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HomeMy WebLinkAbout2009-10-12 MinutesPlanning Commission October 12, 2009 Page I of 10 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on October 12, 2009 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: September 28, 2009 Approved Page 3 ADM 09-3456: (COLLEGE AVE TOWNHOMES) Approved Page 3 ADM 09-3447: (KANTZ CENTER/STARBUCK'S) Approved Page 3 ADM 09-3448: (WOODSTOCK COMMUNITY R-PZD) Approved Page 3 Old Business: CUP 09-3415: (TOM SMITH/ROLLOFF/IRON & METAL, 599) Withdrawn Page 4 RZN 09-3416: (TOM SMITH/ROLLOFF/IRON & METAL, 599) Withdrawn Page 4 New Business: CUP 09-3389: (M. CHAMBERS / BARKING BED & BREAKFAST, 558) Tabled Page 5 LSD 09-3388: (M. CHAMBERS / BARKING BED & BREAKFAST, 558) Tabled Page 5 CUP 09-3433: (BRAND NEW CHURCH, 177) Tabled Page 9 CUP 09-3432: (PRISM EDUCATION CTR. / 3162 W 6TH, 557) Approved Page 10 Planning Commission October 12, 2009 Page 2 of 10 MEMBERS PRESENT MEMBERS ABSENT Craig Honchell (arrived late) Jeremy Kennedy Matthew Cabe James Graves Andy Lack Christine Myres Sean Trumbo Porter Winston Jim Zant STAFF PRESENT STAFF ABSENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman CITY ATTORNEY: Kit Williams 5:30 PM- Planning Commission Chair Sean Trumbo called the meeting to order. Commissioner Trumbo requested 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 Honchell who arrived immediately after roll call. Planning Commission October 12, 2009 Page 3 of 10 Consent. Approval of the minutes from the September 28, 2009 Planning Commission meeting. ADM 09-3456: (COLLEGE AVE TOWNHOMES): Submitted by BATES & ASSOCIATES for property located SE OF COLLEGE AVENUE AND GOLDEN EAGLE DRIVE. The request is for the second and final extension of R-PZD 07-2649, Residential Planned Zoning District, College Avenue Townhomes. ADM 09-3447: (KANTZ CENTER/STARBUCK'S): Submitted by CRAFTON, TULL AND SPARKS. The request is for the second and final extension of LSD 07-2676, Large Scale Development, Kautz Center/Starbuck's. ADM 09-3448: (WOODSTOCK COMMUNITY R-PZD): Submitted by APPIAN CENTRE FOR DESIGN for property located on the south side of Wedington Drive, between 46th Avenue and Broyles Avenue. The request is for the second and final extension of R-PZD 07-2576, Residential Planned Zoning District, Woodstock. Motion: Commissioner Cabe made a motion to approve the Consent Agenda. Commissioner Lack seconded the motion. Upon roll call the motion passed with a vote of 7-1-0 (with Commissioner Kennedy abstaining.) Planning Commission October 12, 2009 Page 4 of 10 Old Business: NO DISCUSSION WAS PRESENTED OR HEARD ON THESE ITEMS CUP 09-3415: (TOM SMITH/ROLLOFF/IRON & METAL, 599): Submitted by TOM SMITH for property located at 1348 W. CATO SPRINGS ROAD. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 3.16 acres. The request is for metal recycling, Use Unit 28, (center for collecting recyclable materials,) in the I-1, Heavy Commercial and Light Industrial, Zoning District. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT RZN 09-3416: (TOM SMITH/ROLLOFF/IRON & METAL, 599): Submitted by TOM SMITH for property located at 1348 W. CATO SPRINGS ROAD. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 2.10 acres. The request is to rezone the subject property to 1-2, General Industrial. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT New Business: Planning Commission October 12, 2009 Page 5 of 10 CUP 09-3389: (M. CHAMBERS / BARKING BED & BREAKFAST, 558): Submitted by STEVE CLARK for property located at 2650 OLD FARMINGTON ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.94 acres. The request is for Use Unit 43, Animal Boarding and Training, in the C-2, Thoroughfare Commercial, Zoning District. LSD 09-3388: (M. CHAMBERS / BARKING BED & BREAKFAST, 558): Submitted by STEVE CLARK for property located at 2650 OLD FARMINGTON ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.94 acres. The request is for a 6,250 s.f. dog grooming/dog day care facility and associated parking. Andrew Garner, Senior Planner, gave the staff report for the conditional use permit and large scale development describing the proposed animal care facility. He discussed that a couple of additional public comments in opposition of this use were submitted to staff after the publication of the staff report. He gave some background on the changes in the Fayetteville Unified Development code this past year to permit animal boarding in the C-2 zoning district as a conditional use. He described the site and surrounding area and discussed that staff recommends in favor of this use with conditions to for a substantial buffer to screen the outside dog play areas. Steve Clark (applicant) discussed agreement with all of staff's recommended conditions with the exception of the buffer. He agrees that the buffer is needed on the west side, however, on the east and south sides it is a suitable distance not requiring additional screening. Commissioner Trumbo explained, for the applicant's sake, that a conditional use permit may be revoked. Public Comment: Kall Gendii (Quality Inn) discussed that he is the owner of the hotel down the road and the proposed business would be a nuisance for the hotel with 80 dogs. Guests want a peaceful place to stay. He objects to the project. Mike Price discussed that he owns 24 duplexes across the street. There are 50-60 people across the street, some work nights. The proposed business may be needed, but this is not the appropriate location. He recommends denial. Inaudible name (Regency 7 Motel) discussed that he was against this use. Inaudible name (Comfort Inn) discussed that the proposed 80 dogs would be bothersome to his customers. Jeff Hawkins (2824 Old Farmington Road) discussed that he is a planner and appreciates challenges with conditional uses where there may be differing opinions. Uses need to be analyzed and consequences of the uses analyzed. He discussed the comparison of Dog Party USA, a similar business in Tontitown, and discussed a letter written by an adjacent property owner to the Planning Planning Commission October 12, 2009 Page 6 of 10 Commission about this business. He asked about the City policy for mitigation of adverse impacts and asked about the policies in the chosen location for the City animal shelter. This would create a nuisance. It would adversely affect adjoining uses. He recommends denial. Public comment was closed. Commissioner Zant asked the applicant if they had ever managed these types of facilities. Melanie Chambers (applicant) discussed that she had managed these types of facilities with a total of 15 dogs and under. Commissioner Zant asked about the hours of operation in the outdoor play area from 10 AM — 6 PM. Melanie Chambers (applicant) discussed that the dogs won't be out in the play area continuously, but only in designated time for play. Commissioner Zant discussed that the critical issue is noise. He is looking for references to decibel noise, the American Kennel Association recommendations, and how much noise buffer the proposed wood fence would help with, etc. Steve Clark(applicant) responded that he is not an acoustics engineer. He does not have answers. He discussed that a maximum of 25 dogs would be let out at one time. Commissioner Trumbo asked the City attorney how a conditional use permit may be revoked. Kit Williams (City Attorney) discussed that it may be revoked if any of the conditions of approval are violated. Commissioner Cabe asked about condition of approval No. I.e., how would the noise complaint be verified. Garner responded that if a noise complaint were reported the police department would respond to the complaint and if it were verified as violating the noise ordinance it would be considered a verified compliant. Commissioner Kennedy asked the applicant if they had a back-up plan if the dogs bark and violations get reported. Melanie Chambers (applicant) responded that there are three indoor play areas and that dogs will play inside as well as outside. She also responded that dogs will be in by 6 p.m. and will not affect hotel owners. The commercial decibel level is 70 dB so my property already has great white noise. She discussed that the dogs in this facility are not kennel dogs that get left alone and bark, these dogs are people's babies. Planning Commission October 12, 2009 Page 7 of 10 Commissioner Zant discussed that the noise generated by this business is a technical item that can be analyzed and dealt with but there is inadequate information. He stated that he can't support this with the information before him. Commissioner Lack discussed that he had concerns with this use initially but after looking how strictly staff had conditioned this in their recommendation he started to feel more comfortable with it. However, the likelihood of this business violating one of the conditions seems great and he can't support it. Commissioner Trumbo asked if the applicant understood that even after this is built, if the conditions are violated it could be revoked and the business shut down. He is not ready to vote in favor. Steve Clark (applicant) requested the item to be tabled in order for them to be able to provide more technical noise information. Commissioner Myres asked about outdoor music decibels. Garner responded that the maximum permitted by the noise ordinance is 70 DB at the property line. However, dog barking is not measured in decibels according to the noise ordinance as it is an intermittent, nuisance noise. Commissioner Myres discussed the difference between a nuisance and what a condition of living near other people is. She is willing to give the applicant the benefit of the doubt and is willing to support the request, she is also willing to table. Motion: Commissioner Zant made a motion to table CUP 09-3389 for two weeks. Commissioner Myres seconded the motion. Commissioner Winston asked about noise from the building and disposal of dog waste. Steve Clark (applicant) discussed that animal waste is not allowed in sewer system so it is being disposed by the Solid Waste Division. Commissioner Honchell asked the applicant if they had 80 clients waiting. Melanie Chambers (applicant) stated no, not now. The 80 dogs is only a possible maximum that might be obtained around the holidays. Commissioner Honchell asked how long the dogs would be let outdoors. Melanie Chambers (applicant) stated she is not sure but that it will be supervised. Commissioner Honchell asked about the enforcement of the noise ordinance with this business and Planning Commission October 12, 2009 Page 8 of 10 the growth of the vegetated buffer. Garner discussed that the enforcement of the noise ordinance would be the same as for any other dog barking complaint. He also discussed that the vegetative buffer would not be as effective when it is first installed, and that our codes require the buffer to be view -obscuring within 2.5 years. Commissioner Honchell asked the hotel if people stay for weeks, and whether some clients sleep during the day. Inaudible (Hotel Owner) responded that, yes, some of their clients stay in their rooms during the day and do work, and some do sleep during the day. Commissioner Cabe asked why would our typical buffer not work for this business and what is the purpose of the buffer, it wouldn't be able to totally eliminate dog barking noise. Garner responded that this is not a typical commercial business, such as a Walgreen's store next to a residential district where a standard privacy fence would work. The unique nature of this business would generate noise from a large number of dogs barking outside which requires an additional buffer. The intent of the buffer is to muffle the noise, it is understood that all noise would not be eliminated. The intent is also to screen the outdoor dog play areas from view from surrounding properties. Commissioner Cabe responded that the interstate noise will help drown out the dog barking. He fully supports this business and encourages the other Commissioners to have an open mind about it. Commissioner Trumbo stated that he doesn't know what 25 dogs will sound like. He discussed concerns with approving this use for the sake of the neighbors and also to protect the applicant. Commissioner Winston asked if berms and vegetation are not sufficient what types of additional conditions would be proposed? He also asked the applicant to present floor plans, schematics of the building so the commissioners can begin to understand the business better. Upon roll call the motion to table CUP 09-3389 passed with a vote of 8-0-0. Motion: Commissioner Winston made a motion to table LSD 09-3388 to the October 26, 2009 Planning Commission meeting. Commissioner Cabe seconded the motion to table. Upon roll call the motion to table LSD 09-3388 passed with a vote of 8-0-0. CUP 09-3433: (BRAND NEW CHURCH, 177): Submitted by DAWN MOLER for property located at 2826 E. JOYCE BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.84 acres. The request is for a church, Use Unit 4, Cultural and Recreational Facilities, in the C-1, Neighborhood Commercial Zoning District. Planning Commission October 12, 2009 Page 9 of 10 Andrew Garner, Senior Planner, described the request for church with 300 members in the existing commercial building at 2826 East Joyce Boulevard. He discussed that staff finds that a church use is an appropriate and compatible use in this area, however, the site has only 28 parking spaces which is not sufficient for a congregation of this size. The applicant has not proposed a shared parking agreement on a different property or asked for a conditional use permit for a reduced number of parking spaces. Staff recommends denial of the requesting finding that there is not adequate parking. The applicant was not present. Commissioner Cabe made a motion to table to the October 26, 2009 Planning Commission meeting. Commissioner Lack seconded the motion. Upon roll call the motion to table CUP 09-3433 was approved 8-0-0. CUP 09-3432: (PRISM EDUCATION CTR. / 3162 W 6TH, 557): Submitted by MISTY NEWCOMB for property located at 3162 W. MARTIN LUTHER KING BLVD. SUITES 13-16. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 7.40 acres. The request is for a K-8 charter school within the existing commercial building. Planning Commission October 12, 2009 Page 10 of 10 Jesse Fulcher, Current Planner, gave the staff report, describing the request and conditions of approval. Misty Newcomb, applicant, stated that she was in agreement with the conditions. Motion: Commissioner Cabe made a motion to approve CUP 09-3432. Commissioner Zant seconded the motion. Upon roll call the motion to approve CUP 09-3432 passed with a vote of 8-0-0 There being no further business, the meeting was adjourned at 6:47 P.M.