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HomeMy WebLinkAbout2007-09-24 MinutesPlanning Commission September 24, 2007 Page I of 9 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on September 24, 2007 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: September 10, 2007 Approved Page 3 PPL 07-2534: (540 FLEX, LLC, 363) Approved Page 3 ADM 07-2745: (ECLIPSE DISPLAYS) Approved Page 3 ADM 07-2748: (R-PZD 06-2190 (WOODBURY, 137) Forwarded Page 3 LSD 07-2696: (TRINITY FELLOWSHIP CHURCH, 252) Approved Page 3 LSD 07-2676: (KANTZ CENTER/STARBUCKS, 371) Approved Page 3 CUP 07-2666: (VERIZON WIRELESS SANG AVENUE, 481) Tabled Page 4 ADM 07-2739: (MARKETPLACE EXPRESS) Tabled Page 5 VAC 07-2722: (MENNINGER, 523) Forwarded Page 7 A DVD copy of each Planning Commission meeting is available for viewing in the Fayetteville Planning Division. Planning Commission September 24, 2007 Page 2 of 9 MEMBERS PRESENT MEMBERS ABSENT James Graves Jill Anthes Matthew Cabe Andy Lack Christine Myres (arrived after consent agenda) Sean Trumbo Lois Bryant Alan Ostner Porter Winston STAFF PRESENT STAFF ABSENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman/Engineering CITY ATTORNEY: Kit Williams Planning Commission Chair Jill Anthes called the meeting to order. Commissioner Anthes requested for all cell phones to be turned off, and informed the audience that listening devices were available. Andrew Garner, Senior Planner, called the Planning Commission roll. Commissioner Myres was not present, although she arrived after the consent agenda. Planning Commission September 24, 2007 Page 3 of 9 Consent: Approval of the minutes from the September 10, 2007 Planning Commission meeting. PPL 07-2534: Preliminary Plat (540 FLEX, LLC, 363): Submitted by STEVE BRANNAN for property located at S END OF N. SHILO DRIVE, S OF THE POINT WEST SUBDIVISION. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 12.29 acres. The request is to develop a 3 -lot commercial subdivision with 2 lots proposed in Phase 1. ADM 07-2745: Administrative Item (ECLIPSE DISPLAYS): Submitted by BATES & ASSOCIATES for property located at 602 Pump Station Road. The request is to extend the approval of the approved LSD 06-2253 for one year. ADM 07-2748: Administrative Item R-PZD 06-2190 (WOODBURY, 137): Submitted by H2 Engineering, Inc. for property located on the south side of Zion Road and east of Taliesin Lane. The property is zoned R-PZD 06-2190, Woodbury and contains approximately 11.66 acres. The request is to change the zoning criteria in Planning Area 2 to modify the setback off of the private drive from 15' to 5'. LSD 07-2696: Large Scale Development (TRINITY FELLOWSHIP CHURCH, 252): Submitted by TRINITY FELLOWSHIP ASSEMBLY OF GOD CHURCH for property located at 1100 ROLLING HILLS DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and R -O, Residential Office and contains approximately 7.19 acres. The request is for a 24,120 s.f. church with associated parking. LSD 07-2676: Large Scale Development (KANTZ CENTER/STARBUCKS, 371): Submitted by CRAFTON, TULL, SPARKS & ASSOC. for property located NW OF CITIZENS DRIVE AND CROSSOVER RD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.76 acres. The request is for a large scale development with 9,075 s.f. of office, retail and restaurant space and a 1,750 s.f. coffee shop with associated parking for the development. Commissioner Anthes asked if any item should be removed consent. Commissioner Lack stated he would be recusing from the vote. Motion: Commissioner Graves moved to approve the consent agenda. Commissioner Trumbo seconded the motion. Upon roll call the motion passed 7-0-1, with Commissioner Lack recusing. Planning Commission September 24, 2007 Page 4 of 9 Old Business: CUP 07-2666: (VERIZON WIRELESS SANG AVENUE, 481): Submitted by WOODEN, FULTON & SCARBOROUGH, P.C. for property located at THE SANG AVENUE WATER TOWER SITE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0. 13 acres. The request is for a 150' wireless communication facility on the subject property. Commissioner Anthes asked why this item was requested to be tabled. Andrew Garner, Senior Planner, stated that the applicant informed staff that they were in the process of responding to information requested to be addressed by the Planning Commission, and that they were also obtaining estimates regarding the cost to relocate the proposed cell tower to the staff -recommended alternative location. No public comment was received. Motion: Commissioner Graves made a motion to table the request indefinitely. Commissioner Ostner seconded the motion. The motion passed with a vote of 9-0-0. Planning Commission September 24, 2007 Page 5 of 9 ADM 07-2739: Administrative Item (MARKETPLACE EXPRESS): Submitted by CamargoCopeland Architects, LLP requesting a waiver from exterior lighting regulations to allow neon/LED lighting in excess of 75% of the building's linear fagade length. Andrew Garner, Senior Planner, gave the staff report and described the request. The request is to allow 89% neon lighting of the linear length of the building, when the ordinance allows only 75%. Staff recommends approval of the request as the Marketplace Express building does not have a defined rear side of the building, and neon is appropriate on all four sides of the structure given the visibility and site layout. Staff discussed other examples in the area, as well. No public comment was received. Dave Goodwin (applicant) stated agreement with staff s findings and stated that his biggest concern regarding this request is that the building looks good at night. Commissioner Anthes discussed that in contrast to the staff report, the intent behind the neon/LED portion of the lighting ordinance was to require creative use of strip lighting, not to necessarily allow a strip on three sides of buildings, leaving one side dark. The intent is to accent architectural features and to give staff a quantifiable measure of allowable length. She stated that the three restaurants compared to the subject property in the staff report were all in existence prior to the current lighting ordinance. Commissioner Lack asked if the applicant had looked at reducing the neon somewhat on some or all of the sides in order to meet the 75% requirement. Goodwin described the building elevations and that it did not have a definite rear fagade. He discussed that they had looked at reducing the neon on some of the other sides to meet the requirements, but that it was not feasible. He discussed that they would be willing to reduce the neon off of the tower/cupola if there were concerns with too much neon. Commissioner Lack asked if the applicant looked at removing a section of neon from each of the facades. Goodwin responded that, yes, they looked at that but it would not result in the desired appearance for the building. Commissioner Myres stated that she was okay with the applicant's proposal to limit the neon to the principal fagade and remove it off of the cupola/tower. Commissioner Graves asked about the calculations for the percentages of neon on the building and neon on the cupola/tower. Goodwin responded that they did not feel that the 75% should apply to this project based on the site layout, and visibility of the project from Joyce. Planning Commission September 24, 2007 Page 6 of 9 Graves asked staff about how the principal fagade length should be calculated, and if the tower/cupola be included. Garner stated the tower/cupola feature should not have been included in the amount of linear facade length for the neon calculation, in addition to the length of the principal fagade. The calculation is made based on length of the footprint, or principal fagade, of the building. The tower on the subject structure that extends up from the principal part of the building, should not be counted as part of the principal fagade for the neon calculation. Commissioner Graves asked the applicant whether the cupola/tower was included in the calculation. Goodwin responded that he was not sure. Commissioner Graves stated that he was not comfortable voting on this item until the exact percentage of the variance was clearly understood. Commissioner Anthes responded that the structure and cupola/tower may be lit with other methods than neon, such as accent lighting. She also stated that if the applicant met the 75% requirement they would not be required to come back before the planning commission. Commissioner Cabe stated that on page 8 in an email from the applicant's architect it appears that the calculation for the neon includes both the principal fagade of the building, and the cupola tower, and that the exact calculation for the percentage of neon could be made. Motion: Commissioner Graves stated that he still did not feel comfortable voting on the item and made a motion to table the request in order to clarify the variance request. Commissioner Trumbo seconded the motion. Upon roll call, the motion to table passed 7-1-0, with Commissioner Cabe voting "No". Planning Commission September 24, 2007 Page 7 of 9 VAC 07-2722: Vacation (MENNINGER, 523): Submitted by ALAN REID forproperty located at 301 S. WEST AVENUE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0. 12 acres. The request is to vacate 3 rights-of-way: the alley along the west side of the property, a portion of West Avenue along the east side of the property and the unconstructed extension of South Street on the north side of the subject property. Jesse Fulcher, Current Planner, gave the staff report and described the request. The request is to vacate a portion of the West Avenue right-of-way, half of the unconstructed right-of-way for South Street along the north property line and an unconstructed right-of-way along the west property line. Staff found in favor of the first two vacation requests; however, the Trails Coordinator has recommended that the 30' right-of-way along the west property line not be vacated. The purpose was to retain the property as a natural buffer between the subject property and the Frisco Trail. No public comment was received. Sonya Hausmann (applicant) stated that they wanted to vacate the 30' right-of-way to the west, so they could maintain it and landscape the property. The property is currently not maintained and there is trash. Anton Menniger (applicant) stated that the front yard is located in the West St. right-of-way and that it has been used by former owners of the property. The driveway is located on the north side of the house and is within the South St. right-of-way. They would like to take ownership of the 30' right-of-way behind the house for maintenance purposes. Mr. Menniger passed out pictures of the trash behind the property. The right-of-way was vacated for the Mill at West End project, so it is no longer needed as right-of-way. Mr. Menniger stated that he does not object to a good use of the alley right-of-way by the City, but it is currently unkept. Alan Reid (applicant) stated that sections of the 30' right-of-way had already been vacated by the City for other projects to the south and that Frisco Trail is currently located within a 100' right-of- way and therefore an addition buffer was not needed. The City should work with the other property owners on West St. to vacate the excess right-of-way and 30' alley. Commissioner Cabe asked how far the trail was from the west property line. Alan Reid stated that is was approximately 80'. Commissioner Lack asked who is speaking for the Trails Coordinator. Mr. Mihalevich wouldn't ask for this buffer on a "whim." Andrew Garner, Senior Planner, read the comments from Matt Mihalevich that was included in the staff report. Commissioner Ostner stated that public comment had not been called for. Jean Harris (neighbor) stated that she owns property next door and they are trying to clean the Planning Commission September 24, 2007 Page 8 of 9 property up after having some bad renters. Commissioner Anthes clarified to Ms. Harris that the trash that was discussed was located behind the Menniger property within the public right-of-way. Harris asked about a retaining wall between the two properties. Commissioner Anthes stated that a survey would be needed to determine where the property line was in relation to the retaining wall. Discussion ensued regarding maintenance of unconstructed rights-of-way. Commission Myers stated that there was a sufficient buffer between Frisco Trail and the subject property and that vacating the right-of-way would be acceptable. Commissioner Ostner stated that he hoped the City Council would look at vacating the excess right-of-way for West St. for other properties on the street. Alan Reid stated that there were several comments from utility companies. Commissioner Anthes stated that there was a request to retain a 10' utility easement along West Ave. Commissioner Lack stated he had a concern with vacating South St. The City should either vacate the entire 65' or retain sufficient right-of-way for a through street, which is more than half of the right-of-way. Commissioner Anthes asked if all 65' could be vacated. Williams stated that the Planning Commission could recommend the full vacation to the City Council. Motion: Commissioner Ostner made a motion to forward the request, altering condition of approval #1 by recommending vacation of the alley right-of-way, but maintaining access rights through said alley right-of-way. There was no second to the motion. Motion: Planning Commission September 24, 2007 Page 9 of 9 Commissioner Graves made a motion to forward the request, vacating 20' of West Ave. right-of- way, the south half of South Street and the alley right-of-way. Commissioner Trumbo seconded the motion. Commissioner Graves altered his motion to vacate all of the South Street right-of-way. Commissioner Lack stated that they should recommend either vacating all of the South St. right-of- way or none of the right-of-way. Commissioner Graves agreed. Commissioner Myers stated that she couldn't support the motion as it was going beyond the applicant's request. As recommended, if the City Council doesn't vacate all of the South St. right- of-way, then none of the right-of-way will be vacated. Commissioner Graves stated that the City Council can decide what is appropriate in this situation. Commissioner Trumbo seconded the amended motion to vacate all or none of the South St. right- of-way. Commissioner Myers stated that she could support an "either-or" motion, but the applicant may not gain any right-of-way as the motion was stated. Commissioner Ostner stated that the decision to vacate any of the rights-of-way was ultimately a decision that the City Council would have to make. Upon roll call the motion to forward passed with a vote of 7-2-0 with Ostner and Myers voting no. ANNOUNCEMENTS: There is a Walker Park Master Plan meeting occurring tonight until 8 PM, at the Jefferson Elementary School building. All business being concluded, the meeting adjourned at 6.45 PM.