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HomeMy WebLinkAbout2016-11-14 - Minutes - FinalCITY OF Fa y Vle ARKANSAS Planning Commission November 14, 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), Matthew Hoffman (Secretary), Ryan Noble, Tracy Hoskins, Janet Selby, Tom Brown, Leslie Belden, and Allison Thurmond Quinlan. Absent: Ron Autry (Vice Chair) Staff: Andrew Garner, Jonathan Curth, Quin Thompson, and Harry Davis. Assistant City Attorney: Blake Pennington Consent Agenda: 1. Approval of the minutes from the October 24, 2016 meeting. 2. ADM 16-5649: Administrative Item (693 W. NORTH ST./NATURAL STATE -1 YR. MOBILE VENDOR, 444): Submitted by AMBER CAFOUREK-BELASCO for property located at 693 W. NORTH ST. The property is zoned CS, COMMUNITY SERVICES and contains approximately 0.89 acres. The request is for a one year mobile vendor permit. 3. ADM 16-5650: Administrative Item (EAST OF 600 E. VAN ASCHE DR./ALTITUDE TRAMPOLINE, 174): Submitted by MILLER, BOSKUS, LACK ARCHITECTS, INC. for property located EAST OF 600 E. VAN ASCHE DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 6.64 acres. The request is for a major modification to the previously approved LSD 16-5575. Motion: Commissioner Belden made a motion to approve the consent agenda. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 7-0-1. Commissioner Hoffman abstained. Old Business: NONE Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gav Fayetteville, AR 72701 New Business: 4. PPL 16-5584: Preliminary Plat (NORTH OF COLFAX LOOP/THE COVES SD, PH. III & IV, 555): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located NORTH OF COLFAX LOOP. The property is zoned NC, NEIGHBORHOOD CONSERVATION and R -A, Residential -Agricultural and contains approximately 37.00 acres. The request is for 109 single- family lots. Jonathan Curth, Senior Planner: Gave the staff report Taylor Lindley, Crafton Tull, Applicant's Representative: Agrees with the conditions of approval and is available for questions. Public Comment: No public comment was presented. Matthew Hoffman, Commissioner: Inquires as to the lot average lot widths. Andrew Garner, Planning Commissioner: Provides that they are approximately 51 feet in width on average. Hoffman: Expresses disappointment and asks the applicant if it would be possible to tie the subdivision sidewalks in to the proposed trail. Lindley: Notes that there is a connection proposed. Hoffman: Questions whether the applicant intends to comply with the small -lot design standards. Lindley: Notes that the applicant deliberately sought to avoid being subject - Hoffman: (Cuts off the applicant) Expresses further disappointment that the applicant's intent was not to be required to comply with these design standards and thanks the applicant. Kyle Cook, Commissioner: Comments about the proposed sewer, and that he sympathizes with anyone that buys these properties and has to maintain a grinder pump. Andrew Garner, Planning Director: Recognizes that it is unusual, and because of this staff crafted conditions so that buyers would understand what they are purchasing. Motion: Commissioner Selby made a motion to approve PPL 16-5584 with conditions as recommended by staff. Commissioner Noble seconded the motion. Upon roll call the motion passed with a vote of 7-1-0. Commissioner Quinlan voted `no'. 5. VAC 16-5582: Vacation (41 E. NORTH ST./ANDONA PROPERTIES, 445): Submitted by ANDREA FOURNET for property located at 41 E. NORTH ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.74 acres. The request is to vacate a portion of a street right-of-way. Quin Thompson, Planner: Gave the staff report. Ramona Jones, Applicant: Said she was present to answer questions. Public Comment: No public comment was presented. Alison Quinlan, Commissioner: Said that she had asked that the item be removed from the consent agenda. She added that the value of land in the area led her believe that redevelopment of the property was likely and that a new street would be beneficial in the future. Tom Brown, Commissioner: Said that he would not be in favor of vacating the property for the reasons stated by Ms Quinlan. Tracy Hoskins, Commissioner: Asked staff about block length and street separation. Andrew Garner, Planning Director: Said that the block configuration would meet code. Hoskins: Asked applicant what her plans were for the property. Jones: Said she had no plans at this time. Matthew Hoffman, Commissioner: Said he cannot imagine this street being built, but that he would be in favor of waiting to vacate until rezoning the area is studied. Leslie Belden, Commissioner: Asked about other right-of-way in the area of Cleburn Street. Garner: Said that the Cleburn right-of-way had been partially vacated. Kyle Cook, Chair: Said that he had no issue with vacating this, there is a significant amount of drainage and nice trees. Unlikely to see developer paying to build that street. Ramona: The neighbor to the south has no other area on which to park, other than this ROW. Quinlan: Said that this is 60' of very valuable land that the City is just giving away to the landowners? I would maintain that this land has a great deal of value to the City and should not be given away. Motion: Commissioner Hoskins made a motion to forward VAC 16-5582 with recommended approval. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 5-3-0. Commissioners Hoffman, Quinlan, and Brown voted `no'. 6. VAR 16-5661: Variance Item (710 N. CEDARWOOD AVE./FLEMISTER, 442): Submitted by RICHIE LAMB for property located at 710 N. CEDARWOOD AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 0.33 acres. The request is for a variance to UDC Chapter 166.08, Street Design and Access Management Separation for a new curb cut. Andrew Garner, City Planning Director: Gave the staff report. Richie Lamb, Applicant Representative: Discussed the reasons for the variance request and was present for questions. Public Comment: Rob Koser, lives on Halsell Road: Is there anything that will reduce the amount of parking on Cleveland? No more public comment was presented. Kyle Cook, Commissioner: Asked the applicant if the curb cut on Cleveland will remain. Lamb: Responded that no changes are proposed to the driveway on Cleveland Drive. Matt Hoffman, Commissioner: I understand why it is uncomfortable to back out onto Cleveland Drive. I don't think I can support this without abandoning the driveway onto Cleveland. If we give a variance for this new driveway then we should probably be looking to reduce the impact of the impervious surfaces and the existing driveway on Cleveland Drive. Tracy Hoskins, Commissioner: Asked about the building elevations. Garner: Pulled up photos of the house on the screen and indicated the front of the house with a garage faces Cleveland Street. Allison Quinlan, Commissioner: Asked if the applicant would entertain making the curb cut on Cleveland compliant. Lamb: Indicated they could make it compliant. Quinlan: Indicated that she could approve the variances with conditions with the condition that the driveway on Cleveland be brought into compliance. Blake Pennington, Assistant City Attorney: Discussed that if we force them to bring the driveway onto Cleveland Street into compliance it may be a legal taking that we have to compensate the property owner. A trade off from one part of the site to another is not a part of the variance request. Lamb: Discussed that if the property owner were here they would be in favor of reducing the driveway width on Cleveland if that is what it takes to get the variance for the circle drive on Cedarwood. He discussed agreement with the conditions of approval recommended by staff. Leslie Belden, Commissioner: I don't have any issue with the driveway distance from Cleveland. From a safety standpoint I have no objections. The house across the street has a circle drive. The fact that they are putting in so much concrete is a concern. Hoffman: I can't support it as proposed with a 40 -foot curb cut on Cleveland and 28 feet of curb cut on Cedarwood. 51 Hoskins: Asked about the curb cut width requirements allowed by code. Garner: Gave the maximum curb cut width of 24 feet. Tom Brown, Commissioner: Asked about impervious coverage of the property overall, and if the site would comply with the addition of this drive. Garner: Indicated that the site would comply with the overall impervious surface requirements. Brown: I think we need to listen to our legal staff. I would not be able to support a condition requiring the applicant to reduce the curb cut on Cleveland against our legal staff's recommendations. Cook: We already have a safety issue with the driveway on Cleveland and this circle drive will create another safety issue. Motion: Commissioner Hoffman made a motion to table VAR 16-5661 until the November 28th meeting. Commissioner Quinlan seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. 7. CUP 16-5625: Conditional Use (EAST OF 6377 W. SHREVE DR./PERGESON, 513): Submitted by JACK PERGESON for property located EAST OF 6377 W. SHREVE DR. The property is zoned RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE and contains approximately 19.16 acres. The request is for construction of a secondary structure that is larger than the proposed primary structure. 8. ADM 16-5662: Administrative Item (EAST OF 6329 W. SHREVE DR./PERGESON, 513): Submitted by PLANNING STAFF on behalf of JACK PERGESON for property located EAST OF 6377 W. SHREVE DR. The property is zoned RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE and contains approximately 19.16 acres. The request is for a waiver of the minimum street frontage requirement. Quin Thompson, Planner: Gave the staff report for both CUP 16-5652 and ADM 16-5662. Jack Pergeson, Applicant: Said that this may seem a large shop for most people. He indicated that he is a hobbyist, I rebuild old cars and do woodworking in the shop. I have a shop building of a similar size and know that this is the amount of space I need. Public Comment: No public comment was presented for either CUP 16-5652 and ADM 16-5662. Kyle Cook, Chair: Asked Mr. Pergeson if he agreed with the conditions. Pergeson: Said that he did, adding that Foster lane is already in a private access easement. Motion for CUP 16-5625: Commissioner Hoffman made a motion to approve CUP 16-5625 with conditions as recommended by staff. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Motion for ADM 16-5662: Commissioner Hoffman made a motion to approve ADM 16-5662 with conditions as recommended by staff. Commissioner Quinlan seconded the motion. Upon roll call the motion failed with a vote of 8-0-0. 9. CUP 16-5533: Conditional Use (1844 W. HALSELL RD./GUINN, 481): Submitted by BLEW & ASSOCIATES, INC. for property located at 1844 W. HALSELL RD. The property is zoned RSF- 4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.96 acres. The request is for a tandem lot. Jonathan Curth, Senior Planner: Gave the staff report Steve Guinn, Applicant: Expands on staff's report by outlining that it is friends that want the property, and they are ready to begin construction. Public Comment: Ron Woodruff, Attorney for an adjacent property: Is speaking in opposition, noting that the existing drive is private and serves the Scroggs dwelling to the north. They oppose the split for several reasons. The first is with regards to construction and vegetation removal causing more runoff problems. The second is that they are not willing to share their driveway to the west. Notes that most of the lots in the area are greater than the one acre proposed for the tandem lot. Robert Koser: Is the property owner to the south and approves of the request. Notes that there are numerous tandem lots in the area, and this is a good use of the land. Eloise Jane Scroggs: Lives to the north and bought this lot when it was zoned R-1. Comments that the driveway is on her property, and that she built it without receiving payment for the use of it. Notes that the applicant is infringing on her property and driveway without her prermission, even going as far as to pave her driveway. No more public comment was presented. Tom Brown, Commissioner: Visited the site, and notes that it is very steep terrain with the eastern portion of the lot being more level. Requests clarification about the access shown on the plat to the east, and feels it is the best place for it. Curth: Confirms that the intent is to access Halsell to the east, and that the condition is there in case the applicant would ever seek to utilize the driveway. Brown: Is comfortable then with leaving the condition as written. Does not have a problem with approving this proposal, as long as access is going to be on the east side and not on the existing driveway. Matthew Hoffman, Commissioner: Also seeks clarification from staff as to the proposed access to the east as opposed to utilizing the existing driveway. Curth: Notes that the condition regarding access to the existing driveway can be eliminated if the Commissioners see fit. Leslie Belden, Commissioner: Inquires about other public comments and information about who those people were since they do not seem to be here tonight. Curth: The other public comments were made months ago by phone, with a preference to be anonymous. Motion: Commissioner Hoskins made a motion to approve CUP 16-5533 with conditions as recommended by staff. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 7-1-0. Commissioner Belden voted `no'. 10. RZN 16-5624: Rezone (SW CORNER OF GREGG AVE. & DRAKE ST./DRAKE ST. HOLDINGS, LLC, 289): Submitted by COLLIERS INTERNATIONAL, INC. for properties at the SW CORNER OF GREGG AVE. & DRAKE ST . The properties are zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contain approximately 8.95 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Harry Davis, Planner: Read the staff report. Ramsay Ball, Applicant: States that their team has worked extensively with staff to come up with an approvable request. Public Comment: No public comment was presented. Tom Brown, Commissioner: States they do not have too much of problem with staff's findings. CS is a great form -based zone. He discussed that he is quite concerned about access onto Gregg Avenue. Tracy Hoskins, Commissioner: States that the railroad would probably not let them cross over the railroad and onto Gregg Avenue. Motion: Commissioner Hoskins made a motion to forward RZN 16-5624 with a recommendation for approval. Commissioner Quinlan seconded the motion. Matthew Hoffman, Commissioner: Thanked the applicant for bringing this forward. Upon roll call the motion passed with a vote of 8-0-0. 11. ADM 16-5631: Administrative Item (UDC CHAPTERS 161 & 162 AMENDMENTS): Submitted by PLANNING STAFF for revisions to several chapters in the Unified Development Code. The proposal is to create two new zoning districts, a new use unit, and include accessory dwellings as a permitted use in several existing districts. The intent of the code changes are to facilitate greater flexibility in medium -intensity commercial and medium -intensity urban residential development. Jonathan Curth, Senior Planner: Gave the staff report Public Comment: No public comment was presented. Andrew Garner, Planning Director: Expands upon the staffs report to explain other reasons that staff has made these proposals. Notes that although this is leading to more and more zoning districts, it is arguably appropriate to develop districts for the appropriate context. Matthew Hoffman, Commission: Appreciates staff's work, but has concern about the lot width requirements, particularly for duplexes. The proposal presupposes that duplexes are always done side-by-side as opposed to over-under, or front -back. With regards to the vehicle -oriented NS -G diagram, is curious why the NS -L is shown on the corner, separate from the residential uses. Harry Davis, Planner: Clarifies his reasoning that the diagram was used to demonstrate a build-up of intensity. Hoffman: He somewhat figured this, and feels it is part of the problem why NS is not used more often in RSF-4 and other single-family uses. Garner: Agrees with the point and clarifies further that the model was more of a tool to demonstrate massing. Tracy Hoskins, Commissioner: Echoes Commissioner Hoffman's points about everything, with particular focus on duplex widths. Garner: Note that staff has no problem with that comment, but brings it to the Commissioners' attention that these districts are meant for single-family areas, and also that there may be issues with development proposals slipping duplexes on to small lots that may present problems in a rezoning request. Hoskins: Would support reviewing the lot width. Follows up that he has no problem with additional zoning districts, especially if they meet a need. Leslie Belden, Commissioner: Has concerns about if development occurs under RT -U if it will lead to numerous curb cuts and large areas of pavement. Garner: Feels that there are sufficient checks and balances in other portions of the Code. Allison Thurmond Quinlan: Asks about whether these will allow townhouses. Staff: Clarifies that the way zoning use units are described in the City's Code, defines housing more by the number of dwelling units rather than the type of structure. Tom Brown, Commissioner: Thanks staff for their work, and thinks they have made a very good product. Hopes staff will integrate the comments that the Commissioners are providing. The relationship he is concerned about is whether NS -L and NS -G would be appropriate if placed in the midst of single-family areas. He would prefer more of a transition, but nonetheless thinks these districts will be requested. Hoffman: Questions whether fourplexes are allowed in NS -G. Garner: Answers that fourplexes are included with multi -family as a conditional use and will bump development in to drainage and other development considerations. Hoffman: Would like to see fourplexes treated as a less -intensive form of multi -family development, as they can be developed nicely. The two -over -two typology and others similar to it are very nice and the City should make that easier. If nothing else, would like to see a fourplex separated from multi -family. Does not want to upset the development process, but feels that fourplexes are "on the wrong side" of the multi -family definition. Quinlan: Notes similar housing on the north end of the City lots, and that housing like that is highly desirable in other areas of the country. Belden: Asks if one building can have a mixed-use of residential and commercial. Curth: Confirms that this is the case. Quinlan: Notes that there are practicality issues with regards to accessibility but it is possible. Motion: Commissioner Quinlan made a motion to table ADM 16-5631 until the November 28th meeting. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. The followina items have been aaaroved administratively by staff: • LSP 16-5524: Lot Split (1780 N. CROSSOVER RD./PLANET FITNESS, 372): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 1780 N. CROSSOVER RD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 5.17 acres. The request is to split the parcel into 2 lots containing approximately 4.83 and 0.34 acres. • LSP 16-5613: Lot Split (5075 E. MISSION BLVD./CLARK, 297): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 5075 E. MISSION BLVD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 5.73 acres. The request is to split the parcel into 2 lots containing approximately 2.25 and 3.48 acres. • LSP 16-5632: Lot Split (6316 W. WEDINGTON DR./MORLAN, 396): Submitted by DAVID MORLAN for property located at 6316 W. WEDINGTON DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.79 acres. The request is to split the parcel into 2 lots containing approximately 0.44 and 0.35 acres. • LSP 16-5618: Lot Split (103 N. PLAINVIEW AVE./MCMAHON, 213): Submitted by BATES & ASSOCIATES, INC. for property located at 103 N. PLAINVIEW AVE. The property is zoned RT -12, RESIDENTIAL TWO & THREE FAMILY and contains approximately 3.34 acres. The request is to split the parcel into 4 lots containing approximately 0.27, 0.27, 0.27 and 2.35 acres. • LSP 16-5592: Lot Split (414 W. PROSPECT ST./CRABTREE, 445): Submitted by BATES & ASSOCIATES, INC. for property located at 414 W. PROSPECT ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.45 acres. The request is to split the parcel into 2 lots containing approximately 0.26 and 0. 19 acres. • LSP 16-5628: Lot Split (800 N. OLIVE AVE./PROFFITT, 446): Submitted by REID & ASSOCIATES, INC. for property located at 800 N. OLIVE AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.34 acres. The request is to split the parcel into 2 lots containing approximately 0. 17 acres each. 1. Reports: None 2. Announcements: None 3. Adjournment Time: 9:29 PM 4. Submitted by: City Planning Division 10