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HomeMy WebLinkAbout2010-04-12 MinutesPlanning Commission April 12, 2010 Page I of]] MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on April 12, 2010 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED Consent: MINUTES: MARCH 22, 2010 Page 3 ADM 10-3560: (SHOPPES AT WEDINGTON LSD, 401) Page 3 VAC 10-3539: (LAURA MCKINNON/740 LOLLAR LANE, 445) Page 3 ACTION TAKEN Approved Approved Approved VAC 10-3540: (FIRST STATE BANK/2292 N. COVINGTON PARK, 334 Approved Page 3 Old Business: CUP 10-3512: (CELL TOWER/HILL & MLK, JR.BLVD, 522) Withdrawn Page 4 CUP 10-3501: (SHOPPES AT WEDINGTON, 401) Approved Page 5 New Business: LSD 10-3536: (FIRST BAPTIST OF FAYETTEVILLE, 484) Approved Page 6 ADM 10-3559: (WEIR ROAD SUBDIVISION, 244) Tabled Page 9 CUP 10-3551: (MILL DISTRICT AND BOTANICAL GARDEN FARMER'S MARKET, 098, 523) Page 11 Approved Planning Commission April 12, 2010 Page 2 of 11 MEMBERS PRESENT MEMBERS ABSENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston Matthew Cabe Andy Lack STAFF PRESENT STAFF ABSENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman CITY ATTORNEY Kit Williams, City Attorney 5:30 PM - Planning Commission Chair Andy Lack called the meeting to order. Commissioner Lack 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 Winston. Planning Commission April 12, 2010 Page 3 of 11 Consent. Approval of the minutes from the March 22, 2010 Planning Commission meeting. ADM 10-3560: Administrative Item (SHOPPES AT WEDINGTON LSD, 401): Submitted by MCCLELLAND CONSULTING ENGINEERS. The property is located WEST OF THE SALEM ROAD AND WEDINGTON DRIVE INTERSECTION. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The request is for the second and final extension of LSD 08-2903, Large Scale Development Shoppes at Wedington. VAC 10-3539: Vacation: (LAURA MCKINNON/740 LOLLAR LANE, 445): Submitted by JORGENSEN & ASSOC for property located ALONG THE EASTERN PROPERTY LINE OF 740 LOLLAR LANE. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.04 acres. The request is to vacate a portion of a 15 -foot alley that runs from College Avenue to the subject property. VAC 10-3540: Vacation (FIRST STATE BANK/2292 N. COVINGTON PARK, 334): Submitted by FIRST STATE BANK OF NORTHWEST ARKANSAS for property located at 2292 N. COVINGTON PARK. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.33 acres. The request is to vacate a portion of a utility easement. Motion: Commissioner Cabe made a motion to approve the Consent Agenda. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 7-0-1, with Commissioner Lack recusing. Planning Commission April 12, 2010 Page 4 of 11 Old Business: CUP 10-3512: Conditional Use Permit (CELL TOWER/HILL & MLK, JR.BLVD, 522): Submitted by SMITH TWO-WAY RADIO for property located SOUTHEAST OF THE INTERSECTION OF HILL AVENUE AND THE RAILROAD TRACKS. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0. 12 acres. The request is for a 150 ft. 'flag pole type' cellular tower on the subject property. Commissioner Lack announced that this item has been withdrawn. Planning Commission April 12, 2010 Page 5 of 11 CUP 10-3501: Conditional Use Permit (SHOPPES AT WEDINGTON, 401): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at 3484 W. WEDINGTON DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The request is for a church, Use Unit 4, Cultural and Recreational Facilities, in the C-1, Neighborhood Commercial Zoning District, and for shared and off-site parking. Andrew Garner, Senior Planner gave the staff report discussing the proposed church use within the Shoppes at Wedington Large Scale Development. He discussed that staff finds the church use compatible with the surrounding mix of commercial and multi -family uses, and also that the proposed shared and off-site parking parking is appropriate, in staff's opinion. Ryan Gill, applicant, stated that he was here for any questions. No public comment was received. Motion: Commissioner Chesser made a motion to approve, finding the request straightforward. Commissioner Hoskins discussed the following concern/questions with the shared parking agreements: Iberia Bank: The agreement is for Sundays only, and the tenant, not the owner signed the agreement. Bank of the Ozarks: The agreement on Wednesday starts at 6:30 P.M., however, the church's hours of operation on Wednesday are from 4-8 PM. Arvest Bank: The agreement is for Sundays only, not Wednesdays Kit Williams, City Attorney, discussed that even though the tenants have signed, it may be a good idea to get the owner's signature. Commissioner Hoskins agreed and added that if the shared parking agreements expire, that would place undue hardship on the applicant because the church would already the conditional use permit is revoked and they already have the church in place. Garner discussed that peak church hours were on Sunday morning and that staff felt that on Wednesday nights, when there were fewer attendees at the services, that parking would be adequate. He also discussed that condition of approval 2.b clearly states that if the shared parking agreements expire, this CUP would be required to return to the Planning Commission and could be voided. Commissioner Kennedy seconded the original motion by Commissioner Chesser. Upon roll call the motion was approved with a vote of 7-0-1, with Commissioner Lack recusing. Planning Commission April 12, 2010 Page 6 of]] New Business: LSD 10-3536: Large Scale Development (FIRST BAPTIST OF FAYETTEVILLE, 484): Submitted by H2 ENGINEERING, INC. for property located at THE NW CORNER OF COLLEGE AVENUE AND DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 4.00 acres. The request is for expansion of the existing First Baptist Church at the corner of College Avenue and Dickson Street. Andrew Garner, Senior Planner, gave the staff report. He discussed the applicant's request for the expansion to the existing First Baptist Church at the corner of College/Dickson. He discussed that the main issue for discussion centers on variances to permit new parking lots within the 25 -foot build -to zone. He discussed the background of the Downtown Master Plan that led to the adoption of the build -to zone, and ordinances enacted to prevent parking lots adjacent to the street in the build -to zone. He also discussed that there is an environmental hazard on this site because an adjacent property had leaking underground storage tanks and there is gasoline in the ground under this site that is being monitored by the Arkansas Department of Environmental Quality. Staff recommends a condition of approval addressing this issue as follows, Condition of Approval No. 18: Prior to construction the applicant shall provide documentation that they are in compliance with the Arkansas Department of Environmental Quality requirements for an ongoing hazardous materials monitoring related to an adjacent underground storage tank for a gas station. Kip Hearne, applicant, agreed that the main point of discussion are the build -to zone variances. He pointed out that this is a unique situation, he understands the background behind an urban feel. They are okay with one street frontage, and are building the addition to the church in the build -to zone along College Avenue. He discussed that the parking lot expansion in the northeast corner is required to provide parking spaces that are lost because of the expansion. The church has no further plans to expand in the northwest portion of the site. Hearne said that they are going above and beyond in parking lot landscaping. They have been working with staff since the subdivision committee but is not sure that they have reached an agreement. He discussed a proposal to provide additional landscaping along the new parking lot on Highland Avenue. This additional screening would be provided by taking 70 feet of the screening they are proposing along the existing parking lot on Highland, and moving it in front of the new parking, to double -up plantings in that area. He passed out a proposed landscape plan for that portion of the site. No public comment was received. Commissioner Earnest asked the applicant to clarify if they were proposing even more plantings than shown on the original set of plans. Hearne discussed further that they are proposing to take some of the plantings along Highland in front of the existing parking and place them along the new parking lot. He pointed out that they are proposing evergreen screening shrubs, ornamental grasses, and three additional street trees. Planning Commission April 12, 2010 Page 7 of]] Commissioner Hoskins discussed that to minimize the effects of the parking lot in the build -to zone, an elevation change could be provided between the new parking lot and Highland Avenue, to create a berm effect. He discussed grade issues and that the new parking lot could be at the same grade as the existing parking lot. Hearne stated that it is a possibility, but they would request that it not be required. Commissioner Chesser said that it is just 7 spaces. A structure could be built there in the build -to zone. He discussed the value of surface parking in downtown and that it is unlikely that these parking spaces will ever go away in the near future if they are built. He discussed that the new parking lot in the build -to zone would exacerbate the non -conforming condition. As discussed at the subdivision committee meeting, he might suggest a masonry wall at the edge of the parking lot to provide a more pedestrian -friendly urban environment, although he would be hesitant to chip away at the build -to zone. Commissioner Earnest reminded the commission that as discussed as part of the Downtown Master Plan, it is incumbent upon on all of us to encourage development of an existing site. He discussed appreciation of the church's effort to expand in this area of town. Commissioner Hoskins asked about the land adjacent to the north also owned by the church. Would there be another variance when it is re -developed? Johnny Quinn, applicant and member of 1 sc Baptist Church, stated that this is a very important issue for them. The existing house to the north is used as a domicile to visiting missionaries. Not sure of any near or far -term plans. The church's master plan has been to stay downtown. This is part of their 8 -year plan with this expansion. The budget is a concern. This project is similar to the Methodist church across the street and will provide a neat landscaping appearance. Commissioner Hoskins stated that he is glad they are expanding downtown. He discussed that he would like to see an elevation change in the parking lot so you do not see the expanse of new parking heading north on Highland going up the hill. Commissioner Chesser said he would like to see 2-3' elevation change and asked staff about the issue with the cutting into the potentially hazardous soils. Garner discussed that the ADEQ would have to make the determination on the extent of construction that could occur within the monitoring site. Kit Williams, City Attorney, discussed items that should be considered for a variance including whether there was a hardship, and whether the intent of the Downtown Master Plan to create a superb walking environment, was met. Commissioner Cabe, discussed that he feels that they have gone above and beyond the landscape requirements and that they are trying to make the site better. Planning Commission April 12, 2010 Page 8 of 11 Motion• Commissioner Chesser made a motion to approve the large scale development with variances as proposed by the applicant at tonight's meeting, and the addition of the new condition of approval No. 18 as recommended by staff. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-1 with Commissioner Lack recusing. Planning Commission April 12, 2010 Page 9 of 11 ADM 10-3559: Administrative Item (WEIR ROAD SUBDIVISION, 244): Submitted by HOMETOWN DEVELOPMENT. The property is located at the SOUTHEAST CORNER OF WEIR ROAD AND HUGHMONT ROAD and contains approximately 17.64 acres. The request is for an extension of the approval for PPL 06-2010, Preliminary Plat Weir Road Subdivision. Andrew Garner, Senior Planner, gave the staff report discussing the background of the preliminary plat and construction approvals for this subdivision. As this applicant has not received final plat within 3 years from construction approval they are requesting an extension to complete the project. The applicant was not present. Public Comment: Jennifer Price, property owner in the area, described the history of subdivisions in this area of the County including Lierly Lane and Weir Road. She discussed that these approvals were given prior to the County adopting zoning and were not in keeping with the rural character of this area. The County and the City both said there was nothing they could do because there were no restrictions on this type of development. The Weir Road Subdivision proposes 40 townhomes and decentralized sewer system. Now that there is zoning we would like to speak to this development. Ask them to come back through the process as a new subdivision. Public comment was closed. Commissioner Earnest asked what the current status of this subdivision. Glenn Newman, Staff Engineer, discussed that they are working with the County and City to extend the approval deadline. The roads are cut in. There is no other infrastructure in the ground. Commissioner Hoskins asked what discretion the Planning Commission has in this decision. Garner explained that ordinance requires two factors to be considered for an extension: (1) turn in the request by the deadline; and (2) show good cause why they couldn't complete the project on time. No. 1 has been met as the applicant turned in the request on time, No. 2 is to be determined by the Planning Commission based in information provided by the applicant. The applicant turned in a letter on page 3 requesting the extension. Commissioner Chesser asked the City Attorney if the applicant has provided good cause to grant the extension. Kit Williams, City Attorney, stated that is up to the Planning Commission to decide. You can use common sense to make that decision. Planning Commission April 12, 2010 Page 10 of 11 Commissioner Cabe discussed that the letter from the applicant, which is unsigned, does not show a good faith effort, in his opinion, as to why they could not complete the project on time. We need more justification. Jeremy Pate, Development Services Director, described that this is a unique request because they actually pulled construction permits, but they haven't finished the project within three years. It is common to see requests for an extension before a project is started. He agreed that this request warrants some additional discussion. There was not a lot of activity on this project until very recently. Commissioner Chesser asked if they can consider the extent of construction. Williams discussed that any actual fact may be considered by the Planning Commission in the decision, such as the amount of construction that has been completed. Motion: Commissioner Hoskins motioned to table the item to the April 26`" Planning Commission agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission April 12, 2010 Page 11 of II CUP 10-3551: Conditional Use Permit (MILL DISTRICT AND BOTANICAL GARDEN FARMER'S MARKET, 098, 523): Submitted by FAYETTEVILLE FARMER'S MARKET for property located at the MILL DISTRICT AND BOTANICAL GARDEN OF THE OZARKS. The property is zoned MSC, MAIN STREET CENTER AND R -A, RESIDENTIAL AGRICULTURAL and contains approximately 3.04 acres and 6.44 acres, respectively. The request is for an outdoor farmer's market at the two subject locations, Use Unit 2, for temporary outdoor facilities. Andrew Garner, Senior Planner gave the staff report, describing the setting for both locations for the expanded farmer's market. Finding that both locations are compatible staff recommends approval for both of the sites. Chuck Rutherford, applicant, noted that he is here for any questions. Commissioner Earnest, said that condition of approval #4 is a good idea giving discretion to Parks staff when the field is used for the market. Jeremy Pate, Development Services Director, requested that the vote be separated procedurally; with a separate motion for the Mill District and the Botanical Gardens. No public comment was presented. Commissioner Cabe said that he is glad to see it (the market) expanded into other areas of the City. Motion #1 Mill District: Commissioner Cabe made a motion to approve the Conditional Use Permit for the use of the Farmers Market at the Mill District. Commissioner Chesser seconded. Upon roll call the motion passed with a vote of 8-0-0. Motion #2 Botanical Garden: Commissioner Cabe made a motion to approve the Conditional Use Permit for the use of the Farmers Market at the Botanical Garden of the Ozarks. Commissioner Chesser seconded. Upon roll call the motion passed with a vote of 8-0-0. There being no further business, the meeting was adjourned at 7.00 PM.