Loading...
HomeMy WebLinkAbout2009-06-08 MinutesPlanning Commission June 8, 2009 Page I of]] MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on June 8, 2009 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ACTION TAKEN MINUTES: May 26, 2009 Approved Page 3 ADM 09-33329: (VILLAGE AT SHILOH 2ND EXTENSION, 519) Approved Page 3 ADM 09-3329: (CHAMPION CLUB CONDOS 2ND EXTENSION, 599 ) Page 3 Approved ADM 09-3331: (PREMIER PLAZA EXTENSION, 595) Approved Page 3 ADM 09-3328: (DEPOT PARKING CUP EXTENSION, 484) Approved Page 3 PPL 09-3329: (TWIN CREEKS VILLAGE PH. II, 172) Approved Page 4 CUP 09-3294 (OGDEN FAMILY TRUST SELF STORAGE, 638) Denied Page 6 CUP 09-3293: (ROLL-OFF/CATO SPRINGS ROAD, 599) Denied Page 8 CUP 09-3295: (ZAREMBA-CULVER/317 HUNTSVILLE, 524) Tabled Page 11 Planning Commission June 8, 2009 Page 2 of 11 MEMBERS PRESENT Matthew Cabe James Graves Craig Honchell Jeremy Kennedy Audy Lack Christine Myres Porter Winston Jim Zant STAFF PRESENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman CITY ATTORNEY: Kit Williams MEMBERS ABSENT Sean Trumbo STAFF ABSENT Matt Casey Chris Brown 5:30 PM - Planning Commission Vice Chair Andy Lack called the meeting to order. Commissioner Lack requested for all cell phones to be turned off, and informed the audience that listening devices were available. Upon roll call, all members were present with the exception of Commissioner Trumbo. Planning Commission June 8, 2009 Page 3 of 11 Consent. Approval of the minutes from the May 26, 2009 Planning Commission meeting. ADM 09-3330: (VILLAGE AT SHILOH LSD 2°d EXTENSION): Submitted by Crafton Tull Sparks, Inc. for property located on the west side of Shiloh Road, 1.2 miles south of Wedington Drive. The request is for a second one year extension of the approval of the Village at Shiloh LSD 07-2594. ADM 09-3329: (CHAMPIONS CLUB CONDOS PZD 2"d EXTENSION): Submitted by Crafton Tull Sparks, Inc. for property located at the southwest corner of 15`h Street and Razorback Road. The request is for a second one year extension of the approval of the Champions Club Condos R-PZD 07-2551. ADM 09-3331: (PREMIER PLAZA EXTENSION): Submitted by H2 ENGINEERING, INC for property located at the northwest corner of MARTIN LUTHER KING JR, BOULEVARD. The request is for a one-year extension of the approval of Premier Plaza, LSD 07-2880. ADM 09-3328: (DEPOT PARKING CUP MODIFICATION): Submitted by Greg House for property located at the northwest corner of Dickson Street and West Avenue. The request is to modify the Conditional Use Permit approval to allow for additional time for the installation of the required landscaping. No public comment was received. Motion: Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-0-1 with Commissioner Lack recusing). Planning Commission June 8, 2009 Page 4 of 11 New Business: PPL 09-3289: (TWIN CREEKS VILLAGE PH. II, 172): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at SW OF THE INTERSECTION OF E VAN ASCHE DRIVE AND N STEELE BOULEVARD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 5.69 acres. The request is for a commercial subdivision with 6 lots. Jesse Fulcher, Current Planner, gave the staff report, describing the unresolved determination of the extension of Northwood Avenue, a street stub -out from an adjacent residential subdivision to the south. Mr. Fulcher gave a brief history of the agreements between the Centerbrook Subdivision and the developers of CMN II. Additionally, an overview of the Street Committee meeting held on June 4, 2009 was provided. The Street Committee voted 4-0-0 to recommend to the Planning Commission that Northwood Avenue not be extended through this development. Leslie Tabor, applicant, stated that she had no additional comments. Stephanie Smith, neighbor, stated that there was no benefit to the neighborhood if the street is extended. David Kensell, neighbor, asked about the private loop drive proposed for the development, and if the street connection would remove the on -street parking on Northwood. Chris Crosby, neighbor, stated that he didn't see a safety benefit to making the street connection and that Northwood was not designed for through traffic. 011ey Hallawell, neighbor, stated the street connection would be utilized by large delivery trucks serving nonresidential development and the traffic speeds would increase on Northwood. Robert Murphy, neighbor, stated that through streets are proven to increase traffic, traffic speeds and lower property values. Most of the homes only have one car garages and on -street parking is crucial. The City needs to make a final determination on this street connection. Mary Tripert, neighbor, stated that the increase traffic would make the street unsafe for pedestrians. AJ Ballor, neighbor, stated the vehicles exiting the bypass turn east onto Shiloh and then use Northwood for a u -turn, so they then can go west on Shiloh. A street connection would likely result in this traffic using Northwood to get back to Gregg Street. Penny Ballor, neighbor, stated that she is opposed to extending the street and that she hasn't heard any benefits to this extension. Commissioner Lack asked staff to address the neighbors questions regarding on -street parking. Jeremy Pate, Development Services Director, stated that on -street parking should be fine based on the width of the street. Planning Commission June 8, 2009 Page 5 of 11 Commissioner Lack stated that the recommendation by the Street Committee is helpful for the Planning Commission when considering their recommendation. Commissioner Graves stated that he reviewed the development at Subdivision Committee and the only item of discussion was the street extension, which they didn't support. Motion: Commissioner Myres made a motion to approve the request with a recommendation not to extend Northwood Avenue through the subject development and approval of all other conditions. Commissioner Graves seconded the motion. Upon roll call the motion passed with a vote of 8-0- 0. Planning Commission June 8, 2009 Page 6 of]] CUP 09-3294: (OGDEN FAMILY TRUST / SELF STORAGE, 638): Submitted by NATHAN OGDEN PICK -IT CONSTRUCTION for property located at 2300 & 2340 S. RAZORBACK ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 10. 19 acres. The request is for a self storage development on the subject property. Dara Sanders, Current Planner, read the staff report, describing the request. Staff recommended denial of the application, finding that the proposal to mass 2.4 acres of impervious surface in a sensitive natural environment on a hillside that is clearly visible would adversely affect the public interest and does not comply with the City Plan 2025 Future Land Use designation of City Neighborhood Area or the guiding principles of the Fayette Junction Master Plan. Chad Childress, representative, described the project, stating that he and his client believe that the proposal was a low -impact development that would be screened from view. No public comment was received. Commissioner Zant asked if staff attempted to negotiate with the applicant to establish terms that would be agreeable to both parties in order to increase compatibility and achieve a recommendation of approval. Jeremy Pate, Director of Development Services, explained that staff does negotiate with the applicant in certain situations; however, staff finds that the proposal is not compatible at this location. The conditions of approval necessary to ensure compatibility and compliance with the guiding principles and policies would produce a completely different project from that presented by the applicant. Commissioner Winston stated that he is against the application because of the environmental impact. Commissioner Honchell asked if the owner was involved in the Charrette process for the Fayette Junction Master Plan. Childress could not verify. Commissioner Myres stated that she did not support the request, finding that the development practice proposed is not appropriate at the proposed location. Commissioner Kennedy expressed an interest in tabling the request in order for the applicant to coordinate with staff. Commissioner Lack stated that he did not support the request, finding that the proposal would have an adverse impact on the natural environment and would not comply with the Commercial Design Standards. Planning Commission June 8, 2009 Page 7 of]] Motion• Commissioner Myres made a motion to deny CUP 09-3294 based on staff's findings. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8- 0-0. Planning Commission June 8, 2009 Page 8 of 11 CUP 09-3293: (ROLL -OFF / CATO SPRINGS ROAD, 599): Submitted by TOM ROLL OFF INDUSTRIES / SMITH for property located at 1348 W. CATO SPRINGS ROAD. The property is zoned 1-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 4.45 acres. The request is to operate a metal recycling business on the subject property. Andrew Garner, Senior Planner, gave the staff report, giving the background of the uses on the site and the request for the proposed metal salvage that came about from a violation letter sent to the applicant in March 2009. Gamer discussed that staff views the current business similar to Use Unit 23, which is a metal salvage use and is not permitted under the existing I-1 zoning on the site. Staff recommends denial of the request finding that it is not compatible with the existing zoning or surrounding land uses. Tom Smith (applicant) discussed that they have been operating on this site for seven years. They only had two complaints. He does not feel like they are in violation. He asks that maybe the Planning Commission consider tabling the request, and he is confident that we can meet the requirements of the city. No public comment was received. Commissioner Graves discussed a request that on future applications that it would be helpful when staff recommends denial or tabling an item that all of the recommended conditions of approval be listed, in case the Planning Commission decides to approve the item. Jeremy Pate, Development Services Director, discussed that in this particular application we discussed this issue internally, and determined that there were no feasible conditions of approval that staff could recommend, and we therefore left them out. Pate discussed that his interpretation is that the current business on the property falls under Use Unit 23, Heavy Industrial, and is not permissible on the property. The applicant's request is for recycling, but the use proposed is not recycling, Use Unit 28, and is not permitted. Whether or not this CUP is approved or denied, the existing business operations will be required to stop. Commissioner Lack asked the applicant about the application in October 2001 about rescinding the conditional use permit and whether the applicant's request to rescind the CUP removed the approval? Kit Williams, City Attorney, discussed that yes it would end the use, with the applicant's request. Pate agreed with City Attorney Williams. Smith discussed that his intention in 2001 was to withdraw the cardboard portion of the permit. Commissioner Lack discussed agreement with staff that the use is Use Unit 23 and not 28. Commissioner Cabe stated agreement with Commisioner Lack. He doesn't feel like there are any number of conditions that could bring this use, this business, into compliance. Planning Commission June 8, 2009 Page 9 of 11 Commissioner Honshell asked if the cardboard bailer was installed? Smith responded, no. Commissioner Honshell asked staff to clarify between recycling and metal salvage. Pate discussed that City codes do not have a specific definition so we use the common definition. He discussed the Vaughn Recycling Center that was recently approved through the Planning Commission and is a true recycling center. He discussed that materials are stored indoors. The rail component is different here, but for recycling, we've held others to standards where the materials are stored indoors. Commissioner Graves discussed that he is inclined to agree with staff. He discussed concerns with the conditional use permit being withdrawn and this business still opening for business when it was not permitted. Commissioner Kennedy asked what on this site would make this a recycling use? Pate discussed that in the previous CUP the cardboard bailer had to be inside, and that for this use to be considered recycling the processing and storage would need to be kept inside, which would reduce noise, dust, and other impacts. Tom Smith (applicant) discussed that they can do a better job of describing the use than they previously did. He discussed that pole barns are feasible and would help with their stormwater pollution prevention plan. Commissioner Zant discussed support for staffs recommendation but feels like this is a very important use. He would recommend the applicant work with staff to make it acceptable. Commissioner Winston asked about the concrete facility next door. Pate discussed that it likely is a nonconforming use that has been grandfathered in. Commissioner Winston discussed that this is a very important use and they may be able to make an argument for I-2. I'm inclined to let the applicant work with staff. Commissioner Myres discussed that she feels like this is an appropriate business, but not in this location. Motion: Commissioner Myres made a motion to deny CUP 09-3293 finding agreement with staff's findings. Commissioner Zant seconded the motion. Planning Commission June 8, 2009 Page 10 of 11 Commissioner Winston asked about ceasing the operation within 45 days. Commissioner Graves also asked about the timeframe for closing the business and reapplying with a new application. Pate discussed that if staff knows the applicant is actively pursuing a new CUP then this violation would not be sent to the prosecutor. Honchell asked about whether the location of a railway spur would illicit an automatic I-2 zoning. Pate discussed that no it would not, if a new development were proposed with a new railway spur then it might be appropriate to designate an I-2 zoning. Upon roll call the motion to deny CUP 09-3293 passed with a vote of 6-2-0 (Commissioners Honchell and Kennedy voting `no') Planning Commission June 8, 2009 Page 11 of II CUP 09-3295: (ZAREMBA-CULVER / 317 HUNTSVILLE, 524): Submitted by KARYN ZAREMBA-CULVER for property located at 317 HUNTSVILLE ROAD. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.26 acres. The request is to operate a plant nursery on the subject property. Andrew Garner, Senior Planner, gave the staff report, describing the request for a small scale plant nursery. Finding the use to be compatible staff recommends approval. The applicant was not present. Sally Ebbrecht (416 S. Willow) requested that no retail be allowed at 8 AM in the morning, and that 9 PM at night is too late. If the greenhouse is screened it is okay. HW Ebbrecht (416 S.Willow) stated that there will be no peace in the neighborhood if retail is allowed. He discussed privacy issues and views from his kitchen. Commissioner Graves discussed that he felt 8 AM on weekends and 9 PM on weekdays is a concern. Condition No. 5, "large delivery vehicles" needs to be defined. Commissioner Zant discussed concerns with parking, 10 people per class with only four vehicles allowed to park on the property, hours of operation. He discussed that this use is pushing the envelope, it's almost as if we're trying to do to much. Commissioner Cabe discussed that the hours of operation seemed appropriate. Motion: Commissioner Cabe made a motion to table the request for two weeks until the June 22 Planning Commission meeting. Commissioner Kennedy 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 7.30 PM.