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HomeMy WebLinkAbout2016-10-24 - Minutes - FinalCITY OF Fa y Vle ARKANSAS Planning Commission October 24, 2016 5:30 PM 113 W. Mountain, Room 219 MINUTES 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), Janet Selby, Tom Brown, Leslie Belden and Allison Thurmond Quinlan. Absent: Ryan Noble, Tracy Hoskins, and Matthew Hoffman (Secretary) Staff: Andrew Garner, Jonathan Curth, Quin Thompson, and Alan Pugh. City Attorney: Kit Williams Consent Agenda: 1. Approval of the minutes from the October 10, 2016 meeting. Motion: Commissioner Autry made a motion to approve the consent agenda. Commissioner Belden seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Old Business: NONE New Business: 2. VAR 16-5635: Variance Item (608 N. WILLOW AVE. /BINGHAM, 446): Submitted by MODUS STUDIOS for property located at 608 N. WILLOW AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, and 4 UNITS PER ACRE and contains approximately 0.57 acres. The request is for a variance to the Streamside Protection Ordinance. Alan Pugh, City Floodplain Administrator: Gave the staff report. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gav Fayetteville, AR 72701 Josh Seibert, Modus Studio, applicant's representative: Discussed the proposal for the home renovation and the streamside variance request. He indicated agreement with the conditions of approval. Public Comment: No public comment was presented. Ron Autry, Commissioner: Discussed that this project has done a good job to improve the old building and the waterway. I will be able to support this request. Leslie Belden, Commissioner: Discussed that she observed on her site visit there are lots of invasive plants in the streamside zone. I would vote to approve this. Motion: Commissioner Quinlan made a motion to approve VAR 16-5635 with conditions as recommended by staff. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. 3. LSD 16-5529: Large Scale Development (120 E. SYCAMORE ST. /SYCAMORE ST. APTS., 368): Submitted by BATES & ASSOCIATES, INC. for property located at 120 E. SYCAMORE ST. The property is zoned CS, COMMUNITY SERVICES and contains approximately 1.61 acres. The request is for a 19 unit apartment complex with associated parking. Quin Thompson, Planner: Gave the staff report. Geoff Bates, Applicant's representative: Was present for questions. Public Comment: Nancy Allen, Neighbor: Said she does not necessarily object, but would like more information about tree preservation, landscape. We are proud of our residential neighborhood. No further Public Comment was provided. Lee Porter, Urban Forester: Said trees have been mitigated for on-site, and remaining tree preservation concerns have been resolved. Tom Brown, Commissioner: Said that he had some concerns at the Subdivision Committee meeting regarding impervious area and tree preservation, but have been assured by staff that the project meets the requirements. I do think the driveway location should be shared with the neighboring development, but I won't change my vote in favor. Kyle Cook, Chair: Said he served on the Subdivision Committee for the item and thought that sharing the drive would remove additional trees. He said that he agreed in this case that the driveway variance should be approved. Ron Autry, Commissioner: Said that he remembered that the neighbor was not interested in sharing the drive, which would remove the tree buffer that separates the project. Leslie Belden, Commissioner: Said that she had concerns about water runoff towards Woodland School which is located downhill from the site. Andrew Garner, Planning director: Said that the project did notify all adjacent property owners, and that the proposal meets all City drainage requirements. Alison Quinlan, Commissioner: This project does show the difference between a form -based zoning and an older development next door. The development team has done a good job here and should be commended. Motion: Commissioner Brown made a motion to approve LSD 16-5529 with conditions as recommended by staff. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. 4. CUP 16-5637: Administrative Item (2501 S. ARMSTRONG AVE. /BRIGHT TECHNOLOGIES, 643): Submitted by BLEW & ASSOCIATES, INC. for property located at 2501 S. ARMSTRONG AVE. The property is zoned 1-2, GENERAL INDUSTRIAL and contains approximately 40.00 acres. The request is for offsite parking. Andrew Garner, City Planning Director: Gave the staff report. The applicant was not present. No public comment was presented. Ron Autry, Commissioner: Indicated that this looks like a straightforward request. Motion: Commissioner Autry made a motion to approve CUP 16-5637 with conditions as recommended by staff. Commissioner Selby seconded the motion. Leslie Belden, Commissioner: Discussed that on her site visit she observed that there is a parking problem because people were parking all over the grass on the property. Tom Brown, Commissioner: Discussed that in reading through the applicant's materials this is proposed temporarily until they will come forward at a later date for more parking. It is 40 acres and pretty flat. Parking will be resolved in the future. If it's not, they are subject to citation. Kit Williams, City Attorney: Indicated that you could condition it that if this property is in violation of city ordinances for parking it would constitute a violation of this conditional use permit. Brown: Recommended adding the condition of approval mentioned by the City Attorney. Autry: Amended his motion to include an additional condition of approval #2 stating as follows: "All existing parking rules should be obeyed by the property owner and that violation of the parking ordinances would also be in violation of the conditional use permit." Selby: Agreed to the modified condition of approval with her second of the motion Upon roll call the motion passed with a vote of 6-0-0. 5. CUP 16-5602: Conditional Use (2558 E. MISSION BLVD./CORE BREWERY, 371): Submitted by STUART COLLIER for property located at 2558 E. MISSION BLVD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.55 acres. The request is for an eating place (Use Unit 13) in an R -O zoned district. Andrew Garner, City Planning Director: Gave the staff report. Stuart Collier, applicant: Present for questions. Public Comment: Miles Ramsey, neighborhood adjacent to the south across Mission Boulevard: He stated that he was in favor of Core coming in. He asked about pedestrian access. What is the plan for getting people across Mission Boulevard? No more public comment was presented. Collier: Explained pedestrian activity in the area. He discussed the intent of this restaurant and why it is needed, discussing that the only restaurant similar to this is Eastside Grill. This should provide a social gathering place. Tom Brown, Commissioner: Asked, what can we do about connectivity? Kit Williams, City Attorney: Discussed that review of connectivity is handled during development. Garner: Discussed connectivity and pedestrian activity that were evaluated during review. He stated that cross access to the west was not possible as the property owner would not give permission and cross access to the east is not possible because of topographical challenges. A safe pedestrian crossing in this area is needed. Allison Quinlan, Commissioner: Discussed a future crosswalk should be discussed further as there will likely be people walking across Mission Boulevard. Brown: Asked the applicant about cross access. Motion: Commissioner Selby made a motion to approve CUP 16-5602 with conditions as recommended by staff. Commissioner Belden seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. 6. CUP 16-5617: Conditional Use (1321 E. HUNTSVILLE RD./J. MENDENHALL, 565): Submitted by JULIA MENDENHALL for property located at 1321 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.63 acres. The request is fora limited business (UU12) in an RSF-4 zoned district. Jonathan Curth, Senior Planner: Gave the staff report. E Julia Mendenhall, Applicant: Has nothing to add to staff's report or conditions Public Comment: No public comment was presented. Tom Brown, Commissioner: Notes that the area to the east is developing in an ad-hoc, commercial manner, and that given the residential zoning to the west, the proposed conditional use can act as a buffer or transition and is an appropriate Janet Selby, Commissioner: Questions the inconsistency in hours presented by staff and what was in the report. Curth: Comments that the time was changed since the application and staff did not note this in the report. Mendenhall: Clarifies that the requested hours are 9:00 AM to 7:00 PM due to many clients coming after their respective employments. And Sunday is requested as 9:00 AM to 12:00 PM. Allison Thurmond Quinlan, Commissioner: Generally supports this request and notes that with the rezoning to the west that was forwarded by the Commission previously is leading to a mixed-use area of sorts. Feels that if the business were to expand, this is an appropriate area to possibly rezone or add parking in the future. Motion: Commissioner Autry made a motion to approve CUP 16-5617 with conditions as recommended by staff and changing hours to 7pm. Commissioner Selby seconded the motion. Upon roll call the motion failed with a vote of 6-0-0. 7. VAR 16-5615: Variance Item (EAST OF 120 E. ROCK ST./BOSCIA, 524): Submitted by CITY STAFF ON BEHALF OF WILLIAM BOSCIA for property located BETWEEN 120 AND 130 E. ROCK ST. The property is zoned DG, DOWNTOWN GENERAL, and contains approximately 0. 12 acres. The request is for a variance to UDC Chapters 164.15, Prefabricated Construction, 166.22, Downtown Design Overlay District, and 172.11, Driveway and Parking Standards for Four (4) Or Less Parking Spaces. Jonathan Curth, Senior Planner: Gave the staff report. William Boscia, Applicant: Reiterates staff's comment that he did know that he was in violation or needed a permit to place the structure on his property. Notes that he lives in the "hollar of Fayetteville" and given that area's historical development pattern he didn't know this structure would be a problem. He placed the structure on his property to support the members of his non-profit and would just as soon move the structure straight back to his property to the north and not have these issues. Note that his father fought in several wars and that given this is America still, he is perplexed that the City is telling him what kind of design requirements he must meet. When previously meeting with staff, he agreed to paint it and has bids for some of the work required. The structure has been paid for and he cannot take it out now. By potentially putting the structure in the backyard of his adjacent property he feels the area is vegetated enough that it would not adversely affect neighbors. Public Comment: No public comment was presented. Kyle Cook, Commissioner: Clarifies for the Commission that the only item before them is those variances outlined by staff, and not whether it can or shall be moved to the adjacent property. Thurmond Quinlan, Commissioner: Noting that there is not water or sewer connection asks staff whether there is a bathroom or kitchen in the structure. Curth: Notes that the structure has both, with the toilet being a composting toilet. Boscia: Confirms that these facilities are present and acknowledges that staff informed him that the composting toilet would have to be removed. Quinlan: Requests clarification about the use of the structure and the number of occupants. Boscia: It will be infrequently used by members of his chapter when they are in the region working at the Wal-Mart AMP for fundraising purposes. He does not want it treated as a single- family dwelling, but as soon as he told City staff that had people sleeping in it he found he would be subject to a number of additional requirements. Nobody will stay in it for more than day, and he would rather treat it as a game room. Nothing is hooked up and he has been told it is possible to hook it up. Quinlan: States that while there are indeed issues with the design standards, her concerns are mostly with the health, safety, and welfare of the public. Agrees that it is not uncommon for these structures to be found in this area, but also does not want to see this in 10 years. Advises that this area does have expansive clays, and that the currently utilized supports are likely not safe. Tom Brown, Commissioner: Visited the property, and agrees with staff in identifying and itemizing the variances, and feels he cannot support the variances. Ron Autry, Commissioner: Asks staff what the requirements would be if it was converted to a game room. Curth: Does not know the answer to that question, and defers to other, not present City staff. Autry: Also visited the site, and considering the costs bringing it in to compliance he agrees with staff's assessment. Cook: Agrees with Commissioner Quinlan's comments that for him it is a health, safety, and welfare issue. Suspects that to make these work on the site, it could be cost -prohibitive. Garner: Advises the Commissioners that issues of health, safety, and welfare are not before the Commission. The focus is on the architectural design, driveway and the standards for a prefabricated structure. Cook: Notes that there is a variance request for permanent water and sewer connections. Autry: Makes a motion to deny. Boscia: Has read a bit on driveways, and according to what he has found on the City's website it does not have to be paved. He would like clarification. Cook: Informs that applicant that there needs to be an 18 -foot paved apron, which is not present. Leslie Belden, Commissioner: Expresses empathy with the applicant, but notes that there is not hardship there. There are no easements, no challenging terrain, or other issues that make the request justifiable. Motion: Commissioner Autry made a motion to deny VAR 16-5615. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. 8. RZN 16-5609: Rezone (1764 N. STARR RD./HAYS, 373): Submitted by BATES & ASSOCIATES, INC. for property at 1764 N. STARR RD. The property is zoned RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE and contains approximately 26.83 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. Jonathan Curth, Senior Planner: Gave the staff report. Geoff Bates, Bates & Associates, Applicant's Representative: Has no further comment, but is available for questions. Public Comment: No public comment was presented. Tom Brown, Commissioner: Agrees wholeheartedly with staff and that the same zonings to the north, east, and west are all compatible with the proposed zoning. Has no issue approving this request. Regarding the traffic, he understands concerns, but feels people are conscientious when children are near. Notes that the City has responded to traffic concerns with the addition of signalization in the area. Kyle Cook, Commissioner: Notes that he is not a huge fan of RSF-4, but he does not know what would be more appropriate. He would like to see some appropriate commercial. Comments that as development of this pattern continues in this area it will continue to exasperate the existing traffic situation. Allison Thurmond Quinlan, Commissioner: Also struggles to support RSF-4, and notes that compatibility is not the only issue. Acknowledges that the some of the more outspoken critics of RSF-4 are not present on the Commission tonight. While not disagreeing with staff, feels that the request is not in-line with City goals. Leslie Belden, Commissioner: Comments on the beauty of the property and thinks it may be developed commiserate. Although also not very supportive of this particular zoning request, notes that it is fully compatible. Cannot justify not forwarding the request. Motion: Commissioner Brown made a motion to forward RZN 16-5609 to city council recommending approval. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 5-1-0. Commissioner Quinlan voted `no'. 9. RZN 16-5598: Rezone (1777 S. SMOKEHOUSE TRAIL/OZARK MOUNTAIN SMOKEHOUSE, 595): Submitted by FRANK SHARP for property at 1777 S. SMOKEHOUSE TRAIL. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 3.38 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. Quin Thompson, Planner: Gave the staff report. Frank Sharp, Applicant: Said he would be happy to answer questions. Public Comment: No public comment was offered. Alison Quinlan, Commissioner: Said that she was excited to see the potential for form -based development on this and adjacent properties recently rezoned around the extension of Rupple Road. Leslie Belden, Commissioner: Asked whether the request was for three parcels as the map seemed to indicate. Andrew Garner, Planning Director: Said that yes portions of three portions were part of the rezone. Sharp: Said that the property was currently being used as a trail head for the Kessler Mountain trails, and that in future the planned expansions to City trailheads would replace this access. Motion: Commissioner Quinlan made a motion to forward RZN 16-5598 to city council recommending approval. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. 10. RZN 16-5633: Rezone (2350 W. WEDINGTON DR./UPTON, 403): Submitted by JEFF UPTON for property at 2350 W. WEDINGTON DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.80 acres. The request is to rezone the property to NS, NEIGHBORHOOD SERVICES. Jonathan Curth, Senior Planner: Gave the staff report. Jeff Upton, Applicant: Happy to answer any questions and was looking forward to using an otherwise vacant building as its intended use. Public Comment: No public comment was presented. Ron Autry, Commissioner: Is in complete agreement with this request, and this seems like a more than appropriate request for a rezoning and will support it. Allison Thurmond Quinlan, Commissioner: Wholly supports the request and is excited to see the building brought in to compliance. Moves to forward the item to the City Council. Tom Brown, Commissioner: Notes that this property does have a commercial history, and that he believes in neighborhood commercial. He would prefer to see the property located a corner, but feels this is a logical, low -intensity, location. Motion: Commissioner Quinlan made a motion to forward RZN 16-5633 to city council recommending approval. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Discussion Item 11. City Initiated Rezoning of College Avenue between Maple Street and North Street Andrew Garner, Planning Director: Discussed the proposed rezoning process, saying that he would take minutes and forward to the City Council. Belden: Asked if a motion would be appropriate. Garner: Said it would be helpful to communicate to CC. Brown: Said he provided some notes listing potential rationale for why this is appropriate and important, and laying out what might be an appropriate public process. He said he was happy that PC was making a recommendation for rezoning this area. Quinlan: Asked if the boundaries are well defined at this time or if expanding the study would be efficient. Garner: Said that the boundary was not completely defined, but that he understood the PC direction was to concentrate on the area recently improved by the City. Quinlan: Said that the area between North and Township had a lot of property for sale right now, with development to follow. Garner: Agreed that many of those properties are at the end of their useful life and prime for redevelopment. Motion: Commissioner Belden made a motion to recommend that the City Council advise the Mayor to authorize City Planning staff to initiate a rezoning of the College Avenue corridor between Maple Street and North Street. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. The following items have been approved administratively bV staff: LSP 16-5607: Lot Split (867 N. FOX HUNTER RD./WEAVER, 453): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 867 N. FOX HUNTER RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 18.65 acres. The request is to split the parcel into 2 lots containing approximately 10.65 and 8.00 acres. • LSP 16-5608: Lot Split (14632 ELKHORN SPRINGS RD./BRESLAU, 468): Submitted by JAMES LAYOUT SERVICES, INC. for property located at 14632 ELKHORN SPRINGS RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 34.97 acres. The request is to split the parcel into 2 lots containing approximately 11.96 and 23.28 acres. • LSP/PLA 16-5435: Lot Split -Property Line Adjustment (291 S. HILL AVE./CLICK, 522): Submitted by BATES & ASSOCIATES, INC. for properties located at 291 S. HILL AVE. The properties are zoned RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE and contain approximately 0.19 and 0.25 acres. The request is to split and adjust the parcels into 4 lots containing approximately 0.22, 0.07, 0.07 and 0.07 acres. • LSP 16-5554: Lot Split (1096 E. HUNTSVILLE RD./HOGWASH CARWASH, 525): Submitted by BLEW & ASSOCIATES, INC. for properties located at 1096 E. HUNTSVILLE RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.16 acres. The request is to split 2 parcels into 4 lots containing approximately 0.29 acres each. LSP -PLA 16-5556: Lot Split/Property Line Adjustment (2184 S. CITY LAKE RD./KELLY, 681/720): Submitted by REID & ASSOCIATES, INC. for properties located at 2184 S. CITY LAKE RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and are in the FAYETTEVILLE PLANNING AREA and contain approximately 84.63 acres. The request is to adjust and split 4 parcels into 7 lots containing approximately 9.40, 5.43, 9.34, 3.95, 9.84, 8.83, and 37.84 acres. • LSP 16-5608: Lot Split (14632 ELKHORN SPRINGS RD./BRESLAU, 468): Submitted by JAMES LAYOUT SERVICES, INC. for property located at 14632 ELKHORN SPRINGS RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 34.97 acres. The request is to split the parcel into 2 lots containing approximately 11.96 and 23.28 acres. 1. Reports: None 10 2. Announcements: None 3. Adjournment Time: 7:15 PM 4. Submitted by: City Planning Division 11