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HomeMy WebLinkAbout1999-06-14 MinutesMINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on Monday, June 14, 1999 at 5:30 p.m. in Room 219 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS CONSIDERED ACTION TAKEN Approval of Minutes of 05/24/99 Approved CU99-14: Washington Madison Baptist Assoc., pp404 Approved w/conditions CU98-23.10: Clark Davis pp366 Approved w/conditions MEMBERS PRESENT MEMBERS ABSENT Lorel Hoffman Sharon Hoover Phyllis Johnson Don Marr Conrad Odom Loren Shackelford Lee Ward Bob Estes STAFF PRESENT STAFF ABSENT Tim Conklin Janet Johns Brent Vinson Dawn Warrick • Ron Petrie Planning Commission Minutes June 14, 1999 Page 2 APPROVAL OF MINUTES The minutes of the May 24, 1999, were approved as distributed. • • • Planning Commission Minutes June 14, 1999 Page 3 CU99-14: CONDITIONAL USE WASHINGTON MADISON BAPTIST ASSOCIATION, PP404 This item was submitted by Kirk Elsass of Lindsey and Associates on behalf of Washington Madison Baptist Association for property located at 1211 James Street. The property is zoned R- 2, Medium Density Residential, and contains approximately 0.66 acres. The request is to utilize the existing building for office use. Kirk Elsass was present on behalf of the request. Staff Recommendation Staff recommends approval of the requested conditional use permit for a professional office subject to the Planning Commission making the finding required by §163.02 and to the following conditions: 1. The parking lot shall be striped. All ADA requirements shall be met. The west access entrance to the parking lot shall be repaired. 2. The storage building to the west of the building shall be restored and maintained to match the appearance of the main building. 3. Shrubs at a minimum height of 3 feet tall shall be provided along James Street to provide a buffer between the professional office use and the residences to the north. 4. Landscaping shall be provided along the east side of the parking lot to provide landscaping for the existing parking lot. Said landscaping shall be coordinated with the Landscape Administrator. 5. The applicant shall seek a variance from the Board of Adjustment for approximately .44 acres to meet the City Ordinance requirement of a one acre minimum for professional office properties in an R-2 zone. The conditional use permit will be contingent upon the granting of this variance. Committee Discussion Johnson: Staff, do you have any additional presentation or updates over what we have in our packets? • Vinson: I do have some more information. I previously told you that the church was no longer occupying that building but they are still at that building. They will continue to be there • • Planning Commission Minutes June 14; 1999 Page 4 until the new owner has a new tenant for that building or they build a new building. Johnson- This property is located by Harp's and Fuzzy's. Staff has recommended approval of the conditional use. There are 5 conditions that go with this approval Is someone here representing the applicant? Elsass: We have seen these conditions and I have talked to the planning staff and those are acceptable to us Johnson- There are 5 specific conditions and you have seen those in writing and you do approve of those and will sign the approval? Elsass: Yes. I have one question. To give you background of what is going on here, the Washington Madison Baptist Association raises money for other churches. Prior to buying this property, they are allowing this group to stay there until they find another location. They just want this as a possible back up use. This building was originally used as an office building many years ago and we just want to be able to take it back to that use. What I ask is do we have to install these improvements prior to building renovation or can that be done upon occupancy of the tenant? Conklin: It would be required to be done at the time they apply for renovation and prior to occupancy the improvements must be completed. Elsass: That will be fine. They didn't want to have to do those items and then come back and renovate the rest of the building at a later date. Johnson: One of the options we have on conditional uses is to put a period of time by which they have to be in the building but that is not one of the conditions that staff has recommended on this. Public Comment None MOTION Mr. Odom made a motion to approve CU99-14 subject to the staff recommendations. Mr. Shackelford seconded the motion. • Johnson: I want to give notice to the applicant that they are required to apply for and obtain • • • Planning Commission Minutes June 14, 1999 Page 5 a variance from the Board of Adjustments. Roll Call Upon roll call, the motion passed with a unanimous vote of 7-0-0. • • • Planning Commission Minutes June 14, 1999 Page 6 CU98-23.1: CONDITIONAL USE CLARK DAVIS, PP366 This item was submitted by Clark Davis for property located at 716 West Sycamore. The property is zoned C-2, Thoroughfare Commercial, and contains approximately 1.16 acres. The request is for a dance hall. Clark Davis was present on behalf of the project. Staff Recommendation Staff recommends approval of the request based on the finding included as part of this report; subject to the Planning Commission make the findings required by §163.02 and the following conditions: 1. The outdoor patio area in front of the facility is not be utilized by patrons to congregate or consume alcoholic beverages. No use of the patio area is to be made by this business unless a separate approval is obtained from the Planning Commission. 2. The parking lot is to be restriped. 3. The four parallel parking spaces located east of the building are not to be restriped and are to be dedicated as part of the through access to the rear parking lot. No parking is to be allowed to the east of the building. 4. The front parking lot must conform to Chapter 172 off street parking lot setback and landscaping requirements. Currently, parking spaces 35-44 as labeled on the survey encroach upon the city's right of way. The pavement here must be removed and a new curb placed along the new parking lot boundary. (Amended) One new landscaped island is to be placed in the easternmost parking space in the front parking lot at space number 44 on the map and that the existing island located at the entry is to be upgraded. Both islands are to comply with our current parking ordinance." 5. Three 2 inch caliper trees shall be planted on both the east and west sides of the rear parking lot. There will be 6 trees total. (Deleted.) 6. The dance floor shall be limited to 130 square feet and the occupancy load shall be limited to 69 patrons • • Planning Commission Minutes June 14, 1999 Page 7 7. Should complaints be received in the Planning Division within one (1) year of approval, this item will be brought back to the Planning Commission. (Amendment to the Motion.) Commission Discussion Johnson: Does the applicant have any objections to any of the recommendations by staff? Davis: I agree with most of this. The only thing I have a question about is about the front parking lot. Currently, there are 14 spaces available along Sycamore Street that were built approximately 20 years ago. They are asphalt paved, curbed, and landscaped. There are some trees out there. I'm not sure why I would need to remove those when there is already a 4 lane street there. I don't perceive the immediate widening of the street. I would like to propose a possible compromise to where I would take out 1 of those spaces and put in an island with additional landscaping and help break that up a little bit. The other thing is placing more trees around the east and west side of the rear parking lot. There's not anything back there that anyone is ever going to see. I would like to suggest that those tree are move to the front of the site along the east side. That would be a better use for those trees. Johnson: Look at page 3.19 of the packet. That is the best drawing of the parking places that Mr. Davis proposed not to remove. Conklin: On 3.19 it shows the existing parking that is available on this site. Johnson: I'm not seeing 14 spaces. Conklin: Actually, it is 10 spaces on the front along Sycamore Street. They are numbered 35 through 44. There are 4 additional spaces on the east side of the building along that drive that goes to the rear parking lot. Johnson: Do you challenge the loss of those 4 along the side of the building? Davis: No. Johnson: So that's agreeable. There would be close to 10 on the street side. My understanding of the reason that staff is recommending that those spaces be removed is because they are built not on this property but they were built on City right of way. Those were built on some else's property. That is the reason for their recommendation as I understand. Public Comment • Carolyn Cordell residing across Sycamore Street spoke in opposition for this use to be allowed at Planning Commission Minutes June 14, 1999 Page 8 this location. Further Discussion Hoffman: I am normally very sensitive about the desire of property owners, however, crossing this street -- I'm not really sure that you're going to be hearing the music. Have you heard any music at night? Cordell: No. Hoffman: I have an alternate motion to propose with regard to the parking lot. It's my understanding the City owns this property and at any time it can be condemned and taken back for street widening. They have some established trees so I. would like to propose that we delete conditions 4 and 5 and replace with the following: One new landscaped island is to be placed in the easternmost parking space in the front parking lot at space number 44 on the map and that the existing island located at the entry is to be upgraded. Both islands are to comply with our current parking ordinance." MOTION Ms. Hoffman made a motion deleting the original conditions numbered 4 and 5 and replacing with the amended language including all other staff recommendations. Mr. Marr seconded the motion. Further Discussion Odom: I don't think this is going to be problem. It is already operating and it has a small dance floor. However, I would like to know from staff what assurance does the public have concerning complaints and whether this would come back if there are problems. We have put time restraints and review them on occasion. How does that work? Conklin: In the past, we have placed a condition that they come back to the Planning Commission within one year if we receive complaints. We did not place that condition on this one Anytime if it turns into something that was not approved as part of this conditional use, staff can bring it back to the Planning Commission and have it reconsidered. If the Planning Commission is more comfortable, you could add that condition tonight. Odom: Well, because some of the neighbors have shown up and expressed concern, I Planning Commission Minutes June 14, 1999 Page 9 would like to offer an amendment to motion. Amendment to the Motion Mr. Odom made an amendment to the motion providing that if complaints were received this item would come back within one year. Ms. Hoffman accepted the motion. Further Discussion Johnson: I understand that to mean that rather than wait for a year's worth of complaints but rather at any time during the first year that there are complaints about activities across the street, those could come back to the staff and then staff can bring those forward to the Commission. Correct? Conklin: That is how I understand it. Johnson: I also don't really think that after the one year limit, you cannot still bring verified complaints back. Cordell: Does this include the parking lot? That's one of my big concerns. Their congregating in it and the noise. Johnson: You're talking about one of the conditions that we have placed which is that the outdoor patio area in front is not to be utilized by patrons to congregate or to consume alcoholic beverages, absolutely. In the first place, as I recall, consuming alcoholic beverages on public property is not allowed. In any event, that is one of the conditions. Any of these conditions that you think are not complied with or any other problem that you believe should be brought to the staffs attention, certainly you can bring that forward. This is not just the dance floor issue. Ward: I'll be voting against this. I feel there are entertainment areas. Notably, Dickson Street which is suitable for dance halls. I don't think we need them spread throughout the city especially close to homes and neighborhoods like this one In the past history, we have had several real problems with dance halls and violence spilling out into the parking lot. Marr. I think it's important to remind the applicant that if they don't comply with these conditions, we will take action. This is not giving up the right of way. Conklin: No it's not. We currently own the right of way that their parking lot is built on. • • • Planning Commission Minutes June 14, 1999 Page 10 Marr: I wanted to make that clear. Conditional uses for dance halls, give us the ability to control and I think it works. I will support this motion because we have the ability to take it away if this doesn't work. Johnson: I would hke to clarify the issue of the right of way and location of the parking. I understand that for the City to reclaim this right of way, I don't believe it requires condemnation. I think it doesn't really have to do anything but do whatever construction is necessary. You need to understand it is not as if they would be taking your property. The previous owners have taken the public's property. This would not require condemnation. Hoffman: Typically, I am sensitive to neighbors and their feelings. It is true that we have a great deal of industrial zoning around this side of the street. Johnson: Referring to page 3.20, along Sycamore there is R-3 zoning. We have some R-1. We have 1-1. Roll Call Upon roll call, the motion passed with a vote of 6-1-0. Mr. Ward voted against the motion. The meeting adjourned at 5:57 p.m.