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Home My WebLink About2008-02-11 MinutesPlanning Commission February 11, 2008 Page I of 7 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on February 11, 2008 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ACTION TAKEN MINUTES: January 28, 2007 Approved Page 3 ADM 08-2912: (THE COURTS AT WHITHAM, 444) Approved Page 3 ADM 08-2914: (ALLIED STORAGE, 601) Approved Page 3 ADM 08-2923: (PEBBLE CREEK FLATS, 598) Approved Page 3 ADM 08-2924: (WIRTH, 478) Approved Page 4 CUP 08-2855: (EMERITUS ASSISTED LIVING, 138) Approved Page 4 C-PZD 07-2858: (FARMER'S MARKET / 6" ST., 558) Forwarded Page 4 A DVD copy of each Planning Commission meeting is available for viewing in the Fayetteville Planning Division. Planning Commission February 11, 2008 Page 2 of 7 MEMBERS PRESENT MEMBERS ABSENT James Graves Andy Lack Jill Anthes Matthew Cabe Christine Myres Lois Bryant Sean Trumbo Alan Ostner Porter Winston STAFF PRESENT STAFF ABSENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Tim Conklin 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. Jeremy Pate, Director of Current Planning, called the Planning Commission roll. All members were present with the exception of Commissioner Winston. Commissioner Bryant arrived after roll call. Planning Commission February 11, 2008 Page 3 of 7 Consent: Approval of the minutes from the January 28, 2007 Planning Commission meeting. ADM 08-2912: (THE COURTS AT WHITHAM, 444): The request is for a one year extension for approval of the Large Scale Development, LSD 07-2454. ADM 08-2914: (ALLIED STORAGE, 601): The request is for a one year extension for the approval of the Large Scale Development, LSD 07-2480. ADM 08-2923: (PEBBLE CREEK FLATS, 598): The request is for a one year extension for the approval of the Large Scale Development, LSD 07-2414. Motion: Commissioner Ostner made a motion to approve the consent agenda. Commissioner Graves seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission February 11, 2008 Page 4 of 7 ADM 08-2924: (WIRTH, 478): Submitted by COBBLESTONE HOMES for property located at LOT 1, MOUNTAIN RANCH SUBDIVISION AT 3907 MOUNTAIN VIEW DRIVE. The property is zoned RSF-4, RESIDENTIAL FOUR UNITS/ACRE and contains approximately 0.39 acres. The request is for a curb cut variance for a residential driveway. Andrew Garner, Current Planner, gave the staff report, recommending approval with conditions as listed in the staff report. Aaron Wirth, applicant, presented his request. No public comment was received. Motion: Commissioner Graves made a motion to approve the request with conditions as listed in the staff report with a modification to condition number two to delete the word "minimum". Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0. Planning Commission February 11, 2008 Page 5 of 7 CUP 08-2855: (EMERITUS ASSISTED LIVING, 138): Submitted by H2 Engineering for property located at THE NE CORNER OF ZION ROAD AND RANDALL PLACE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and R -O, RESIDENTIAL OFFICE, and contains approximately 3.27 acres. The request is for an Assisted Living facility in the RMF -24 and R -O Zoning Districts. Jesse Fulcher, Current Planner, gave the staff report, recommending approval with conditions as listed in the staff report. Mark Mayberry, applicant, stated he was in agreement with all conditions. No public comment was received. Motion: Commissioner Trumbo made a motion to approve the request with conditions as listed in the staff report. Commissioner Ostner seconded the motion. Commissioner Ostner stated that he has lived near a similar use and found it to be a great neighbor, and a great fit. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission February 11, 2008 Page 6 of 7 C-PZD 07-2858: (FARMER'S MARKET / 6TH ST., 558): Submitted by STEVE CLARK for property located at S SIDE OF 6TH STREET, BETWEEN E AND W FARMERS DRIVE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 1.50 acres. The request is for rezoning, land use and large scale development approval for a C-PZD with a 5,000 s.f. commercial building with associated parking. Jesse Fulcher, Current Planner, gave the staff report, describing the project in detail, recommending forwarding the item to the City Council with a recommendation of approval with conditions as listed in the staff report. He referred to amendments to the tree preservation plan, to be described in more detail. Jeremy Pate, Director of Current Planning, described the Tree Preservation area and changes to the area that had occurred since the Subdivision Committee review. The applicant and staff met that time, and staff is agreeable to amending the recommended condition of approval. Staff recommended that the language for condition #5 be modified to read "As agreed to by the applicant, 100% of the tree canopy on the remainder of the southern tract will be mitigated back on the property, if it is determined necessary and approved to be removed." The rest of the southern tract will be placed within a permanent Tree Preservation Area. Steve Clark, applicant, stated he was in agreement with all conditions as recommended by staff. No public comment was received. Commissioner Trumbo asked for a repeat of condition #5. Commissioner Ostner asked about floodway, floodplain, and drainage in the area. Glenn Newman, Staff Engineer, described drainage around the site, stating it will not increase peak hour flows and will actually re -direct flow from an existing 36" pipe under Hwy 62. Commissioner Lack asked about how the right-of-way jog affects the 20' building setbacks. Fulcher confirmed it is a little less than a 20' building setback from the jog in right-of-way to the building. Staff will work with the applicant to resolve the matter prior to revision submittal. Commissioner Lack questioned outdoor music establishment as a conditional use. Pate explained that outdoor music is only allowed by conditional use. Even amplified music through a speaker would require approval. This use unit being available could allow such use if necessary and appropriate upon review. Commissioner Lack questioned use unit 21, Warehousing and Wholesale. Pate described uses and stated he does not have an issue with removing it from the proposal. Planning Commission February 11, 2008 Page 7 of 7 Commissioner Graves stated he is comfortable with the use as a CUP, as it would have to come back to Planning Commission for review. Commissioner Ostner asked if a 404 permit was being pursued yet. Clark stated that they have not applied for the permit and that it would likely not be required. Commissioner Ostner asked if there were any wetlands on the property. Clark stated there were no indications of a wetland at this time. Commissioner Anthes asked for clarification on the percentage of site in floodway and floodplain. Newman described the location of the building and parking areas in relation to the floodway and flooplain. The Corps will make a wetland determination. He was not certain of the exact percentages, but the entire site being developed is within floodway or floodplain. Steve Fowler, applicant, noted that the Corps has been out on site twice, and are fine with what has occurred thus far. Motion: Commissioner Graves made a motion to forward the request to City Council with a recommendation of approval with conditions as listed in the staff report, including the modification to condition #5 as stated and adding a condition of approval to revise the plat to correct the building setback discrepancy along Hwy 62 prior to resubmittal. Commissioner Trumbo seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. All business being concluded, the meeting was adjourned at 6:25 PM.