGENSEN & ASSOCIATES, INC. for properties at 714 W. MLK BLVD. and 511 HILL AVENUE. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, AND RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.37 acres. The request is to rezone the property to C-1, NEIGHBORHOOD COMMERCIAL. Andrew Garner, Planning Director: Read the staff report. Justin Jorgensen, Jorgensen and Associates, applicant: Was present for questions. No public comment was presented. Matthew Hoffman, Commissioner. Against the request because a form-based district is preferred, even though council has made previous decision. Tracy Hoskins, Commissioner. On the fence about this proposal. Allison Quinlan, Commissioner. Discussed that she would be in favor of any form-based zone that would be appropriate on this corner. I cannot vote for this C-1 zoning tonight. Hoffman: Asked about the property ownership and the proposed zoning, and asked if the applicant would be amenable to tabling the item to consider a form-based zoning district. Jorgensen: Discussed the ownership and indicated that he would like everyone to be on the same page if possible. Hoskins: Said he would be in favor of tabling. Jorgensen: Stated agreement with tabling. Motion: Commissioner Hoffman made a motion to table RZN 16-5589 until the next Planning Commission meeting. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-1 (Commissioner Cook recused). 9 11. RZN 16-5576: Rezone (1160 S. HAPPY HOLLOW RD./PROMOLIFE, 565): Submitted by JORGENSEN & ASSOCIATES, INC. for properties at 1160 S. HAPPY HOLLOW RD. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 3.65 acres. The request is to rezone the properties to I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and R-A, RESIDENTIAL AGRICULTURAL. Jonathan Curth, Senior Planner: Gave the staff report. Justin Jorgensen, Jorgensen & Associates, Applicant's Representative: Has nothing to add to staff’s report but is available for questions. If needed the owners are also present for questions. No public comment was presented. Leslie Belden, Commissioner: Queries whether the owner intends to connect to the residential street to the east. Jorgensen: Responds that currently there is no intent to provide this connection given the terrain and the creek. Tracy Hoskins, Commissioner: Feels that Fayetteville needs more of I-1 zoning in the City. Kyle Cook, Commissioner: Asks if the applicant would be willing to clarify the purpose of their business. Yvonne Segal, Applicant: Clarifies the function of her business as light manufacturing of health and beauty products with predominantly online sales and shipping. Motion: Commissioner Hoskins made a motion to forward RZN 16-5576 with recommended approval. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 8-0-1. Commissioner Noble recused. 12. RZN 16-5573: Rezone (1030 N. COLLEGE AVE./LAZENBY, 445/446): Submitted by JORGENSEN & ASSOCIATES, INC. for properties at 1031 N. COLLEGE AVE. The properties are zoned R-O, RESIDENTIAL OFFICE and contain approximately 0.72 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. Harry Davis, Planner: Read the staff report. Justin Jorgensen, Applicant: States the developer is looking to do mixed-use at this property. Public Comment: Andrea Fournet, Neighbor: Concerned about the lighting of new development and is not opposed to the rezone. No further public comment. Andrew Garner, Planning Director: Explains the dark-sky compliant ordinances. 10 Tracy Hoskins, Commissioner: States that this property is the perfect place for Urban Thoroughfare. Matthew Hoffman, Commissioner: States they are in support of this rezone and appeals to staff to provide a comprehensive plan for the area to make it in compliant with the 2030 Plan. Tom Brown, Commissioner: Expresses agreement with Hoffman. Motion: Commissioner Hoskins made a motion to forward RZN 16-5573 with recommended approval. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. 1. Reports: None 2. Announcements: None 3. Adjournment Time: 7:28 PM 4. Submitted by: City Planning Division